Common use of ISO PROVISIONS Clause in Contracts

ISO PROVISIONS. (a) Optionee represents and warrants to the Company that Optionee does not own, directly or by reason of the applicable attribution rules in Code Section 424(d) and related Treasury Regulations, more than 10% of the total combined voting power of all classes of share capital of the Company or an Affiliate. (b) Optionee understands and agrees that Code Section 422(d) provides that to the extent the Fair Market Value of stock with respect to which incentive stock options are exercisable for the first time (and thereby vest) during any calendar year (under the Plan and any other incentive stock option plan of the Company or an Affiliate) exceeds $100,000, such options will be non-qualified stock options. Accordingly, Optionee agrees that to the extent this Option first becomes exercisable in any year with respect to stock whose Fair Market Value exceeds $100,000, the remaining portion of the Option that first becomes exercisable in that year shall be a Non-Qualified Stock Option. (c) Optionee agrees to notify the Company in writing immediately after Optionee makes a Disqualifying Disposition of any shares acquired pursuant to the exercise of the Option. A "Disqualifying Disposition" is any disposition (including any sale) of such shares before the later of (i) two years after the date the Optionee was granted the Option hereunder, or (ii) one year after the date the Optionee acquired shares by exercising any part of the Option. If the Participant has died before such stock is sold, these holding period requirements do not apply and no Disqualifying Disposition can occur thereafter.

ISO PROVISIONS. (a) Optionee represents and warrants to the Company that Optionee does not own, directly or by reason of the applicable attribution rules in Code Section 424(d) and related Treasury Regulations, more than 10% of the total combined voting power of all classes of share capital of the Company or an Affiliate. (b) Optionee understands and agrees that Code Section 422(d) provides that to the extent the Fair Market Value of stock with respect to which incentive stock options are exercisable for the first time (and thereby vest) during any calendar year (under the Plan and any other incentive stock option plan of the Company or an Affiliate) exceeds $100,000, such excess options will be non-qualified stock options. Accordingly, Optionee agrees that to the extent this Option first becomes exercisable in any year with respect to stock whose Fair Market Value exceeds $100,000, the remaining portion of the Option that first becomes exercisable in that year shall be a Non-Qualified Stock Option. (c) Optionee agrees to notify the Company in writing immediately after Optionee makes a Disqualifying Disposition of any shares Shares acquired pursuant to the exercise of the Option. A "Disqualifying Disposition" is any disposition (including any sale) of such shares Shares before the later of (i) two years after the date the Optionee was granted the Option hereunder, or (ii) one year after the date the Optionee acquired shares Shares by exercising any part of the Option. If the Participant has died before such stock is sold, these holding period requirements do not apply and no Disqualifying Disposition can occur thereafter.

ISO PROVISIONS. (a) Optionee represents and warrants to the Company that Optionee does not own, directly or by reason of the applicable attribution rules in Code Section 424(d) and related Treasury Regulations, more than 10% of the total combined voting power of all classes of share capital of the Company or an Affiliate. (b) Optionee understands and agrees that Code Section 422(d) provides that Notwithstanding anything in this Agreement or otherwise to the extent contrary, the Fair Market Value amount of stock with respect to Options which incentive stock options are may be exercisable for the first time (and thereby vest) during in any calendar year (under the Plan and this or any other incentive stock option Incentive Stock Option plan of the Company or an Affiliate) exceeds $100,000, such options will shall be non-qualified limited so that the aggregate Fair Market Value (determined at the time each Incentive Stock Option is granted) of the stock options. Accordingly, Optionee agrees that to the extent this Option first becomes exercisable in any year with respect to stock whose Fair Market Value exceeds which Incentive Stock Options are exercisable for the first time by the Optionee in any calendar year does not exceed $100,000, the remaining portion of the Option that first becomes exercisable in that year shall be a Non-Qualified Stock Option. (c) Optionee agrees to notify the Company in writing immediately after Optionee makes a Disqualifying Disposition of any shares acquired pursuant to the exercise of the Option. A "Disqualifying Disposition" is any disposition (including any sale) of such shares before the later of (i) two years after the date the Optionee was granted the Option hereunder, or (ii) one year after the date the Optionee acquired shares by exercising any part of the Option. If the Participant has died before such stock is sold, these holding period requirements do not apply and no Disqualifying Disposition can occur thereafter.