Common use of Expiration of Option Clause in Contracts

Expiration of Option. The Option may not be exercised to any extent by anyone after the first to occur of the following events: (a) The expiration of ten years from the Grant Date; (b) If this Option is designated as an Incentive Stock Option and the Participant owned (within the meaning of Section 424(d) of the Code), at the time the Option was granted, more than 10% of the total combined voting power of all classes of stock of the Company or any “subsidiary corporation” of the Company or any “parent corporation” of the Company (each within the meaning of Section 424 of the Code), the expiration of five years from the Grant Date; (c) The expiration of one year from the date of the Participant’s Termination of Service, unless such termination occurs by reason of the Participant’s death or Disability; or (d) The expiration of one year from the date of the Participant’s Termination of Service by reason of the Participant’s death or Disability. The Participant acknowledges that an Incentive Stock Option exercised more that three months after the Participant’s termination of employment, other than by reason of death or total and permanent disability (within the meaning of Section 22(e)(3) of the Code), will be taxed as a Non-Qualified Stock Option.

Appears in 5 contracts

Samples: Stock Option Agreement (Spectranetics Corp), Stock Option Agreement (Spectranetics Corp), Stock Option Agreement (Spectranetics Corp)

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Expiration of Option. The Option may not be exercised to any extent by anyone after the first to occur of the following events: (a) The expiration of ten years from the Grant Date; (b) If this Option is designated as an Incentive Stock Option and the Participant owned (within the meaning of Section 424(d) of the Code), at the time the Option was granted, more than 10% of the total combined voting power of all classes of stock of the Company or any “subsidiary corporation” of the Company or any “parent corporation” of the Company (each within the meaning of Section 424 of the Code), the expiration of five years from the Grant Date; (c) The expiration of one year three months from the date of the Participant’s Termination of ServiceServices, unless such termination occurs by reason of the Participant’s death or Disability; or (d) The expiration of one year from the date of the Participant’s Termination of Service Services by reason of the Participant’s death or Disability. The Participant acknowledges that an Incentive Stock Option exercised more that three months after the Participant’s termination Termination of employmentEmployment, other than by reason of death or total and permanent disability (within the meaning of Section 22(e)(3) of the Code)Disability, will be taxed as a Non-Qualified Nonstatutory Stock Option.

Appears in 2 contracts

Samples: Stock Option Agreement (Tessera Technologies Inc), Stock Option Agreement (Tessera Technologies Inc)

Expiration of Option. The Option may not be exercised to any extent by anyone after the first to occur of the following events: (a) The expiration of ten years from the Grant Date; (b) If this Option is designated as an Incentive Stock Option and the Participant owned (within the meaning of Section 424(d) of the Code), at the time the Option was granted, more than 10% of the total combined voting power of all classes of stock of the Company or any “subsidiary corporation” of the Company or any “parent corporation” of the Company (each within the meaning of Section 424 of the Code), the expiration of five years from the Grant Date; (c) The expiration of one year three months from the date of the Participant’s Termination of ServiceServices, unless such termination occurs by reason of the Participant’s death or Disability; or; (d) The expiration of one year from the date of the Participant’s Termination of Service Services by reason of the Participant’s death or Disability. The ; or Participant acknowledges that an Incentive Stock Option exercised more that three months after the Participant’s termination Termination of employmentEmployment, other than by reason of death or total and permanent disability (within the meaning of Section 22(e)(3) of the Code)Disability, will be taxed as a Non-Qualified Stock Option.

Appears in 2 contracts

Samples: Stock Option Agreement (Tilly's, Inc.), Stock Option Agreement (Tilly's, Inc.)

Expiration of Option. The Option may not be exercised to any extent by anyone after the first to occur of the following events: (a) The expiration of Expiration Date set forth in the Grant Notice, which shall in no event be more than ten (10) years from the Grant Date; (b) If this Option is designated as an Incentive Stock Option and the Participant owned (within the meaning of Section 424(d) of the Code), at the time the Option was granted, more than 10% of the total combined voting power of all classes of stock of the Company or any “subsidiary corporation” of the Company or any “parent corporation” of the Company (each within the meaning of Section 424 of the Code), the expiration of five (5) years from the Grant Date; (c) The expiration of one year three (3) months from the date of the Participant’s Termination of Service, unless such termination occurs by reason of the Participant’s death or Disability; or (d) The expiration of one (1) year from the date of the Participant’s Termination of Service by reason of the Participant’s death or Disability. The Participant acknowledges that an Incentive Stock Option exercised more that than three (3) months after the Participant’s termination Termination of employmentService, other than by reason of death or total and permanent disability (within the meaning of Section 22(e)(3) of the Code), Disability will be taxed as a Non-Qualified Stock Option.

Appears in 1 contract

Samples: Stock Option Agreement (Motorcar Parts America Inc)

Expiration of Option. The Option may not be exercised to any extent by anyone after the first to occur of the following events: (a) The expiration of ten years from the Grant Date; (b) If this Option is designated as an Incentive Stock Option and the Participant owned (within the meaning of Section 424(d) of the Code), at the time the Option was granted, more than 10% of the total combined voting power of all classes of stock of the Company or any “subsidiary corporation” of the Company or any “parent corporation” of the Company (each within the meaning of Section 424 of the Code), the expiration of five years from the Grant Date; (c) The expiration of one year from the date of the Participant’s Termination of ServiceServices, unless such termination occurs by reason of the Participant’s death or Disability; or (d) The expiration of one year from the date of the Participant’s Termination of Service Services by reason of the Participant’s death or Disability. The Participant acknowledges that an Incentive Stock Option exercised more that three months after the Participant’s termination Termination of employmentEmployment, other than by reason of death or total and permanent disability (within the meaning of Section 22(e)(3) of the Code)Disability, will be taxed as a Non-Qualified Stock Option.

Appears in 1 contract

Samples: Stock Option Agreement (Spectranetics Corp)

Expiration of Option. The Option may not be exercised to any extent by anyone after the first to occur of the following events: (a) The expiration of ten years from the Grant Date; (b) If this Option is designated as an Incentive Stock Option and the Participant owned (within the meaning of Section 424(d) of the Code), at the time the Option was granted, more than 10% of the total combined voting power of all classes of stock of the Company or any “subsidiary corporation” of the Company or any “parent corporation” of the Company (each within the meaning of Section 424 of the Code), the expiration of five years from the Grant Date; (c) The expiration of one year from the date of the Participant’s 's Termination of Service, unless such termination occurs by reason of the Participant’s 's death or Disability; or (d) The expiration of one year from the date of the Participant’s 's Termination of Service by reason of the Participant’s 's death or Disability. The Participant acknowledges that an Incentive Stock Option exercised more that three months after the Participant’s 's termination of employment, other than by reason of death or total and permanent disability (within the meaning of Section 22(e)(3) of the Code), will be taxed as a Non-Qualified Stock Option.

Appears in 1 contract

Samples: Employment Agreement (Spectranetics Corp)

Expiration of Option. The Option may not be exercised to any extent by anyone after the first to occur of the following events: (a) The expiration of ten seven (7) years from the Grant Date; (b) If this Option is designated as an Incentive Stock Option and the Participant owned (within the meaning of Section 424(d) of the Code), at the time the Option was granted, more than 10% of the total combined voting power of all classes of stock of the Company or any “subsidiary corporation” of the Company or any “parent corporation” of the Company (each within the meaning of Section 424 of the Code), the expiration of five (5) years from the Grant Date; (c) Immediately upon the Participant’s Termination of Employment for Cause, or upon the Participant’s Termination of Employment due to resignation from the Company for any reason; (d) The expiration of one year three (3) months from the date of the Participant’s Termination of ServiceEmployment without Cause, unless such termination occurs by reason of the Participant’s death or Disability; or (de) The expiration of one (1) year from the date of the Participant’s Termination of Service Employment by reason of the Participant’s death or Disability. The Participant acknowledges that an Incentive Stock Option exercised more that than three (3) months after the Participant’s termination Termination of employmentEmployment, other than by reason of death or total and permanent disability (within the meaning of Section 22(e)(3) of the Code)Disability, will be taxed as a Non-Qualified Stock Option.

Appears in 1 contract

Samples: Stock Option Agreement (Noble Environmental Power LLC)

Expiration of Option. The Option may not be exercised to any extent by anyone after the first to occur of the following events: (a) The expiration of ten years from the Grant Date; (b) If this Option is designated as an Incentive Stock Option and the Participant owned (within the meaning of Section 424(d) of the Code), at the time the Option was granted, more than 10% of the total combined voting power of all classes of stock of the Company or any “subsidiary corporation” of the Company or any “parent corporation” of the Company (each within the meaning of Section 424 of the Code), the expiration of five years from the Grant Date; (c) The expiration of one year three months from the date of the Participant’s Termination of ServiceServices, unless such termination occurs by reason of the Participant’s death or Disability; or (d) The expiration of one year from the date of the Participant’s Termination of Service Services by reason of the Participant’s death or Disability. The Participant acknowledges that an Incentive Stock Option exercised more that three months after the Participant’s termination Termination of employmentEmployment, other than by reason of death or total and permanent disability (within the meaning of Section 22(e)(3) of the Code)Disability, will be taxed as a Non-Qualified Stock Option.

Appears in 1 contract

Samples: Stock Option Agreement (Tegal Corp /De/)

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Expiration of Option. The Option may not be exercised to any extent by anyone after the first to occur of the following events: (a) The expiration of ten seven years from the Grant Date; (b) If this Option is designated as an Incentive Stock Option and the Participant owned (within the meaning of Section 424(d) of the Code), at the time the Option was granted, more than 10% of the total combined voting power of all classes of stock of the Company or any “subsidiary corporation” of the Company or any “parent corporation” of the Company (each within the meaning of Section 424 of the Code), the expiration of five years from the Grant Date; (c) The expiration of one year three months from the date of the Participant’s Termination of ServiceServices, unless such termination occurs by reason of the Participant’s death or Disability; or (d) The expiration of one year from the date of the Participant’s Termination of Service Services by reason of the Participant’s death or Disability. The Participant acknowledges that an Incentive Stock Option exercised more that three months after the Participant’s termination Termination of employmentEmployment, other than by reason of death or total and permanent disability (within the meaning of Section 22(e)(3) of the Code)Disability, will be taxed as a Non-Qualified Stock Option.

Appears in 1 contract

Samples: Stock Option Agreement (Symmetricom Inc)

Expiration of Option. The Option may not be exercised to any extent by anyone after the first to occur of the following events: (a) The expiration of ten years from the Grant Date; (b) If this Option is designated as an Incentive Stock Option and the Participant owned (within the meaning of Section 424(d) of the Code), at the time the Option was granted, more than 10% of the total combined voting power of all classes of stock of the Company or any “subsidiary corporation” of the Company or any “parent corporation” of the Company (each within the meaning of Section 424 of the Code), the expiration of five years from the Grant Date; (c) The expiration of one year from the date of the Participant’s Termination of ServiceServices, unless such termination occurs by reason of the Participant’s death or Disability; or (d) The expiration of one year from the date of the Participant’s Termination of Service Services by reason of the Participant’s death or Disability. The Participant acknowledges that an Incentive Stock Option exercised more that than three months after the Participant’s termination Termination of employmentServices, other than by reason of death or total and permanent disability (within the meaning of Section 22(e)(3) of the Code)Disability, will be taxed as a Non-Qualified Stock Option.

Appears in 1 contract

Samples: Stock Option Agreement (Spectranetics Corp)

Expiration of Option. The Option may not be exercised to any extent by anyone after the first to occur of the following events: (a) The expiration of ten years from the Grant Date; (b) If this Option is designated as an Incentive Stock Option and the Participant owned (within the meaning of Section 424(d) of the Code), at the time the Option was granted, more than 10% of the total combined voting power of all classes of stock of the Company or any “subsidiary corporation” of the Company or any “parent corporation” of the Company (each within the meaning of Section 424 of the Code), the expiration of five years from the Grant Date; (c) The expiration of one year six months from the date of the Participant’s Termination of Service, Services unless such termination Termination of Services occurs by reason of the Participant’s death or Disability; orand (d) The expiration of one year from the date of the Participant’s Termination of Service Services by reason of the Participant’s death or Disability. The Participant acknowledges that an Incentive Stock Option exercised more that three months after the Participant’s termination Termination of employmentEmployment, other than by reason of death or total and permanent disability (within the meaning of Section 22(e)(3) of the Code)Disability, will be taxed as a Non-Qualified Stock Option.

Appears in 1 contract

Samples: Stock Option Agreement (Rentech Inc /Co/)

Expiration of Option. The Option may not be exercised to any extent by anyone after the first to occur of the following events: (a) The expiration of ten five years from the Grant Date; (b) If this Option is designated as an Incentive Stock Option and the Participant owned (within the meaning of Section 424(d) of the Code), at the time the Option was granted, more than 10% of the total combined voting power of all classes of stock of the Company or any “subsidiary corporation” of the Company or any “parent corporation” of the Company (each within the meaning of Section 424 of the Code), the expiration of five years from the Grant Date; (c) The expiration of one year three months from the date of the Participant’s Termination of ServiceServices, unless such termination occurs by reason of the Participant’s death or Disability; or (d) The expiration of one year from the date of the Participant’s Termination of Service Services by reason of the Participant’s death or Disability. The Participant acknowledges that an Incentive Stock Option exercised more that three months after the Participant’s termination Termination of employmentEmployment, other than by reason of death or total and permanent disability (within the meaning of Section 22(e)(3) of the Code)Disability, will be taxed as a Non-Qualified Stock Option.

Appears in 1 contract

Samples: Stock Option Agreement (Symmetricom Inc)

Expiration of Option. The Option may not be exercised to any extent by anyone after the first to occur of the following events: (a) The expiration of ten seven years from the Grant Date; (b) If this the Option is designated as an Incentive Stock Option and the Participant owned (within the meaning of Section 424(d) of the Code), at the time the Option was granted, more than 10% of the total combined voting power of all classes of stock of the Company or any “subsidiary corporation” of the Company or any “parent corporation” of the Company (each within the meaning of Section 424 of the Code), the expiration of five years from the Grant Date; (c) The Participant’s Termination of Service by the Company for Cause; (d) Except as set forth in Section 3.1(b), the expiration of one year six months from the date of the Participant’s Termination of ServiceService by the Company without Cause, unless such termination occurs by Participant for Good Reason or by reason of the Company’s non-extension of Participant’s death or Disability; oremployment term under the Employment Agreement; (de) The expiration of one year from the date of the Participant’s Termination of Service by reason of the Participant’s death or Disability. ; (f) In the case of Participant’s Retirement, the date of expiration set forth in Section 3.3(a); or (g) The Participant acknowledges that an Incentive Stock Option exercised more that expiration of three months after from the date of Participant’s termination Termination of employment, Service for any other than by reason of death or total and permanent disability (within the meaning of Section 22(e)(3) of the Code), will be taxed as a Non-Qualified Stock Optionreason.

Appears in 1 contract

Samples: Employment Agreement (Verso Paper Corp.)

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