Common use of Exercise Following Death or Disability Clause in Contracts

Exercise Following Death or Disability. If the Optionee's service with the Company terminates by reason of the Optionee's death or disability (as defined below), the Option (to the extent it has not previously been exercised and is then exercisable) may be exercised within one year after the date of the Optionee's death or termination by reason of disability. In the case of death, the exercise may be made by his or her representative or by the person entitled thereto under the Optionee's will or the laws of descent and distribution, provided however, that such representative or such person consents in writing to abide by and be subject to the terms of this Agreement and such writing is delivered to the Chief Financial Officer of the Company. For purposes hereof, “disability” shall mean a medically determinable physical or mental impairment which has made an individual incapable of engaging in any substantial gainful activity. A condition shall be considered a disability only if (i) it can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than twelve (12) months, and (ii) the Committee, based on medical evidence, has expressly determined that a disability exists.

Appears in 2 contracts

Samples: Stock Option Award Agreement (Semtech Corp), Stock Option Award Agreement (Semtech Corp)

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Exercise Following Death or Disability. If the Optionee's ’s service with the Company terminates by reason of the Optionee's ’s death or disability (as defined below), the Option (to the extent it has not previously been exercised and is then exercisable) may be exercised within one year after the date of the Optionee's ’s death or termination by reason of disability. In the case of death, the exercise may be made by his or her representative or by the person entitled thereto under the Optionee's ’s will or the laws of descent and distribution, provided however, that such representative or such person consents in writing to abide by and be subject to the terms of this Agreement and such writing is delivered to the Chief Financial Officer of the Company. For purposes hereof, “disability” shall mean a medically determinable physical or mental impairment which has made an individual incapable of engaging in any substantial gainful activity. A condition shall be considered a disability only if (i) it can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than twelve (12) months, and (ii) the CommitteeAdministrator, based on medical evidence, has expressly determined that a disability exists.

Appears in 2 contracts

Samples: Stock Option Award Agreement (Semtech Corp), Stock Option Award Agreement (Semtech Corp)

Exercise Following Death or Disability. If the Optionee's ’s service with the Company terminates by reason of the Optionee's ’s death or disability (as defined below), the Option (to the extent it has not previously been exercised and is then exercisable) may be exercised within one year after the date of the Optionee's ’s death or termination by reason of disability. In the case of death, the exercise may be made by his or her representative or by the person entitled thereto under the Optionee's ’s will or the laws of descent and distribution, provided however, that such representative or such person consents in writing to abide by and be subject to the terms of the Plan and this Agreement and such writing is delivered to the Chief Financial Officer President of the Company. For purposes hereof, “disability” shall mean a medically determinable physical or mental impairment which has made an individual incapable of engaging in any substantial gainful activity. A condition shall be considered a disability only if (i) it can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than twelve (12) months, and (ii) the CommitteePlan Administrator, based on medical evidence, has expressly determined that a disability exists.

Appears in 2 contracts

Samples: Long Term Stock Incentive Plan Award Agreement (Semtech Corp), Long Term Stock Incentive Plan Award Agreement (Semtech Corp)

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Exercise Following Death or Disability. If the Optionee's ’s service with the Company terminates by reason of the Optionee's ’s death or disability (as defined below), the Option (to the extent it has not previously been exercised and is then exercisable) may be exercised within one year after the date of the Optionee's ’s death or termination by reason of disability. In the case of death, the exercise may be made by his or her representative or by the person entitled thereto under the Optionee's ’s will or the laws of descent and distribution, provided provided, however, that such representative or such person consents in writing to abide by and be subject to the terms of the Plan and this Agreement and such writing is delivered to the Chief Financial Officer President of the Company. For purposes hereof, “disability” shall mean a medically determinable physical or mental impairment which has made an individual incapable of engaging in any substantial gainful activity. A condition shall be considered a disability only if (i) it can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than twelve (12) months, and (ii) the CommitteePlan Administrator, based on medical evidence, has expressly determined that a disability exists.

Appears in 1 contract

Samples: Award Agreement (MRV Communications Inc)

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