Limitation on Amount. To the extent that the aggregate Fair Market Value (determined as of the date of grant) of the shares of Common Stock with respect to which incentive stock options (within the meaning of Section 422 of the Code) are exercisable for the first time by the Optionee during any calendar year (under the Plan and any other incentive stock option plans of the Company or any subsidiary or parent corporation of the Company (within the meaning of the Code)) exceeds $100,000 (or such other amount as may be prescribed by the Code from time to time), such excess incentive stock options will be treated as non-statutory stock options in the manner set forth in the Plan.
Appears in 16 contracts
Samples: Incentive Stock Option Agreement (Ani Pharmaceuticals Inc), Form of Incentive Stock Option Agreement (Northern Technologies International Corp), Incentive Stock Option Agreement (Ani Pharmaceuticals Inc)
Limitation on Amount. To the extent that the aggregate Fair Market Value (determined as of the date of grant) of the shares of Common Stock with respect to which one or more incentive stock options (within the meaning of Section 422 of the Code) are exercisable for the first time by the Optionee during any calendar year (under the Plan and any other incentive stock option plans of the Company or any subsidiary or parent corporation of the Company (within the meaning of the Code)) exceeds $100,000 (or such other amount as may be prescribed by the Code from time to time), such excess incentive stock options will be treated as non-statutory stock options in the manner set forth stated in the Plan.
Appears in 5 contracts
Samples: Incentive Stock Option Agreement (Southwest Casino Corp), Incentive Stock Option Agreement (Southwest Casino Corp), Incentive Stock Option Agreement (Southwest Casino Corp)
Limitation on Amount. To the extent that the aggregate Fair Market Value (determined as of the date of grantGrant Date) of the shares of Common Stock with respect to which incentive stock options (within the meaning of Section 422 of the Code) are exercisable for the first time by the Optionee during any calendar year (under the Plan and any other incentive stock option plans of the Company or any subsidiary or parent corporation of the Company (within the meaning of the Code)) exceeds $100,000 (or such other amount as may be prescribed by the Code from time to time), such excess incentive stock options will be treated as non-statutory stock options in the manner set forth in the Plan.
Appears in 3 contracts
Samples: Form of Incentive Stock Option Agreement (Northern Technologies International Corp), Stock Option Agreement (Diffusion Pharmaceuticals Inc.), Incentive Stock Option Agreement (RestorGenex Corp)