Common use of Exercise Upon Death or Disability Clause in Contracts

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.

Appears in 2 contracts

Samples: Qualified Stock Option Agreement (Icg Holdings Canada Co /Co/), Qualified Stock Option Agreement (Icg Holdings Canada Co /Co/)

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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 belowRetirement), 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 Section 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 Director shall forfeit all rights hereunder.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Icg Communications Inc)

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Exercise Upon Death or Disability. (a) If the Employee dies while he is employed by the Company or by any Parent parent or Subsidiary subsidiary corporation of the Company (or within three (3) months after his Retirement (as defined belowretirement from the Company), 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 deathsuch 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 the period ending one ten (110) year years after the date Date of the Employee's death (in no event, however, after the expiration of the term provided in Section 4 hereof)Grant, 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.

Appears in 1 contract

Samples: Icg Communications Inc /De/

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