Common use of Incentive Stock Option Qualification Clause in Contracts

Incentive Stock Option Qualification. The Option is intended to be an ISO under Section 422 of the Code. The Optionee acknowledges that in order for the Option to qualify as an ISO, the Optionee must comply with the following additional conditions: (A) The Optionee must remain employed by the Company (or a subsidiary of the Company) at least until three months before the Option is exercised (or one year in the case of an Optionee who is disabled within the meaning of Section 22(e)(3) of the Code); (B) The Optionee may not dispose of the Common Shares acquired upon the exercise of the Option (i) within two years of the date of the grant of the Option, and (ii) within one year after the date of the exercise of the Option; and (C) The aggregate fair market value (determined as of the date of the grant of the Option) of the Common Shares with respect to which ISOs are exercisable under all plans of the Company or a subsidiary for the first time by the Optionee during any calendar year shall not exceed $100,000, or such other limit as may be required by the Code. To the extent that the Optionee does not comply with the foregoing conditions, the Option will not be deemed to be an ISO under the Code with respect to the number of shares that fail to satisfy each of such conditions.

Appears in 2 contracts

Samples: Stock Option Award Agreement (First Defiance Financial Corp), Stock Option Award Agreement (First Defiance Financial Corp)

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Incentive Stock Option Qualification. The Option is intended to be an and ISO under Section 422 of the Code. The Optionee acknowledges that in order for the Option to qualify as an ISO, the Optionee must comply with the following additional conditions: (A) The Optionee must remain employed by the Company (or a subsidiary of the Company) at least until three months before the Option is exercised (or one year in the case of an Optionee who is disabled within the meaning of Section 22(e)(3) of the Code); (B) The Optionee may not dispose of the Common Shares acquired upon the exercise of the Option (i) within two years of the date of the grant of the Option, and (ii) within one year after the date of the exercise of the Option; and (C) The aggregate fair market value (determined as of the date of the grant of the Option) of the Common Shares with respect to which ISOs are exercisable under all plans of the Company or a subsidiary for the first time by the Optionee during any calendar year shall not exceed $100,000, or such other limit as may be required by the Code. To the extent that the Optionee does not comply with the foregoing conditions, the Option will not be deemed to be an ISO under the Code with respect to the number of shares that fail to satisfy each of such conditions.

Appears in 1 contract

Samples: Stock Option Award Agreement (First Defiance Financial Corp)

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Incentive Stock Option Qualification. The Option is intended to be an ISO under Section 422 of the Code. The Optionee acknowledges that in order for the Option to qualify as an ISO, the Optionee must comply with the following additional conditionsconditions must be satisfied: (A) The Optionee must remain employed by the Company (or a subsidiary of the Company) at least until three months before the Option is exercised (or one year in the case of an Optionee who is disabled within the meaning of Section 22(e)(3) of the Code); (B) The Optionee may not dispose of the Common Shares common shares acquired upon the exercise of the Option (i) within two years of the date of the grant of the Option, and (ii) within one year after the date of the exercise of the Option; and (C) The aggregate fair market value (determined as of the date of the grant of the Option) of the Common Shares common shares with respect to which ISOs are exercisable under all plans of the Company or a subsidiary for the first time by the Optionee during in any calendar year shall not exceed $100,000, or such other limit as may be required by the Code. To the extent that the Optionee does not comply with the foregoing conditions, such portion of the Option will not be deemed to be an ISO under the Code with respect to the number of shares that fail to satisfy each of such conditionsCode.

Appears in 1 contract

Samples: Incentive Stock Option Award Agreement (Camco Financial Corp)

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