Common use of ISO Fair Market Value Limitation Clause in Contracts

ISO Fair Market Value Limitation. If the Grant Notice designates this Option as an Incentive Stock Option, then to the extent that the Option (together with all Incentive Stock Options granted to you under all stock option plans of the Company and any Affiliate, including the Plan) becomes exercisable for the first time during any calendar year for shares having a Fair Market Value greater than One Hundred Thousand Dollars ($100,000), the portion of such options which exceeds such amount will be treated as Nonstatutory Stock Options. For purposes of this Section, options designated as Incentive Stock Options are taken into account in the order in which they were granted, and the Fair Market Value of Stock is determined as of the time the option with respect to such Stock is granted. If the Code is amended to provide for a different limitation from that set forth in this Section, such different limitation shall be deemed incorporated herein effective as of the date required or permitted by such amendment to the Code. If the Option is treated as an Incentive Stock Option in part and as a Nonstatutory Stock Option in part by reason of the limitation set forth in this Section, you may designate which portion of such Option you are exercising. In the absence of such designation, you shall be deemed to have exercised the Incentive Stock Option portion of the Option first. Separate certificates representing each such portion shall be issued upon the exercise of the Option. (NOTE: If the aggregate exercise price of the Option (that is, the exercise price multiplied by the number of shares subject to the Option) plus the aggregate exercise price of any other Incentive Stock Options you hold (whether granted pursuant to the Plan or any other stock option plan of the Company or any Affiliate) is greater than $100,000, you should contact the Chief Financial Officer of the Company to ascertain whether the entire Option qualifies as an Incentive Stock Option.)

ISO Fair Market Value Limitation. If the Grant Notice designates this Option as an Incentive Stock Option, then to the extent that the Option (together with all Incentive Stock Options granted to you the Optionee under all stock option plans of the Company and any AffiliateCompany, including the Plan) becomes exercisable for the first time during any calendar year for shares having a Fair Market Value greater than One Hundred Thousand Dollars ($100,000), the portion of such options which exceeds such amount will be treated as Nonstatutory Stock Options. For purposes of this SectionSection 2.2, options designated as Incentive Stock Options are taken into account in the order in which they were granted, and the Fair Market Value of Stock stock is determined as of the time the option with respect to such Stock stock is granted. If the Code is amended to provide for a different limitation from that set forth in this SectionSection 2.2, such different limitation shall be deemed incorporated herein effective as of the date required or permitted by such amendment to the Code. If the Option is treated as an Incentive Stock Option in part and as a Nonstatutory Stock Option in part by reason of the limitation set forth in this SectionSection 2.2, you the Optionee may designate which portion of such Option you are the Optionee is exercising. In the absence of such designation, you the Optionee shall be deemed to have exercised the Incentive Stock Option portion of the Option first. Separate certificates representing each such portion shall be issued upon the exercise of the Option. (NOTENOTE TO OPTIONEE: If the aggregate exercise price Exercise Price of the Option (that is, the exercise price Exercise Price multiplied by the number Number of shares subject to the OptionOption Shares) plus the aggregate exercise price of any other Incentive Stock Options you hold (whether granted pursuant to the Plan or any other stock option plan of the Company or any AffiliateCompany) is greater than $100,000, you should contact the Chief Financial Officer of the Company to ascertain whether the entire Option qualifies as an Incentive Stock Option.)

ISO Fair Market Value Limitation. If the Grant Notice designates this Option as an Incentive Stock Option, then to the extent that the Option (together with all Incentive Stock Options granted to you the Optionee under all stock option plans of the Participating Company and any AffiliateGroup, including the Plan) becomes exercisable for the first time during any calendar year for shares having a Fair Market Value greater than One Hundred Thousand Dollars ($100,000), the portion of such options which exceeds such amount will be treated as Nonstatutory Stock Options. For purposes of this SectionSection 2.2, options designated as Incentive Stock Options are taken into account in the order in which they were granted, and the Fair Market Value of Stock stock is determined as of the time the option with respect to such Stock stock is granted. If the Code is amended to provide for a different limitation from that set forth in this SectionSection 2.2, such different limitation shall be deemed incorporated herein effective as of the date required or permitted by such amendment to the Code. If the Option is treated as an Incentive Stock Option in part and as a Nonstatutory Stock Option in part by reason of the limitation set forth in this SectionSection 2.2, you the Optionee may designate which portion of such Option you are the Optionee is exercising. In the absence of such designation, you the Optionee shall be deemed to have exercised the Incentive Stock Option portion of the Option first. Separate certificates representing each such portion shall be issued upon the exercise of the Option. (NOTENOTE TO OPTIONEE: If the aggregate exercise price Exercise Price of the Option (that is, the exercise price Exercise Price multiplied by the number Number of shares subject to the OptionOption Shares) plus the aggregate exercise price of any other Incentive Stock Options you hold (whether granted pursuant to the Plan or any other stock option plan of the Participating Company or any AffiliateGroup) is greater than $100,000, you should contact the Chief Financial Officer President of the Company to ascertain whether the entire Option qualifies as an Incentive Stock Option.)

ISO Fair Market Value Limitation. If the Grant Notice designates this Option as an Incentive Stock Option, then to the extent that the Option (together with all Incentive Stock Options granted to you the Optionee under all stock option plans of the Participating Company and any AffiliateGroup, including the Plan) becomes exercisable for the first time during any calendar year for shares having a Fair Market Value greater than One Hundred Thousand Dollars ($100,000), the portion of such options which exceeds such amount will be treated as Nonstatutory Stock Options. For purposes of this SectionSection 2.2, options designated as Incentive Stock Options are taken into account in the order in which they were granted, and the Fair Market Value of Stock stock is determined as of the time the option with respect to such Stock stock is granted. If the Code is amended to provide for a different limitation from that set forth in this SectionSection 2.2, such different limitation shall be deemed incorporated herein effective as of the date required or permitted by such amendment to the Code. If the Option is treated as an Incentive Stock Option in part and as a Nonstatutory Stock Option in part by reason of the limitation set forth in this SectionSection 2.2, you the Optionee may designate which portion of such Option you are the Optionee is exercising. In the absence of such designation, you the Optionee shall be deemed to have exercised the Incentive Stock Option portion of the Option first. Separate certificates representing each such portion shall be issued upon the exercise of the Option. (NOTENOTE TO OPTIONEE: If the aggregate exercise price Exercise Price of the Option (that is, the exercise price Exercise Price multiplied by the number Number of shares subject to the OptionOption Shares) plus the aggregate exercise price of any other Incentive Stock Options you hold (whether granted pursuant to the Plan or any other stock option plan of the Participating Company or any AffiliateGroup) is greater than $100,000, you should contact the Chief Financial Officer President of the Company to ascertain whether the entire Option qualifies as an Incentive Stock Option.)

ISO Fair Market Value Limitation. If this Option is designated an ISO in the Grant Notice designates this Option as an Incentive Stock OptionAgreement, then to the extent that the Option (together with all Incentive Stock Options ISOs granted to you the Optionee under all stock option plans of the Participating Company and any AffiliateGroup, including the Plan) becomes exercisable for the first time during any calendar year for shares having a Fair Market Value greater than One Hundred Thousand Dollars ($100,000), the portion of such options which exceeds such amount will be treated as Nonstatutory Stock Options. For purposes of this SectionSection 2.2, options designated as Incentive Stock Options ISOs are taken into account in the order in which they were granted, and the Fair Market Value of Stock stock is determined as of the time the option with respect to such Stock stock is granted. If the Code is amended to provide for a different limitation from that set forth in this SectionSection 2.2, such different limitation shall be deemed incorporated herein effective as of the date required or permitted by such amendment to the Code. If the Option is treated as an Incentive Stock Option ISO in part and as a Nonstatutory Stock Option in part by reason of the limitation set forth in this SectionSection 2.2, you the Optionee may designate which portion of such Option you are the Optionee is exercising. In the absence of such designation, you the Optionee shall be deemed to have exercised the Incentive Stock Option ISO portion of the Option first. Separate certificates representing each such portion shall be issued upon the exercise of the Option. (NOTE: If the aggregate exercise price Exercise Price of the Option (that is, the exercise price Exercise Price multiplied by the number Number of shares subject to the OptionOption Shares) plus the aggregate exercise price of any other Incentive Stock Options ISOs you hold (whether granted pursuant to the Plan or any other stock option plan of the Participating Company or any AffiliateGroup) is greater than $100,000, you should contact the Chief Financial Officer of the Company to ascertain whether the entire Option qualifies as an Incentive Stock OptionISO.)