Common use of Exercise Period Upon Termination of Employment Clause in Contracts

Exercise Period Upon Termination of Employment. If the Optionee ceases to be employed by the Company for any reason, then, except as provided in paragraphs (e) and (f) below, the right to exercise this option shall terminate one year after such cessation (but in no event after the Expiration Date), PROVIDED THAT this option shall be exercisable only to the extent that the Optionee was entitled to exercise this option on the date of such cessation, and PROVIDED, FURTHER, that if such exercise is subsequent to the period of three months after such cessation, this option shall be treated as a non-statutory option which does not meet the requirements of Section 422 of the Code. The Company's obligation to deliver shares upon the exercise of this option shall be subject to the satisfaction of all applicable federal, state and local income and employment tax withholding requirements, arising by reason of this option being treated as a non-statutory option or otherwise. Notwithstanding the foregoing, if the Optionee, prior to the Expiration Date, materially violates the non-competition or confidentiality provisions of any employment contract, confidentiality and nondisclosure agreement or other agreement between the Optionee and the Company, the right to exercise this option shall terminate immediately upon written notice to the Optionee from the Company describing such violation.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Baycorp Holdings LTD), Incentive Stock Option Agreement (Baycorp Holdings LTD)

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Exercise Period Upon Termination of Employment. If the Optionee ceases to be employed by the Company for any reason, then, except as provided in paragraphs (e) and (f) below, the right to exercise this option shall terminate one year after such cessation (but in no event after the Expiration Date), PROVIDED THAT provided that this option shall be exercisable only to the extent that the Optionee was entitled to exercise this option on the date of such cessation, and PROVIDEDprovided, FURTHERfurther, that if such exercise is subsequent to the period of three months after such cessation, this option shall be treated as a non-statutory option which does not meet the requirements of Section 422 of the Code. The Company's obligation to deliver shares upon the exercise of this option shall be subject to the satisfaction of all applicable federal, state and local income and employment tax withholding requirements, arising by reason of this option being treated as a non-statutory option or otherwise. Notwithstanding the foregoing, if the Optionee, prior to the Expiration Date, materially violates the non-competition or confidentiality provisions of any employment contract, confidentiality and nondisclosure agreement or other agreement between the Optionee and the Company, the right to exercise this option shall terminate immediately upon written notice to the Optionee from the Company describing such violation.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Baycorp Holdings LTD), Incentive Stock Option Agreement (Baycorp Holdings LTD)

Exercise Period Upon Termination of Employment. If the Optionee ceases to be employed by the Company for any reason, then, except as provided in paragraphs (e) and (f) below, the right to exercise this option shall terminate one year after such cessation (but in no event after the Expiration Date), PROVIDED THAT this option shall be exercisable only to the extent that the Optionee was entitled to exercise this option on the date of such cessation, except as provided in Section 3(a) above with respect to Contingent Options, and PROVIDED, FURTHER, that if such exercise is subsequent to the period of three months after such cessation, this option shall be treated as a non-statutory option which does not meet the requirements of Section 422 of the Code. The Company's obligation to deliver shares upon the exercise of this option shall be subject to the Optionee's satisfaction of all applicable federal, state and local income and employment tax withholding requirements, arising by reason of this option being treated as a non-statutory option or otherwise. Notwithstanding the foregoing, if the Optionee, prior to the Expiration Date, materially violates the non-competition or confidentiality provisions of any employment contract, confidentiality and nondisclosure agreement or other agreement between the Optionee and the Company, the right to exercise this option shall terminate immediately upon written notice to the Optionee from the Company describing such violation.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Baycorp Holdings LTD)

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Exercise Period Upon Termination of Employment. If the Optionee ceases to be employed by the Company for any reason, then, except as provided in paragraphs (e) and (f) below, the right to exercise this option shall terminate one year after such cessation (but in no event after the Expiration Date), PROVIDED provided THAT this option shall be exercisable only to the extent that the Optionee was entitled to exercise this option on the date of such cessation, and PROVIDEDprovided, FURTHERfurther, that if such exercise is subsequent to the period of three months after such cessation, this option shall be treated as a non-statutory option which does not meet the requirements of Section 422 of the Code. The Company's obligation to deliver shares upon the exercise of this option shall be subject to the satisfaction of all applicable federal, state and local income and employment tax withholding requirements, arising by reason of this option being treated as a non-statutory option or otherwise. Notwithstanding the foregoing, if the Optionee, prior to the Expiration Date, materially violates the non-competition or confidentiality provisions of any employment contract, confidentiality and nondisclosure agreement or other agreement between the Optionee and the Company, the right to exercise this option shall terminate immediately upon written notice to the Optionee from the Company describing such violation.

Appears in 1 contract

Samples: Non Statutory Stock Option Agreement (Baycorp Holdings LTD)

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