Common use of Exercise of NSO Clause in Contracts

Exercise of NSO. There may be a regular federal income tax liability upon the exercise of an NSO. The Optionee will be treated as having received compensation income (taxable at ordinary income tax rates) equal to the excess, if any, of the Fair Market Value of the Exercised Shares on the date of exercise over the Exercise Price. If Optionee is an Employee or a former Employee, the Company will be required to withhold from Optionee’s compensation or collect from Optionee and pay to the applicable taxing authorities an amount in cash equal to a percentage of this compensation income at the time of exercise, and may refuse to honor the exercise and refuse to deliver Shares if such withholding amounts are not delivered at the time of exercise.

Appears in 17 contracts

Samples: Stock Option Agreement (Ener-Core Inc.), Stock Option Agreement (Ener-Core Inc.), Stock Option Agreement (Ener-Core Inc.)

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Exercise of NSO. There may be a regular federal income tax liability and state income tax liability upon the exercise of an a NSO. The Optionee will be treated as having received compensation income (taxable at ordinary income tax rates) equal to the excess, if any, of the Fair Market Value of the Exercised Shares on the date of exercise over the Exercise Price. If Optionee is an Employee or a former Employee, the Company will be required to withhold from Optionee’s compensation or collect from Optionee and pay to the applicable taxing authorities an amount in cash equal to a percentage of this compensation income at the time of exercise, and may refuse to honor the exercise and refuse to deliver Shares if such withholding amounts are not delivered at the time of exercise.

Appears in 12 contracts

Samples: Employee Stock Option Agreement (Autobytel Inc), Employee Stock Option Agreement (Autobytel Inc), Employee Stock Option Agreement (Autobytel Inc)

Exercise of NSO. There may be a regular federal income tax liability and state income tax liability upon the exercise of an a NSO. The Optionee will be treated as having received compensation income (taxable at ordinary income tax rates) equal to the excess, if any, of the Fair Market Value of the Exercised Shares on the date of exercise over the Exercise Price. If Optionee is an Employee or a former Employee, the Company will be required to withhold from Optionee’s 's compensation or collect from Optionee and pay to the applicable taxing authorities an amount in cash equal to a percentage of this compensation income at the time of exercise, and may refuse to honor the exercise and refuse to deliver Shares if such withholding amounts are not delivered at the time of exercise.

Appears in 6 contracts

Samples: Employee Stock Option Agreement (Autobytel Inc), Employee Stock Option Agreement (Autobytel Inc), Option Agreement (Autobytel Inc)

Exercise of NSO. There may be a regular federal income tax liability upon the exercise of an NSO. The Optionee will may be treated as having received compensation income (taxable at ordinary income tax rates) equal to the excess, if any, of the Fair Market Value of the Exercised Shares on the date of exercise over the Exercise Price. If Optionee is an Employee employee or a former Employeeemployee of the Company, the Company will may be required to withhold from Optionee’s compensation or collect from Optionee and pay to the applicable taxing authorities an amount in cash equal to a percentage of this compensation income at the time of exercise, and may refuse to honor the exercise and refuse to deliver Shares if such withholding amounts are not delivered at the time of exercise.

Appears in 5 contracts

Samples: Stock Option Agreement (Engenavis, Inc.), Stock Option Agreement (Engenavis, Inc.), Stock Option Agreement (Engenavis, Inc.)

Exercise of NSO. There may be a regular federal income tax liability upon the exercise of an NSO. The Optionee will be treated as having received compensation income (taxable at ordinary income tax rates) equal to the excess, if any, of the Fair Market Value of the Exercised Shares on the date of exercise over the Exercise Price. If Optionee is an Employee or a former Employee, the Company will be required to withhold from Optionee’s compensation or collect from Optionee and pay to the applicable taxing authorities an amount in cash equal to a percentage of this compensation income at the time of exercise, and may refuse to honor the exercise and refuse to deliver Shares if such withholding amounts are not delivered at the time of exercise.

Appears in 3 contracts

Samples: Stock Option Agreement (China Energy Ventures Corp), Stock Option Agreement (China Energy Ventures Corp), Stock Option Agreement (Comscore, Inc.)

Exercise of NSO. There The exercise of an NSO may be a regular subject to U.S. federal income tax liability upon the exercise of an NSO. The Optionee will be treated as having received compensation income (taxable at ordinary income tax rates) equal to upon the excess, if any, of the Fair Market Value of the Exercised Shares on the date of exercise over the Exercise Purchase Price. If Optionee is an Employee or a former Employee, the Company will be required to withhold from Optionee’s 's compensation or collect from Optionee and pay to the applicable taxing authorities an amount in cash equal to a percentage of this compensation income at the time of exercise, and may refuse to honor the exercise and refuse to deliver Shares if such withholding amounts are not delivered at the time of exercise.

Appears in 2 contracts

Samples: Option Agreement (Suspect Detection Systems, Inc.), Option Agreement (Suspect Detection Systems, Inc.)

Exercise of NSO. There may be a regular federal income tax liability upon the exercise of an NSO. The Optionee will be treated as having received compensation income (taxable at ordinary income tax rates) equal to the excess, if any, of the Fair Market Value of the Exercised Shares on the date of exercise over the Exercise Price. If the Optionee is an Employee or a former Employee, the Company will be required to withhold from the Optionee’s 's compensation or collect from Optionee and pay to the applicable taxing authorities an amount in cash equal to a percentage of this compensation income at the time of exercise, and may refuse to honor the exercise and refuse to deliver Shares if such withholding amounts are not delivered at the time of exercise.

Appears in 2 contracts

Samples: Stock Option Agreement (Raptor Networks Technology Inc), Stock Option Agreement (Zland Com Inc)

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Exercise of NSO. There may be a regular federal income tax liability upon the exercise of an NSO. The Optionee will be treated as having received compensation income (taxable at ordinary income tax rates) equal to the excess, if any, of the Fair Market Value of the Exercised Shares on the date of exercise over the Exercise Price. If the Optionee is an Employee or a former Employee, the Company will be required to withhold from Optionee’s 's compensation or collect from Optionee and pay to the applicable taxing authorities an amount in cash equal to a percentage of this compensation income at the time of exercise, and may refuse to honor the exercise and refuse to deliver Shares if such withholding amounts are not delivered at the time of exercise.

Appears in 2 contracts

Samples: Stock Option Agreement (Modem Media Inc), Stock Option Agreement (Modem Media Inc)

Exercise of NSO. There may be a regular federal income tax liability upon the exercise of an NSO. The Optionee will be treated as having received compensation income (taxable at ordinary income tax rates) equal to the excess, if any, of the Fair Market Value of the Exercised Shares on the date of exercise over the Exercise Price. If Optionee is an Employee or a former Employee, the Company will be required to withhold from the Optionee’s 's compensation or collect from Optionee and pay to the applicable taxing authorities an amount in cash equal to a percentage of this compensation income at the time of exercise, and may refuse to honor the exercise and refuse to deliver Shares if such withholding amounts are not delivered at the time of exercise.

Appears in 1 contract

Samples: Stock Option Grant Agreement (Backweb Technologies LTD)

Exercise of NSO. There may be a regular federal income tax --------------- liability upon the exercise of an NSO. The Optionee will be treated as having received compensation income (taxable at ordinary income tax rates) equal to the excess, if any, of the Fair Market Value of the Exercised Shares on the date of exercise over the Exercise Price. If the Optionee is an Employee or a former Employee, the Company will be required to withhold from Optionee’s 's compensation or collect from Optionee and pay to the applicable taxing authorities an amount in cash equal to a percentage of this compensation income at the time of exercise, and may refuse to honor the exercise and refuse to deliver Shares if such withholding amounts are not delivered at the time of exercise.

Appears in 1 contract

Samples: Stock Option Agreement (Modem Media Inc)

Exercise of NSO. There may be a regular federal income tax liability upon the exercise of an NSO. The Optionee will be treated as having received compensation income (taxable at ordinary income tax rates) equal to the excess, if any, of the Fair Market Value of the Exercised Shares on the date of exercise over the Exercise Price. If Optionee is an Employee or a former Employee, the Company will be required to withhold from Optionee’s 's compensation or collect from Optionee and pay to the applicable taxing authorities an amount in cash equal to a percentage of this compensation income at the time of exercise, and may refuse to honor the tire exercise and refuse to deliver Shares if such withholding amounts are not delivered at the time of exercise.

Appears in 1 contract

Samples: Stock Option Agreement (Soko Fitness & Spa Group, Inc.)

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