Exercisability of Option Vesting. (a) FULL EXERCISABILITY. This option may be exercised at any time and from time to time for all or any portion of the Option Shares, except that this option may not be exercised for a fraction of a share. The foregoing right (subject to Sections 4 or 5 hereof if the Optionee ceases to be employed by the Company) may be exercised on or before the date which is ten years from the Grant Date. Option Shares which are "Unvested Shares," as specified in paragraph (b) below, shall, if purchased, be subject to the Company's Repurchase Option described in Section 6 unless and until they become "Vested Shares" in accordance with paragraph (b) below. As of any date, the Option Shares issued upon the exercise of this option on or before such date (the "Issued Shares") shall first be deemed to be Vested Shares up to the number of Option Shares that are Vested Shares under Section 3(b) above as of such date and any Issued Shares in excess of the number of Vested Shares as of such date shall be deemed to be Unvested Shares. The term "Option Shares" used without reference to either Unvested Shares or Vested Shares shall mean both Unvested Shares and Vested Shares, without distinction.
Appears in 3 contracts
Samples: Non Qualified Stock Option Agreement (Red Hat Inc), Non Qualified Stock Option Agreement (Red Hat Inc), Non Qualified Stock Option Agreement (Red Hat Inc)
Exercisability of Option Vesting. (a) FULL EXERCISABILITY. This option may be exercised at any time and from time to time for all or any portion of the Option Shares, except that this option may not be exercised for a fraction of a share. The foregoing right (subject to Sections 4 or 5 hereof if the Optionee Employee ceases to be employed by the Company) may be exercised on or before the date which is ten years from the Grant Date. Option Shares which are "Unvested Shares," as specified in paragraph (b) below, shall, if purchased, be subject to the Company's Repurchase Option described in Section 6 unless and until they become "Vested Shares" in accordance with paragraph (b) below. As of any date, the Option Shares issued upon the exercise of this option on or before such date (the "Issued Shares") shall first be deemed to be Vested Shares up to the number of Option Shares that are Vested Shares under Section 3(b) above as of such date and any Issued Shares in excess of the number of Vested Shares as of such date shall be deemed to be Unvested Shares. The term "Option Shares" used without reference to either Unvested Shares or Vested Shares shall mean both Unvested Shares and Vested Shares, without distinction.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Red Hat Inc), Incentive Stock Option Agreement (Red Hat Inc)