Incentive Options. The terms specified below shall be applicable to all Incentive Options. Except as modified by the provisions of this Section II, all the provisions of Articles One, Two and Five shall be applicable to Incentive Options. Options which are specifically designated as Non-Statutory Options when issued under the Plan shall not be subject to the terms of this Section II.
Appears in 3 contracts
Samples: Merger Agreement (Valeritas Holdings Inc.), Merger Agreement (Discovery Laboratories Inc), Merger Agreement (Discovery Laboratories Inc /De/)
Incentive Options. The terms specified below shall be applicable to all Incentive Options. Except as modified by the provisions of this Section II, all the provisions of Articles One, Two Five and Five Six shall be applicable to Incentive Options. To the extent an option which is designated as an Incentive Option fails to meet the requirements of Section 422 of the Code, then such option shall be treated as a Non-Statutory Option. Options which are specifically designated as Non-Statutory Options when issued under the Plan shall not be subject to the terms of this Section II.
Appears in 3 contracts
Samples: 2022 Omniab Service Provider Assumed Award Plan (OmniAb, Inc.), 2022 Ligand Service Provider Assumed Award Plan (OmniAb, Inc.), 2022 Omniab Service Provider Assumed Award Plan (Avista Public Acquisition Corp. II)
Incentive Options. The terms specified below shall be applicable to all Incentive Options. Except as modified by the provisions of this Section II, all the provisions of Articles One, Two and Five Six shall be applicable to Incentive Options. Options which are specifically designated as Non-Statutory Options when issued under the Plan shall not NOT be subject to the terms of this Section II.
Appears in 2 contracts
Samples: Option Agreement, Option Agreement
Incentive Options. The terms specified below shall be applicable to all Incentive Options. Except as modified by the provisions of this Section II, all the provisions of Articles One, Two and Five the Plan shall be applicable to Incentive Options. Options which are specifically designated as Non-Statutory Options when issued under the Plan shall not NOT be subject to the terms of specified in this Section II.
Appears in 1 contract
Samples: Stock Option Agreement (Vista Medical Technologies Inc)
Incentive Options. β The terms specified below shall be applicable to all Incentive Options. Except as modified by the provisions of this Section II, all the provisions of Articles One, Two Five and Five Six shall be applicable to Incentive Options. To the extent an option which is designated as an Incentive Option fails to meet the requirements of Section 422 of the Code, then such option shall be treated as a Non-Statutory Option. Options which are specifically designated as Non-Statutory Options when issued under the Plan shall not be subject to the terms of this Section II.. β
Appears in 1 contract
Samples: 2022 Ligand Service Provider Assumed Award Plan (Avista Public Acquisition Corp. II)
