Incentive Stock Option $100,000 Limitation. To the extent that the aggregate Fair Market Value (determined at the time of grant) of Common Stock with respect to which Incentive Stock Options are exercisable for the first time by any Optionholder during any calendar year (under all plans of the Company and any Affiliates) exceeds $100,000 (or such other limit established in the Code) or otherwise does not comply with the rules governing Incentive Stock Options, the Options or portions thereof that exceed such limit (according to the order in which they were granted) or otherwise do not comply with such rules will be treated as Nonstatutory Stock Options, notwithstanding any contrary provision of the applicable Option Agreement(s).
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Samples: Merger Agreement (Viveon Health Acquisition Corp.), Merger Agreement (Clearday, Inc.), Business Combination Agreement (Phoenix Biotech Acquisition Corp.)
Incentive Stock Option $100,000 Limitation. To As stated in Section 6.8 of the Plan, to the extent that the aggregate Fair Market Value (determined at as of the time of grantthe Stock Option is granted) of the Common Stock with respect to which Incentive Stock Options are granted under the Plan (and all other plans of the Company and its Subsidiaries and Parent Company) become exercisable for the first time by any Optionholder during Optionee in any calendar year (under all plans of the Company and any Affiliates) exceeds $100,000 (or 100,000, such other limit established in the Code) or otherwise does not comply with the rules governing Incentive Stock Options, the Options or portions thereof that which exceed such limit (according to the order in which they were are granted) or otherwise do not comply with such rules will shall be treated as Nonstatutory Non-Qualified Stock Options, notwithstanding any contrary provision of the applicable Option Agreement(s).
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Samples: Stock Option Agreement (IRONCLAD ENCRYPTION Corp), Stock Option Agreement (Nova Oil Inc)
Incentive Stock Option $100,000 Limitation. To the extent that the aggregate Fair Market Value (determined at the time of grant) of Common Stock with respect to which Incentive Stock Options are exercisable for the first time by any Optionholder during any calendar year (under all plans of the Company and any Affiliates) exceeds $100,000 (or such other limit established in the Code) or any Option otherwise does not comply with the rules governing Incentive Stock Options, the Options or portions thereof that exceed such limit (according to the order in which they were granted) or otherwise do not comply with such rules will be treated as Nonstatutory Stock Options, notwithstanding any contrary provision of the applicable Option Agreement(s).
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