Exercise Upon Death or Disability Sample Clauses

Exercise Upon Death or Disability. (A) If the Participant dies while he is in the Service of the Corporation or of any Affiliate, and on or after the first date upon which he would have been entitled to exercise the Option under the provisions of Section 3 hereof, the Option may, subject to the provisions of Section 5 hereof, be exercised to the same extent the Participant would have been entitled under Section 3 hereof to exercise the Option immediately prior to his death, by the estate of the Participant (or by the person or persons who acquire the right to exercise the Option by written designation of the Participant) at any time within one year after the death of the Participant, at the end of which period the Option, to the extent not then exercised, shall terminate and the estate or other beneficiaries shall forfeit all rights hereunder. In no event, however, may the Option be exercised after the expiration of the term provided in Section 4 hereof. (a) In the event that the Participant incurs a Termination of Service by reason of the Disability of the Participant on or after the first date upon which he would have been entitled to exercise the Option under the provisions of Section 3 hereof, the Option may, subject to the provisions of Section 5 hereof, be exercised to the same extent the Participant would have been entitled under Section 3 hereof to exercise the Option immediately prior to his employment termination due to Disability by the Participant within the period ending one year after the date of such Termination of Service, at the end of which period the Option, to the extent not then exercised, shall terminate and the Participant shall forfeit all rights hereunder even if the Participant subsequently returns to the Service of the Corporation or any Affiliate. In no event, however, may the Option be exercised after the expiration of the term provided in Section 4 hereof.
AutoNDA by SimpleDocs
Exercise Upon Death or Disability. The terms of this Section 7 apply unless otherwise expressly provided by the terms of an Individual Agreement between the Optionee and the Company or one of its Subsidiaries or Affiliates or a plan or policy of the Company applicable to the Optionee specifically provides otherwise, and subject to the provisions of Section 5 hereof and Sections 13.4 and 13.5 of the Plan. In no event, however, may the Option be exercised after the expiration of the term provided in Section 4 hereof. (a) If the Optionee’s service as a Board member ceases as a result of Optionee’s death, the Option may be exercised (to the extent the Option is vested pursuant to Section 3 immediately prior to Optionee’s death), by the estate of the Optionee (or by the person or persons who acquire the right to exercise the Option by written designation of the Optionee) at any time within the later of: (i) twelve (12) months after such cessation of service; or (ii) that date that occurs upon the earlier of: (X) twelve (12) months following the expiration of the Lock-Up Agreement; or (Y) twelve (12) months following the release of Optionee (and the estate) from the terms of the Lock-Up Agreement, by Company’s written agreement provided to the estate of the Optionee prior to the effective date of such release, if at all, in its sole discretion, at the end of which period the Option, to the extent not then exercised, shall terminate and the estate or other beneficiaries shall forfeit all rights hereunder; provided, however, that without the consent of the Optionee’s estate, the Company cannot release the Optionee’s estate from the terms of the Lock-Up Agreement prior to twelve months following the Grant Date. (b) If the Optionee’s service as a Board member ceases as a result of Disability of the Optionee, the Option may be exercised (to the extent the Option is vested pursuant to Section 3 immediately prior to the termination of the Optionee’s service due to Disability), by the Optionee at any time within the later of: (i) twelve (12) months after such cessation of service; or (ii) that date that occurs upon the earlier of: (X) twelve (12) months following the expiration of the Lock-Up Agreement; or (Y) twelve (12) months following the release of Optionee from the terms of the Lock-Up Agreement, by Company’s written agreement provided to the Optionee prior to the effective date of such release, if at all, in its sole discretion, at the end of which period the Option, to the extent not then exercis...
Exercise Upon Death or Disability. If the Grantee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Final Exercise Date while he or she is an Eligible Grantee and the Company has not terminated such relationship for “cause” as specified in paragraph (e) below, this Option shall be exercisable, within the period of one year following the date of death or disability of the Grantee, by the Grantee (or in the case of death by an authorized transferee), provided that this Option shall be exercisable only to the extent that this Option was exercisable by the Grantee on the date of his or her death or disability (after taking into account the vesting provisions of Section 3 hereof), and further provided that this Option shall not be exercisable after the Final Exercise Date.
Exercise Upon Death or Disability. In the event Optionee dies or becomes totally disabled (as defined in Section 22(e)(3) of the Code) prior to the Expiration Date while an employee of the Company, that portion of the Option which had become vested and exercisable as of the date of death or disability shall be exercisable within 12 months of the date of death or disability (but not after the Expiration Date). In the event the Optionee dies within 3 months after termination as an employee (other than discharge for misconduct as specified in paragraph (f) below), that portion of the Option which had become vested and exercisable as of the date of termination shall be exercisable within 6 months of the date of death (but not after the Expiration Date).
Exercise Upon Death or Disability. (a) If the Employee dies while he is employed by the Corporation or by any Affiliate, the Option may, subject to the provisions of Section 5 hereof, be exercised (to the same extent the Employee would have been entitled under Section 3 hereof to exercise the Option immediately prior to his death), by the estate of the Employee (or by the person or persons who acquire the right to exercise the Option by written designation of the Employee) at any time within one year after the death of the Employee, at the end of which period the Option, to the extent not then exercised, shall terminate and the estate or other beneficiaries shall forfeit all rights hereunder. In no event, however, may the Option be exercised after the expiration of the term provided in Section 4 hereof. (b) In the event that the employment of the Employee by the Corporation or any Affiliate is terminated by reason of the Disability of the Employee, the Option may, subject to the provisions of Section 5 hereof, be exercised (to the same extent the Employee would have been entitled under Section 3 hereof to exercise the Option immediately prior to his employment termination due to Disability) by the Employee within the period ending one year after the date of such termination of employment, at the end of which period the Option, to the extent not then exercised, shall terminate and the Employee shall forfeit all rights hereunder even if the Employee subsequently returns to the employ of the Corporation or any Affiliate. In no event, however, may the Option be exercised after the expiration of the term provided in Section 4 hereof.
Exercise Upon Death or Disability. If the Optionee shall cease to be employed by the Company or a Parent or Subsidiary by reason of the Optionee's death or disability, this Option, to the extent not then exercisable in accordance with its terms, shall terminate and be without further effect. To the extent this Option is exercisable on the date of death or disability, it may be exercised at any time within twelve (12) months after the date of death or disability by the Optionee in case of disability, or in case of the death of the Optionee, then by the executors or administrators of the Optionee's estate or by any person or persons who shall have acquired the Option directly from the Optionee by bequest or inheritance, and this Option, to the extent not exercised, shall in all events terminate upon the expiration of such twelve (12) month period or, if earlier, ten (10) years from the date hereof.
Exercise Upon Death or Disability. (a) If the Employee dies while he is employed by the Company or by any Parent or Subsidiary (or within three (3) months after his Retirement (as defined below), and on or after the first date upon which he would have been entitled to exercise the Option under the provisions of Section 3 hereof, the Option may, subject to the provisions of Sections 5 and 8 hereof, be exercised with respect to all or any part of the shares of Common Stock as to which the deceased Employee had not exercised the Option at the time of his death (but only to the extent the Option was exercisable at the earlier of (i) the date of his Retirement or (ii) the date of his death), by the estate of the Employee (or by the person or persons who acquire the right to exercise the Option by written designation of the Employee) at any time within the period ending one (1) year after the date of the Employee's death (in no event, however, after the expiration of the term provided in Section 4 hereof), at the end of which period the Option, to the extent not then exercised, shall terminate and the estate or other beneficiaries shall forfeit all rights hereunder.
AutoNDA by SimpleDocs
Exercise Upon Death or Disability. If the Grantee dies or becomes disabled (within the meaning of Section 22(e)(3) of the United States Internal Revenue Code) prior to the Final Exercise Date while he or she is an Eligible Grantee and the Company and/or its subsidiaries has not terminated such relationship for “Cause” as specified in Sub-paragraph 4(f) below, this Option shall be exercisable, within the period of one (1) year following the date of death or disability of the Grantee, by the Grantee (or in the case of death by an authorized
Exercise Upon Death or Disability. (a) If the Director dies while he is a Director of the Company, the Option may, subject to the provisions of Section 5 hereof, be exercised with respect to all or any part of the shares of Common Stock as to which the deceased Director had not exercised the Option at the time of his death (regardless of whether the option was fully exercisable at such time) by the estate of the Director (or by the person or persons who acquire the right to exercise the Option by written designation of the Director) at any time within 90 days after the death of the Director, at the end of which period the Option, to the extent not then exercised, shall terminate and the estate or other beneficiaries shall forfeit all rights hereunder. In no event, however, may the Option be exercised after the expiration of the term provided in Section 4 hereof.
Exercise Upon Death or Disability. (a) If the Employee dies while he is employed by the Company or by any Parent or Subsidiary, the Option may, subject to the provisions of Section 5 hereof, be exercised with respect to all or any part of the shares of Common Stock as to which the deceased Employee had not exercised the Option at the time of his death (regardless of whether the option was fully exercisable at such time) by the estate of the Employee (or by the person or persons who acquire the right to exercise the Option by written designation of the Employee) at any time within 90 days after the death of the Employee, at the end of which period the Option, to the extent not then exercised, shall terminate and the estate or other beneficiaries shall forfeit all rights hereunder. In no event, however, may the Option be exercised after the expiration of the term provided in Section 4 hereof.
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!