Exercise Period of Option. Provided Participant continues to ------------------------- provide services to the Company or any Subsidiary or Parent of the Company or to Micron Technology, the Option will become vested and exercisable as to portions of the Shares as follows: (i) this Plan I MEI Optionee NOG Option shall not vest nor be exercisable with respect to any of the Shares until the First Vesting Date set forth on the first page of this Agreement (the "First Vesting Date") (ii) on the First Vesting Date the Option will become vested and exercisable as to twenty-five percent (25%) of the Shares; and (iii) thereafter at the end of each full succeeding month the Option will become vested and exercisable as to 2.08333% of the Shares until the Shares are vested with respect to one hundred percent (100%) of the Shares. Notwithstanding the foregoing, upon the issuance to the public of shares of Common Stock pursuant to a Form S-1 Registration Statement under the Securities Act of 1933, as amended (the "IPO"), the Option will become vested and exercisable as to fifty percent (50%) of the Shares and the remaining fifty percent (50%) of the Shares shall become vested and exercisable on the first anniversary of such IPO. If application of the vesting percentage causes a fractional share, such share shall be rounded down to the nearest whole share for each month except for the last month in such vesting period, at the end of which last month this Option shall become exercisable for the full remainder of the Shares. Subject to earlier termination of the Option as provided herein, this Option may not be exercised prior to the earlier of (i) an IPO or (ii) five (5) years from the date such Option is granted; provided that any Option granted to a resident of California who is not an officer or director of the Company shall become exercisable at the rate of no less than twenty percent (20%) per year over five (5) years from the date such Option is granted.
Appears in 1 contract
Samples: Micron Electronics Inc
Exercise Period of Option. Provided Participant continues to ------------------------- provide services to the Company or any Subsidiary or Parent of the Company or to Micron Technologyas Chief Executive Officer, except as otherwise provided in this Section 2.1, the Option will become vested and exercisable as to portions of the Shares as follows: (i) this Plan I MEI Optionee NOG Option shall not vest nor be exercisable with respect to any of the Shares until the First Vesting Date set forth on the first page of this Agreement (the "First Vesting Date") (ii) on the First Vesting Date the Option will become vested and exercisable as to twenty-five percent nine hundred thousand (25%900,000) of the Shares; and (iii) thereafter at on the end first day of each full of the succeeding month thirty six (36) months the Option will become vested and exercisable as to 2.08333% twenty five thousand (25,000) of the Shares until the Shares are vested with respect to one hundred percent (100%) of the Shares. Notwithstanding However, in the foregoingevent of Participant's Resignation for Good Reason or termination without Cause, upon in either case prior to December 22, 2001, the issuance to Option will vest as follows: nine hundred thousand (900,000) Shares of the public Option shall become immediately vested and exercisable, in lieu of shares any other vesting set forth in this Agreement. In the event of Common Stock pursuant to Participant's Resignation for Good Reason or termination without Cause within twelve months following a Form S-1 Registration Statement under Corporate Transaction, one hundred percent (100%) of the Securities Act Unvested Shares of 1933, as amended (the "IPO"), the Option will become vested and exercisable as to fifty percent (50%) of the Shares and the remaining fifty percent (50%) of the Shares shall become vested and exercisable on the first anniversary of such IPOexercisable. If application of the vesting percentage causes a fractional share, such share shall be rounded down to the nearest whole share for each month except for the last month in such vesting period, at the end of which last month this Option shall become exercisable for the full remainder of the Shares. Subject to earlier termination of the Option as provided herein, this Option may not be exercised prior to the earlier of (i) an IPO issue to the public of shares of Common Stock ("IPO") pursuant to a Form S-1 Registration Statement under the Securities Act of 1933, as amended (the "Act"), (ii) the registration under the Act of any substituted stock underlying the Option or (iiiii) five (5) years from the date such Option is granted; provided that any Option granted to a resident of California who is not an officer or director of the Company shall become exercisable at the rate of no less than twenty percent (20%) per year over five (5) years from the date such Option is granted.
Appears in 1 contract
Samples: Micron Electronics Inc
Exercise Period of Option. Provided Participant continues to This Option shall become exercisable ------------------------- provide services to the Company or any Subsidiary or Parent of the Company or to Micron Technology, the Option will become vested and exercisable as to portions of the Shares as follows: (ia) this Plan I MEI Optionee NOG This Option shall not vest nor be exercisable with respect to any of the Shares until the First expiration of six (6) months from the Vesting Commencement Date set forth on the first page of this Agreement or September 10, 1998 (the "First ----- Vesting Date"); (b) if Optionee has been continuously employed by the Company ------------ (iias defined below) at all times during the time period beginning on the Vesting Commencement Date set forth above and ending on the First Vesting Date, then on the First Vesting Date the this Option will shall become vested and exercisable as to twenty-five twelve percent (2512%) of the Shares; and (iiic) thereafter at the end of each full succeeding month the this Option will shall become vested and exercisable as to 2.08333% of the Shares until the Shares are vested with respect to one hundred an additional two percent (100%) of the Shares. Notwithstanding the foregoing, upon the issuance to the public of shares of Common Stock pursuant to a Form S-1 Registration Statement under the Securities Act of 1933, as amended (the "IPO"), the Option will become vested and exercisable as to fifty percent (502%) of the Shares and upon the remaining fifty percent expiration of each full calendar month for the next succeeding forty-four (50%44) months provided that Optionee has remained continuously employed by the Company at all times during the relevant month; provided that Optionee shall in no event be entitled under -------- this Option to purchase a number of shares of the Shares shall become vested and exercisable on Company's common stock greater than the first anniversary of such IPO"Total Option Shares" indicated above. If application of the vesting percentage causes a fractional share, such share shall be rounded down Notwithstanding anything herein to the nearest whole share for each month except for the last month in such vesting periodcontrary, at the end of which last month this Option shall become exercisable expire on the Expiration Date set forth above and must be exercised, if at all, on or before the Expiration Date. For purposes of this Section 2.1, Optionee shall be deemed to be continuously employed by the Company for so long as Optionee renders services as the full remainder of the Shares. Subject to earlier termination of the Option as provided herein, this Option may not be exercised prior to the earlier of (i) an IPO time President or (ii) five (5) years from the date such Option is granted; provided that any Option granted to a resident of California who is not an officer or director Chief Executive Officer of the Company shall become exercisable at (or such other position as determined by the rate Board of no less than twenty percent (20%) per year over five (5) years from Directors of the date such Option is grantedCompany).
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Exodus Communications Inc)
Exercise Period of Option. Provided Participant continues to ------------------------- provide services to the Company or any Subsidiary or Parent of the Company or to Micron Technology, the Option will become vested and exercisable as to portions of the Shares as follows: (i) this Plan I MEI II HostPro Optionee NOG Option shall not vest nor be exercisable with respect to any of the Shares until the First Vesting Date set forth on the first page of this Agreement (the "First Vesting Date") (ii) on the First Vesting Date the Option will become vested and exercisable as to twenty-five percent (25%) of the Shares; and (iii) thereafter at the end of each full succeeding month the Option will become vested and exercisable as to 2.08333% of the Shares until the Shares are vested with respect to one hundred percent (100%) of the Shares. Notwithstanding the foregoing, upon the issuance to the public of shares of Common Stock pursuant to a Form S-1 Registration Statement under the Securities Act of 1933, as amended (the "IPO"), the Option will become vested and exercisable as to fifty percent (50%) of the Shares and the remaining fifty percent (50%) of the Shares shall become vested and exercisable on the first anniversary of such IPO. If application of the vesting percentage causes a fractional share, such share shall be rounded down to the nearest whole share for each month except for the last month in such vesting period, at the end of which last month this Option shall become exercisable for the full remainder of the Shares. Subject to earlier termination of the Option as provided herein, this Option may not be exercised prior to the earlier of (i) an IPO issue to the public of shares of Common Stock pursuant to a Form S-1 Registration Statement under the Securities Act of 1933, as amended (the "IPO") or (ii) five (5) years from the date such Option is granted; provided that any Option granted to a resident of California who is not an officer or director of the Company shall become exercisable at the rate of no less than twenty percent (20%) per year over five (5) years from the date such Option is granted.
Appears in 1 contract
Samples: Micron Electronics Inc