Common use of Fair Market Value Limitation Clause in Contracts

Fair Market Value Limitation. Should the exercisability of this Option be accelerated in connection with a Transfer of Control in accordance with Section 8.2, then to the extent that the aggregate Fair Market Value of the shares of Stock with respect to which the Optionee may exercise the Option for the first time during the calendar year of the Transfer of Control, when added to the aggregate Fair Market Value of the shares subject to any other options designated as Incentive Stock Options granted to the Optionee under all stock option plans of the Participating Company Group prior to the Date of Option Grant with respect to which such options are exercisable for the first time during the same calendar year, exceeds One Hundred Thousand Dollars ($100,000) (or such other limit, if any, imposed by Section 422 of the Code), the portion of the Option which exceeds such amount shall be treated as a nonstatutory stock option. For purposes of the preceding sentence, options designated as Incentive Stock Options shall be taken into account in the order in which they were granted, and the Fair Market Value of shares of stock shall be determined as of the time the option with respect to such shares is granted.

Fair Market Value Limitation. Should the exercisability of this Option be accelerated in connection with a Transfer of Change in Control in accordance with Section 7.1(d) or 8.2, then to the extent that the aggregate Fair Market Value of the shares of Stock with respect to which the Optionee may exercise the Option for the first time during the calendar year of the Transfer of Controlsuch acceleration, when added to the aggregate Fair Market Value of the shares of Stock subject to any other options designated as Incentive Stock Options incentive stock options granted to the Optionee under all stock option plans of the Participating Company Group prior to the Date of Option Grant with respect to which such options are exercisable for the first time during the same calendar year, exceeds One Hundred Thousand Dollars ($100,000) (or such other limit, if any, imposed by Section 422 of the Code), the portion of the Option which exceeds such amount shall be treated as a nonstatutory stock option. For purposes of the preceding sentence, options designated as Incentive Stock Options incentive stock options shall be taken into account in the order in which they were granted, and the Fair Market Value of shares of stock shall be determined as of the time the option with respect to such shares is granted.

Fair Market Value Limitation. Should the exercisability of this Option be accelerated in connection with a Transfer of Change in Control in accordance with Section 7.1(c) or 8.2, then to the extent that the aggregate Fair Market Value of the shares of Stock with respect to which the Optionee may exercise the Option for the first time during the calendar year of the Transfer of Controlsuch acceleration, when added to the aggregate Fair Market Value of the shares subject to any other options designated as Incentive Stock Options incentive stock options granted to the Optionee under all stock option plans of the Participating Company Group prior to the Date of Option Grant with respect to which such options are exercisable for the first time during the same calendar year, exceeds One Hundred Thousand Dollars ($100,000) (or such other limit, if any, imposed by Section 422 of the Code), the portion of the Option which exceeds such amount shall be treated as a nonstatutory stock option. For purposes of the preceding sentence, options designated as Incentive Stock Options incentive stock options shall be taken into account in the order in which they were granted, and the Fair Market Value of shares of stock shall be determined as of the time the option with respect to such shares is granted.