Holding Period Requirement. If Participant is classified as an “officer” of the Company within the meaning of Rule 16a-1(f) under the Securities Exchange Act of 1934, as amended, on the Grant Date, then, as a condition to receipt of the Option, Participant hereby agrees to hold his After-Tax Net Profit in Shares until the sixth month anniversary of the exercise of all or a portion of the Option (or, if earlier, the date of Participant’s Termination of Employment). “After-Tax Net Profit” means the total dollar value of the Shares that Participant elects to exercise under this Option at the time of exercise, minus the total of (i) the exercise price to purchase these Shares, and (ii) the amount of all applicable federal, state, local or foreign income, employment or other tax and other similar fees that are withheld in connection with the exercise.
Appears in 3 contracts
Samples: Incentive Stock Option Agreement (Energy Focus, Inc/De), Nonqualified Stock Option Agreement for Employees (Energy Focus, Inc/De), Incentive Stock Option Agreement (Energy Focus, Inc/De)
Holding Period Requirement. If Participant is classified as an “officer” of the Company within the meaning of Rule 16a-1(f) under the Securities Exchange Act of 1934, as amended, on the Grant Date, then, as a condition to receipt of the Option, Participant hereby agrees to hold his or her After-Tax Net Profit in Shares until the sixth month anniversary of the exercise of all or a portion of the Option (or, if earlier, the date of Participant’s Termination of Employment). “After-Tax Net Profit” means the total dollar value of the Shares that Participant elects to exercise under this Option at the time of exercise, minus the total of (i) the exercise price to purchase these Shares, and (ii) the amount of all applicable federal, state, local or foreign income, employment or other tax and other similar fees that are withheld in connection with the exercise.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Monopar Therapeutics), Incentive Stock Option Agreement (Monopar Therapeutics)
Holding Period Requirement. If Participant is classified as an “officer” of the Company within the meaning of Rule 16a-1(f) under the Securities Exchange Act of 1934, as amended, on the Grant Date, then, as a condition to receipt of the Option, Participant hereby agrees to hold his After-Tax Net Profit in Shares until the sixth month anniversary of the exercise of all or a portion of the Option (or, if earlier, the date of Participant’s Termination of Employment). “After-Tax Net Profit” means the total dollar value of the Shares that Participant elects to exercise under this Option at the time of exercise, minus the total of (i) the exercise price to purchase these Shares, and (ii) the amount of all applicable federal, state, EXHIBIT 10.4 local or foreign income, employment or other tax and other similar fees that are withheld in connection with the exercise.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement for Employees (Energy Focus, Inc/De)