Common use of Exercisability of Options Clause in Contracts

Exercisability of Options. The Options shall vest as follows: (i) one hundred eleven thousand one hundred twelve (111,112) Options shall vest on the Grant Date, (ii) one hundred eleven thousand one hundred eleven (111,111) Options shall vest on the first anniversary of the Grant Date, and (iii) one hundred eleven thousand one hundred eleven (111,111) Options shall vest on the second anniversary of the Grant Date; provided, however, that no Options shall vest after any (i) termination of Employee's employment pursuant to Section 4(c) or Section 4(g) of the New Employment Agreement or (ii) occurrence of any Breach Event which (if capable of cure) has not (together with all effects thereof) been fully cured by Employee within the Breach Cure Period; provided, further, that no Options shall vest during any Breach Cure Period (but if all Breach Events are cured during the corresponding Breach Cure Periods, any unvested Options scheduled to vest during such Breach Cure Periods shall be deemed to have vested as of the scheduled vesting date); provided, further, no Options shall vest during any For Cause Determination Period (but, in the event that the Company Board determines no termination for Cause has occurred or Employee is successful in challenging any purported termination under Section 4(c) of the New Employment Agreement, any Options scheduled to vest during such For Cause Determination Period shall be deemed to have vested as of the scheduled vesting date); and provided, further, and subject to the foregoing paragraphs, that if Employee's employment under the New Employment Agreement terminates as provided in Sections 4(a), 4(b), 4(d) or 4(f) of the New Employment Agreement, the Options shall be vested at such termination provided Employee (or, if deceased, her estate's legal representative) signs a general release of claims in a form provided by the Company which shall be substantially similar to Exhibit F of the New Employment Agreement. Subject to the execution of the aforementioned release, in the event of termination due to Section 4(b) of the New Employment Agreement, Employee's estate or Beneficiaries, as the case may be, shall be entitled to exercise all Options held by Employee at the time of her death for the balance of their term. To the extent Employee does not purchase all or any part of the Common Shares under the Options exercisable and to which Employee is entitled, Employee has the right cumulatively thereafter to purchase any Common Shares not so purchased and such right shall continue until the Option terminates or expires. Fractional Common Share interests shall be disregarded, but may be cumulated. No fewer than 50 Common Shares may be purchased at any one time, unless the number purchased is the total number at the time available for purchase under the Option.

Exercisability of Options. The Options shall vest as follows: (i) one million one hundred eleven thousand one hundred twelve (111,1121,111,112) Options shall vest on the Grant Date, (ii) one million one hundred eleven thousand one hundred eleven (111,1111,111,111) Options shall vest on the first anniversary of the Grant Date, and (iii) one million one hundred eleven thousand one hundred eleven (111,1111,111,111) Options shall vest on the second anniversary of the Grant Date; provided, however, that no Options shall vest after any (i) termination of Employee's employment pursuant to Section 4(c) or Section 4(g) of the New Employment Agreement Agreement, or (ii) occurrence of any Breach Event which (if capable of cure) has not (together with all effects thereof) been fully cured by Employee within the Breach Cure Period; provided, further, that no Options shall vest during any Breach Cure Period (but if all Breach Events are cured during the corresponding Breach Cure Periods, any unvested Options scheduled to vest during such Breach Cure Periods shall be deemed to have vested as of the scheduled vesting date); provided, further, no Options shall vest during any For Cause Determination Period (but, in the event that the Company Board determines no termination for Cause has occurred or Employee is successful in challenging any purported termination under Section 4(c) of the New Employment Agreement, any Options scheduled to vest during such For Cause Determination Period shall be deemed to have vested as of the scheduled vesting date); and provided, further, and subject to the foregoing paragraphs, that if Employee's employment under the New Employment Agreement terminates as provided in Sections 4(a), 4(b), 4(d) or 4(f) of the New Employment Agreement, the Options shall be vested at such termination provided Employee (or, if deceased, her his estate's legal representative) signs a general release of claims in a form provided by the Company which shall be substantially similar to Exhibit F of the New Employment Agreement. Subject to the execution of the aforementioned release, in the event of termination due to Section 4(b) of the New Employment Agreement, Employee's estate or Beneficiaries, as the case may be, shall be entitled to exercise all Options held by Employee at the time of her his death for the balance of their term. To the extent Employee does not purchase all or any part of the Common Shares under the Options exercisable and to which Employee is entitled, Employee has the right cumulatively thereafter to purchase any Common Shares not so purchased and such right shall continue until the Option terminates or expires. Fractional Common Share interests shall be disregarded, but may be cumulated. No fewer than 50 Common Shares may be purchased at any one time, unless the number purchased is the total number at the time available for purchase under the Option.

Exercisability of Options. The Options shall vest as follows: (i) one hundred eleven thousand one hundred twelve eleven (111,112111,111) Options shall vest on the Grant Date, (ii) one two hundred eleven twenty-two thousand one two hundred eleven twenty-two (111,111222,222) Options shall vest on the first business day immediately preceding the first anniversary of the Grant Date, and (iii) one hundred eleven thousand one hundred eleven (111,111) Options shall vest on the second anniversary of the Grant Date; and provided, however, that no Options shall vest after any (i) termination of Employee's employment pursuant to Section 4(c) or Section 4(g) of the New Employment Agreement or (ii) occurrence of any Breach Event which (if capable of cure) has not (together with all effects thereof) been fully cured by Employee within the Breach Cure Period; provided, further, that no Options shall vest during any Breach Cure Period (but if all Breach Events are cured during the corresponding Breach Cure Periods, any unvested Options scheduled to vest during such Breach Cure Periods shall be deemed to have vested as of the scheduled vesting date); provided, further, no Options shall vest during any For Cause Determination Period (but, in the event that the Company Board determines no termination for Cause has occurred or Employee is successful in challenging any purported termination under Section 4(c) of the New Employment Agreement, any Options scheduled to vest during such For Cause Determination Period shall be deemed to have vested as of the scheduled vesting date); and provided, further, and subject to the foregoing paragraphs, that if Employee's employment under the New Employment Agreement terminates as provided in Sections 4(a), 4(b), 4(d) or 4(f) of the New Employment Agreement, the Options shall be vested at such termination provided Employee (or, if deceased, her estate's legal representative) signs a general release of claims in a form provided by the Company which shall be substantially similar to Exhibit F of the New Employment Agreement. Subject to the execution of the aforementioned release, in the event of termination due to Section 4(b) of the New Employment Agreement, Employee's estate or Beneficiaries, as the case may be, shall be entitled to exercise all Options held by Employee at the time of her death for the balance of their term. To the extent Employee does not purchase all or any part of the Common Shares under the Options exercisable and to which Employee is entitled, Employee has the right cumulatively thereafter to purchase any Common Shares not so purchased and such right shall continue until the Option terminates or expires. Fractional Common Share interests shall be disregarded, but may be cumulated. No fewer than 50 Common Shares may be purchased at any one time, unless the number purchased is the total number at the time available for purchase under the Option.

Exercisability of Options. The Options shall vest as follows: (i) one million one hundred eleven thousand one hundred twelve eleven (111,1121,111,111) Options shall vest on the Grant Date, (ii) one million one hundred eleven thousand one hundred eleven (111,1111,111,111) Options shall vest on the first anniversary of the Grant Date, and (iii) one million one hundred eleven thousand one hundred eleven (111,1111,111,111) Options shall vest on the second anniversary of the Grant Date; provided, however, that no Options shall vest after any (i) termination of Employee's employment pursuant to Section 4(c) or Section 4(g) of the New Employment Agreement Agreement, or (ii) occurrence of any Breach Event which (if capable of cure) has not (together with all effects thereof) been fully cured by Employee within the Breach Cure Period; provided, furtherhowever, that no Options shall vest during any Breach Cure Period (but if all Breach Events are cured during the corresponding Breach Cure Periods, any unvested Options scheduled to vest during such Breach Cure Periods shall be deemed to have vested as of the scheduled vesting date); provided, further, no Options shall vest during any For Cause Determination Period (but, in the event that the Company Board determines no termination for Cause has occurred or Employee is successful in challenging any purported termination under Section 4(c) of the New Employment Agreement, any Options scheduled to vest during such For Cause Determination Period shall be deemed to have vested as of the scheduled vesting date); and provided, further, and subject to the foregoing paragraphs, that if Employee's employment under the New Employment Agreement terminates as provided in Sections 4(a), 4(b), 4(d) or 4(f) of the New Employment Agreement, the Options shall be vested at such termination provided Employee (or, if deceased, her his estate's legal representative) signs a general release of claims in a form provided by the Company which shall be substantially similar to Exhibit F of the New Employment Agreement. Subject to the execution of the aforementioned release, in the event of termination due to Section 4(b) of the New Employment Agreement, Employee's estate or Beneficiaries, as the case may be, shall be entitled to exercise all Options held by Employee at the time of her his death for the balance of their term. To the extent Employee does not purchase all or any part of the Common Shares under the Options exercisable and to which Employee is entitled, Employee has the right cumulatively thereafter to purchase any Common Shares not so purchased and such right shall continue until the Option terminates or expires. Fractional Common Share interests shall be disregarded, but may be cumulated. No fewer than 50 Common Shares may be purchased at any one time, unless the number purchased is the total number at the time available for purchase under the Option.

Exercisability of Options. The Options shall vest as follows: (i) one three hundred eleven seventy five thousand one five hundred twelve two (111,112375,502) Options shall vest on the Grant Date, (ii) three hundred seventy five thousand five hundred one hundred eleven thousand one hundred eleven (111,111375,501) Options shall vest on the first anniversary of the Grant Date, and (iii) three hundred seventy five thousand five hundred one hundred eleven thousand one hundred eleven (111,111375,501) Options shall vest on the second anniversary of the Grant Date; provided, however, that no Options shall vest after any (i) termination of Employee's employment pursuant to Section 4(c) or Section 4(g) of the New Employment Agreement Agreement, or (ii) occurrence of any Breach Event which (if capable of cure) has not (together with all effects thereof) been fully cured by Employee within the Breach Cure Period; provided, further, that no Options shall vest during any Breach Cure Period (but if all Breach Events are cured during the corresponding Breach Cure Periods, any unvested Options scheduled to vest during such Breach Cure Periods shall be deemed to have vested as of the scheduled vesting date); provided, further, no Options shall vest during any For Cause Determination Period (but, in the event that the Company Board determines no termination for Cause has occurred or Employee is successful in challenging any purported termination under Section 4(c) of the New Employment Agreement, any Options scheduled to vest during such For Cause Determination Period shall be deemed to have vested as of the scheduled vesting date); and provided, further, and subject to the foregoing paragraphs, that if Employee's employment under the New Employment Agreement terminates as provided in Sections 4(a), 4(b), 4(d) or 4(f) of the New Employment Agreement, the Options shall be vested at such termination provided Employee (or, if deceased, her estate's legal representative) signs a general release of claims in a form provided by the Company which shall be substantially similar to Exhibit F E of the New Employment Termination Agreement. Subject to the execution of the aforementioned release, in the event of termination due to Section 4(b) of the New Employment Agreement, Employee's estate or Beneficiaries, as the case may be, shall be entitled to exercise all Options held by Employee at the time of her death for the balance of their term. To the extent Employee does not purchase all or any part of the Common Shares under the Options exercisable and to which Employee is entitled, Employee has the right cumulatively thereafter to purchase any Common Shares not so purchased and such right shall continue until the Option terminates or expires. Fractional Common Share interests shall be disregarded, but may be cumulated. No fewer than 50 Common Shares may be purchased at any one time, unless the number purchased is the total number at the time available for purchase under the Option.