Common use of Exercisability of Stock Options Clause in Contracts

Exercisability of Stock Options. With respect to terminations to which this Exhibit A apply, the Parent agrees that for purposes of determining the exercisability of Executive's stock options under the Incentive Plan outstanding on the Termination Date, subject to the terms of the Incentive Plan and the option agreements thereunder, options shall remain exercisable through the fifth anniversary of the Change in Control event,, the Parent agrees to take any and all actions necessary, if any, to ensure that the Incentive Plan reflects the foregoing and the Parent agrees that each option agreement evidencing the options outstanding under the Incentive Plan shall reflect the foregoing. Nothing in this Section 3 shall be deemed to extend the expiration date of any stock option granted under the Incentive Plan past the original expiration date of such option as determined at the time of grant. EXHIBIT B GROSS-UP PAYMENT Subject to the provisions of this Exhibit B, Executive shall be eligible for the benefits described in this Exhibit B, and shall be subject to the terms of this Exhibit B, regardless of whether Executive is employed by the Company on or after the occurrence of a Change in Control and, if Executive's Termination Date shall have occurred, regardless of the reason for such termination.

Exercisability of Stock Options. With respect to terminations to which this Exhibit A apply, the Parent agrees that for purposes of determining the exercisability of Executive's stock options under the Incentive Plan outstanding on the Termination Date, subject to the terms of the Incentive Plan and the option agreements thereunder, options shall remain exercisable through the fifth anniversary of the Change in Control event,, the Parent agrees to take any and all actions necessary, if any, to ensure that the Incentive Plan reflects the foregoing and the Parent agrees that each option agreement evidencing the options outstanding under the Incentive Plan shall reflect the foregoing. Nothing in this Section 3 shall be deemed to extend the expiration date of any stock option granted under the Incentive Plan past the original expiration date of such option as determined at the time of grant. EXHIBIT B GROSS-UP PAYMENT Subject to the provisions of this Exhibit B, Executive shall be eligible for the benefits described in this Exhibit B, and shall be subject to the terms of this Exhibit B, regardless of whether Executive is employed by the Company on or after the occurrence of a Change in Control and, if Executive's Termination Date shall have occurred, regardless of the reason for such termination.

Exercisability of Stock Options. With respect to terminations to which this Exhibit A apply, the Parent agrees that (a) for purposes of determining the exercisability of Executive's ’s stock options under the Incentive Plan outstanding on the Termination Date, subject to the terms of the Incentive Plan and the option agreements thereunder, and (b) for purposes of determining the exercisability of stock options granted to Executive pursuant to his employment prior to the Effective Date by Horizon PCS (the “Horizon Options”) that are outstanding on the Termination Date, subject to the terms of the applicable plan under which the Horizon Options were granted and the option agreements thereunder, (i) all such options shall remain exercisable through the fifth anniversary of the Change in Control event,, (ii) the Parent agrees to take any and all actions necessary, if any, to ensure that the Incentive Plan reflects and, if applicable, the plan pursuant to which the Horizon Options were granted, reflect the foregoing and (iii) the Parent agrees that each option agreement evidencing the options outstanding under the Incentive Plan and the Horizon Options shall reflect the foregoing; provided, however, that such extension of the period during which the Horizon Options remain exercisable shall not be given effect if such extension would result in the Horizon Options being treated as “deferred compensation” for purposes of section 409A of the Code. Nothing in this Section 3 shall be deemed to extend the expiration date of any stock option granted under the Incentive Plan or any Horizon Option past the original expiration date of such option as determined at the time of grant. EXHIBIT B GROSS-UP PAYMENT Subject to the provisions of this Exhibit B, Executive shall be eligible for the benefits described in this Exhibit B, and shall be subject to the terms of this Exhibit B, regardless of whether Executive is employed by the Company on or after the occurrence of a Change in Control and, if Executive's Termination Date shall have occurred, regardless of the reason for such termination.