Exercise Period Upon Death or Disability. If the Key Employee dies or becomes disabled (with the meaning of Section 22(e)(3) of the Code or any successor provision thereto) prior to the Expiration Date while he or she is an employee of the company, or if the Key Employee dies within three months after the Key Employee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Key Employee (but in no event after the Expiration Date), by the Key Employee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Key Employee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Key Employee", as used in this option, shall be deemed to include the estate of the Key Employee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Key Employee.
Appears in 5 contracts
Samples: Incentive Stock Option Agreement (Alpha Pro Tech LTD), Incentive Stock Option Agreement (Alpha Pro Tech LTD), Incentive Stock Option Agreement (Alpha Pro Tech LTD)
Exercise Period Upon Death or Disability. If the Key Employee Optionee dies or ---------------------------------------- becomes disabled (with within the meaning of Section 22(e)(322 (e) (3) of the Code or any successor provision theretoCode) prior to the Expiration Date while he or she is an employee of the companyEligible Employee, or if the Key Employee Optionee dies within three months after the Key Employee Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge termination of such relationship by the Company for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Key Employee Optionee (but in no event after whether or not such exercise occurs before the Expiration Date), by the Key Employee Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this ------------- option shall be exercisable only to the extent that this option was exercisable by the Key Employee Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Key EmployeeOptionee", as used in this option, shall be deemed to include the estate of the Key Employee Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Key EmployeeOptionee.
Appears in 4 contracts
Samples: Incorporated Non Qualified Stock Option Agreement (Banyan Systems Inc), Incorporated 1992 Stock Incentive Plan Non Statutory Stock Option Agreement (Banyan Systems Inc), Stock Option Agreement (Banyan Systems Inc)
Exercise Period Upon Death or Disability. If the Key Employee Optionee dies or becomes disabled (with within the meaning of Section 22(e)(3) of the Code or any successor provision theretoCode) prior to the Expiration Date while he or she is an employee of the companyEligible Optionee, or if the Key Employee Optionee dies within three months after the Key Employee Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge termination of such relationship by the Company for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year 12 months following the date of death or disability of the Key Employee Optionee (but in no event after whether or not such exercise occurs before the Expiration Date), by the Key Employee Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided PROVIDE that this option shall be exercisable only to the extent that this option was exercisable by the Key Employee Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Key EmployeeOptionee", as used in this option, shall be deemed to include the estate of the Key Employee Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Key EmployeeOptionee.
Appears in 3 contracts
Samples: Non Statutory (Baycorp Holdings LTD), Non Statutory (Baycorp Holdings LTD), Non Statutory (Baycorp Holdings LTD)
Exercise Period Upon Death or Disability. If the Key Employee dies or becomes disabled (with within the meaning of Section 22(e)(3) of the Code or any successor provision theretoCode) prior to the Expiration Date while he or she is an employee of the companyCompany, or if the Key Employee dies within three (3) months after the Key date on which the Employee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph Paragraph (f) below), this option shall be exercisable, exercisable within the period of one (1) year following the date of death or disability of the Key Employee (but in no event after the Expiration Date), by the Key Employee or by the person to whom this option is transferred by will or the laws of descent and distribution; provided, provided however, that this option shall be exercisable only to the extent that this option was exercisable by the Key Employee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Key Employee", as used in this optionAgreement, shall be deemed to include the estate of the Key Employee Employee, the Employee's personal representative, or any other person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Key Employee or by reason of the Employee's incapacity.
Appears in 3 contracts
Samples: Incentive Stock Option Agreement (Webhire Inc), Incentive Stock Option Agreement (Webhire Inc), Incentive Stock Option Agreement (Intuit Inc)
Exercise Period Upon Death or Disability. If the Key Employee Optionee dies or becomes disabled (with within the meaning of Section 22(e)(3) of the Code or any successor provision theretoCode) prior to the final Installment Expiration Date while he or she is an employee of the companyEligible Optionee, or if the Key Employee Optionee dies within three months after the Key Employee Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge termination of such relationship by the Company for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Key Employee Optionee (but in no event after whether or not such exercise occurs before the final Installment Expiration Date), by the Key Employee Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Key Employee Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Key Employee", Optionee," as used in this option, shall be deemed to include the estate of the Key Employee Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Key EmployeeOptionee.
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Exercise Period Upon Death or Disability. If the Key Employee Optionee ----------------------------------------- dies or becomes disabled (with within the meaning of Section 22(e)(322 (e) (3) of the Code or any successor provision theretoCode) prior to the Expiration Date while he or she is an employee of the companyEligible Employee, or if the Key Employee Optionee dies within three months after the Key Employee Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge termination of such relationship by the Company for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Key Employee Optionee (but in no event after whether or not such exercise occurs before the Expiration Date), by the Key Employee Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this ------------- option shall be exercisable only to the extent that this option was exercisable by the Key Employee Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Key EmployeeOptionee", as used in this option, shall be deemed to include the estate of the Key Employee Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Key EmployeeOptionee.
Appears in 1 contract
Samples: Non Statutory Stock Option Agreement (Epresence Inc)
Exercise Period Upon Death or Disability. If the Key Employee Optionee dies or becomes disabled (with within the meaning of Section 22(e)(3) of the Code or any successor provision theretoCode) prior to the Option Expiration Date while he or she is an employee of the companyEligible Optionee, or if the Key Employee Optionee dies within three (3) months after the Key Employee Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge termination of such relationship by the Company for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one (1) year following the date of death or disability death, and within the period of one (1) year following the disability, of the Key Employee Optionee (but in no event after whether or not such exercise occurs before the applicable Expiration Date), by the Key Employee Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Key Employee Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Key EmployeeOptionee", as used in this option, shall be deemed to include the estate of the Key Employee Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Key EmployeeOptionee.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Capricor Therapeutics, Inc.)
Exercise Period Upon Death or Disability. If the Key Employee Optionee dies or ---------------------------------------- becomes disabled (with within the meaning of Section 22(e)(3) of the Code or any successor provision theretoCode) prior to the Expiration Date while he or she is an employee of the companyEligible Employee, or if the Key Employee Optionee dies within three months 90 days after the Key Employee Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge termination of such relationship by the Company for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Key Employee Optionee (but in no event after whether or not such exercise occurs before the Expiration Date), by the Key Employee Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Key Employee Optionee on the date of his or her death or disabilitycessation of employment with the Company. Except as otherwise indicated by the context, the term "Key EmployeeOptionee", as used in this option, shall be deemed to include the estate of the Key Employee Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Key EmployeeOptionee.
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Exercise Period Upon Death or Disability. If the Key Employee Optionee dies or becomes disabled (with within the meaning of Section 22(e)(3) of the Code or any successor provision theretoCode) prior to the Expiration Date while he or she is an employee of the companyEligible Optionee, or if the Key Employee Optionee dies within three months after the Key Employee Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge termination of such relationship by the Company for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year 12 months following the date of death or disability of the Key Employee Optionee (but in no event after whether or not such exercise occurs before the Expiration Date), by the Key Employee Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that PROVIDED THAT this option shall be exercisable only to the extent that this option was exercisable by the Key Employee Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Key EmployeeOptionee", as used in this option, shall be deemed to include the estate of the Key Employee Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Key EmployeeOptionee.
Appears in 1 contract
Samples: Non Statutory (Baycorp Holdings LTD)
Exercise Period Upon Death or Disability. If the Key Employee dies or becomes disabled (with within the meaning of Section 22(e)(3) of the Code or any successor provision theretoCode) prior to the Expiration Date while he or she is an employee of the companyCompany, or if the Key Employee dies within three (3) months after the Key date on which the Employee ceases to be an employee of the Company [(other than as the result of a discharge for "cause" as specified in paragraph Paragraph (f) below)], this option shall be exercisable, exercisable within the period of one (1) year following the date of death or disability of the Key Employee (but in no event after the Expiration Date), by the Key Employee or by the person to whom this option is transferred by will or the laws of descent and distribution; provided, provided however, that this option shall be exercisable only to the extent that this option was exercisable by the Key Employee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Key Employee", as used in this optionAgreement, shall be deemed to include the estate of the Key Employee Employee, the Employee's personal representative, or any other person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Key Employee or by reason of the Employee's incapacity.
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Exercise Period Upon Death or Disability. If the Key Employee Optionee dies or becomes disabled (with within the meaning of Section 22(e)(3) of the Code or any successor provision theretoCode) prior to the Expiration Date while he or she is an employee of the companyEligible Optionee, or if the Key Employee Optionee dies within three months after the Key Employee Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge termination of such relationship by the Company for "cause" ", as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Key Employee Optionee (but in no event after whether or not such exercise occurs before the Expiration Date), by the Key Employee Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that PROVIDED THAT this option shall be exercisable only to the extent that this option was exercisable by the Key Employee Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Key EmployeeOptionee", as used in this option, shall be deemed to include the estate of the Key Employee Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Key EmployeeOptionee.
Appears in 1 contract
Samples: Non Statutory Stock Option Agreement (Versicor Inc /Ca)
Exercise Period Upon Death or Disability. If the Key Employee Optionee dies or becomes disabled (with within the meaning of Section 22(e)(3) of the Code or any successor provision theretoCode) prior to the Expiration Date while he or she is an employee of the companyEligible Optionee, or if the Key Employee Optionee dies within three months after the Key Employee Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge termination of such relationship by the Company for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year twelve months following the date of death or disability of the Key Employee Optionee (but in no event after whether or not such exercise occurs before the Expiration Date), by the Key Employee Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that PROVIDED THAT this option shall be exercisable only to the extent that this option was exercisable by the Key Employee Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Key EmployeeOptionee", as used in this option, shall be deemed to include the estate of the Key Employee Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Key EmployeeOptionee.
Appears in 1 contract
Samples: Casella Waste Systems Inc
Exercise Period Upon Death or Disability. If the Key Employee Optionee dies or becomes disabled (with within the meaning of Section 22(e)(3) of the Code or any successor provision theretoCode) prior to the final Installment Expiration Date while he or she is an employee of the companyEligible Optionee, or if the Key Employee Optionee dies within three months after the Key Employee Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge termination of such relationship by the Company for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Key Employee Optionee (but in no event after whether or not such exercise occurs before the final Installment Expiration Date), by the Key Employee Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that PROVIDED THAT this option shall be exercisable only to the extent that this option was exercisable by the Key Employee Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Key EmployeeOptionee", as used in this option, shall be deemed to include the estate of the Key Employee Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Key EmployeeOptionee.
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Exercise Period Upon Death or Disability. If the Key Employee Optionee dies or becomes disabled (with within the meaning of Section 22(e)(3) of the Code or any successor provision theretoCode) prior to the Option Expiration Date while he or she is an employee of the companyEligible Optionee, or if the Key Employee Optionee dies within three months after the Key Employee Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge termination of such relationship by the Company for "“cause" ” as specified in paragraph (f) below), this option shall be exercisable, within the period of three months following the date of death, and within the period of one year following the date of death or disability disability, of the Key Employee Optionee (but in no event after whether or not such exercise occurs before the applicable Expiration Date), by the Key Employee Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Key Employee Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Key Employee"teen “Optionee”, as used in this option, shall be deemed to include the estate of the Key Employee Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Key EmployeeOptionee.
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