Extension if Optionee Subject to Section. 16(b). Notwithstanding the foregoing, if a sale within the applicable time periods set forth in Section 7.1 of shares acquired upon the exercise of the Option would subject the Optionee to suit under Section 16(b) of the Exchange Act, the Option shall remain exercisable until the earliest to occur of (i) the tenth (10th) day following the date on which a sale of such shares by the Optionee would no longer be subject to such suit, (ii) the one hundred and ninetieth (190th) day after the Optionee’s termination of Service, or (iii) the Option Expiration Date.
Appears in 11 contracts
Samples: Stock Option Agreement (Auxilio Inc), Stock Option Agreement (Bakbone Software Inc), Finisar Corporation Stock Option Agreement (Finisar Corp)
Extension if Optionee Subject to Section. 16(b). Notwithstanding the foregoing, if a sale within the applicable time periods set forth in Section 7.1 of shares acquired upon the exercise of the Option would subject the Optionee to suit under Section 16(b) of the Exchange Act, the Option shall remain exercisable until the earliest to occur of (i) the tenth (10th) day following the date on which a sale of such shares by the Optionee would no longer be subject to such suit, (ii) the one hundred and ninetieth (190th) day after the Optionee’s 's termination of Service, or (iii) the Option Expiration Date.
Appears in 3 contracts
Samples: Finisar Corp, Stock Option Agreement (Cost U Less Inc), Nonstatutory Stock Option Agreement (Pumatech Inc)
Extension if Optionee Subject to Section. 16(b). Notwithstanding the foregoing, if a sale within the applicable time periods set forth in Section 7.1 of shares of Stock acquired upon the exercise of the Option would subject the Optionee to suit under Section 16(b) of the Exchange Act, the Option shall remain exercisable until the earliest to occur of (i) the tenth (10th) day following the date on which a sale of such shares by the Optionee would no longer be subject to such suit, (ii) the one hundred and ninetieth (190th) day after the Optionee’s 's termination of Service, or (iii) the Option Expiration Date.
Appears in 2 contracts
Samples: Nonstatutory Stock Option Agreement (General Magic Inc), Nonstatutory Stock Option Agreement (General Magic Inc)
Extension if Optionee Subject to Section. 16(b). Notwithstanding the foregoing, other than for Cause, if a sale within the applicable time periods set forth in Section 7.1 of shares acquired upon the exercise of the Option would subject the Optionee to suit under Section 16(b) of the Exchange Act, the Option shall remain exercisable until the earliest to occur of (i) the tenth (10th) day following the date on which a sale of such shares by the Optionee would no longer be subject to such suit, (ii) the one hundred and ninetieth (190th) day after the Optionee’s 's termination of Service, or (iii) the Option Expiration Date.
Appears in 2 contracts
Samples: Plan Stock Option Agreement (Salon Media Group Inc), Plan Stock Option Agreement (Salon Media Group Inc)
Extension if Optionee Subject to Section. 16(b). Notwithstanding the foregoing, if a sale within the applicable time periods set forth in Section 7.1 of shares acquired upon the exercise of the Option would subject the Optionee to suit under Section 16(b) of the Exchange Act, the Option shall remain exercisable until the earliest to occur of (ia) the tenth (10th) day following the date on which a sale of such shares by the Optionee would no longer be subject to such suit, (iib) the one hundred and ninetieth (190th) day after the Optionee’s termination of Service, or (iiic) the Option Expiration Date.
Appears in 2 contracts
Samples: Option Agreement (ARCA Biopharma, Inc.), Option Agreement (ARCA Biopharma, Inc.)
Extension if Optionee Subject to Section. 16(b). Notwithstanding the foregoing, if a sale within the applicable time periods set forth in Section 7.1 6.1 of shares acquired upon the exercise of the Option would subject the Optionee to suit under Section 16(b) of the Exchange Act, the Option shall remain exercisable until the earliest to occur of (i) the tenth (10th) day following the date on which a sale of such shares by the Optionee would no longer be subject to such suit, (ii) the one hundred and ninetieth (190th) day after the Optionee’s termination of Service, or (iii) the Option Expiration Date.
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Extension if Optionee Subject to Section. 16(b). Notwithstanding the foregoing, if a sale within the applicable time periods set forth in Section 7.1 of shares acquired upon the exercise of the Option would subject the Optionee to suit under tinder Section 16(b) of the Exchange Act, the Option shall remain exercisable until the earliest to occur of (i) the tenth (10th) day following the date on which a sale of such shares by the Optionee would no longer be subject to such suit, (ii) the one hundred and ninetieth (190th) day after the Optionee’s termination of Service, or (iii) the Option Expiration Date.
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Extension if Optionee Subject to Section. 16(b). Notwithstanding the foregoing, if a sale sale, within the applicable time periods set forth in Section 7.1 G.1, of shares acquired upon the exercise of the Option would subject the Optionee to suit under Section 16(b) of the Exchange Act, the Option shall remain exercisable until the earliest to occur of (i) the tenth (10th) day following the date on which a sale of such shares by the Optionee would no longer be subject to such suit, (ii) the one hundred and ninetieth (190th) day after the Optionee’s termination of Service, or (iii) the Option Expiration Date.
Appears in 1 contract
Samples: Nonstatutory Stock (Ciena Corp)
Extension if Optionee Subject to Section. 16(b). Notwithstanding the foregoing, if a sale within the applicable time periods set forth in Section 7.1 7:1 of shares acquired upon the exercise of the Option would subject the Optionee to suit under Section 16(b) of the Exchange Act, the Option shall remain exercisable until the earliest to occur of (i) the tenth (10th) day following the date on which a sale of such shares by the Optionee would no longer be subject to such suit, (ii) the one hundred and ninetieth (190th) day after the Optionee’s termination of Service, or (iii) the Option Expiration Date.
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Extension if Optionee Subject to Section. 16(b). Notwithstanding the foregoingforegoing (other than termination for Cause), if a sale within the applicable time periods set forth in Section 7.1 of shares acquired upon the exercise of the Option would subject the Optionee to suit under Section 16(b) of the Exchange Act, the Option shall remain exercisable until the earliest to occur of (i) the tenth (10th) day following the date on which a sale of such shares by the Optionee would no longer be subject to such suit, (ii) the one hundred and ninetieth (190th) day after the Optionee’s termination of Service, or (iii) the Option Expiration Date.
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Extension if Optionee Subject to Section. 16(b). Notwithstanding the foregoing, if a sale within the applicable time periods set forth in Section 7.1 6.6(a) of shares acquired upon the exercise of the Option would subject the Optionee to suit under Section 16(b) of the Exchange Act, the Option shall remain exercisable until the earliest to occur of (i) the tenth (10th) day following the date on which a sale of such shares by the Optionee would no longer be subject to such suit, (ii) the one hundred and ninetieth (190th) day after the Optionee’s termination of Service, or (iii) the Option Expiration Date.
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