Common use of Limitation on Exercisability Clause in Contracts

Limitation on Exercisability. Notwithstanding any other provision hereof, including, without limitation, Sections 4, 9 and 10, the Shares that may be purchased for the first time during any calendar year pursuant to the Option, together with any other options issued to the Optionee by the Corporation intended to be incentive stock options (as defined in Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or subsequent comparable statute (the "Code")), shall not have a Fair Market Value (as defined in Section 9 hereof and determined as of the respective Grant Dates of such options) in excess of $100,000.

Appears in 3 contracts

Samples: Employment Agreement (Apache Medical Systems Inc), Employment Agreement (Apache Medical Systems Inc), Employment Agreement (Apache Medical Systems Inc)

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Limitation on Exercisability. Notwithstanding any other provision hereof, hereof (including, without limitation, Sections 4, 9 and 10, the Shares that may be purchased for the first time during any calendar year pursuant to the Option, together with any other options issued to the Optionee by the Corporation intended to be incentive stock options (as defined in Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or subsequent comparable statute (the "Code")), shall not have a Fair Market Value fair market value (as defined in Section 9 hereof and determined as of the respective Grant Dates of such options) in excess of $100,000.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Apache Medical Systems Inc)

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