Limitation on Incentive Stock Options. Notwithstanding the intent that the Option be an "incentive stock option" within the meaning of that term under Section 422 of the Code, the option will be treated as a non-qualified stock option to the extent that the fair market value of the shares with respect to which any incentive stock options are exercisable for the first time by Optionee during any calendar year (under all of the Company's plans and those of any of its subsidiaries) exceed $100,000. This rule shall be applied by taking any options into account in the order in which they were granted.
Appears in 6 contracts
Samples: Incentive Stock Option Agreement (Point West Capital Corp), Incentive Stock Option Agreement (Point West Capital Corp), Incentive Stock Option Agreement (Point West Capital Corp)