Limitation on Yearly Exercise. To the extent that aggregate Fair Market Value (determined on the date each ISO is granted) of the Shares with respect to which ISOs are exercisable for the first time by the Participant in any calendar year exceeds $100,000, such Options shall be treated as Non-Qualified Options even if denominated ISOs at grant.
Appears in 4 contracts
Samples: Merger Agreement (D8 Holdings Corp.), Business Combination Agreement (HighCape Capital Acquisition Corp.), Business Combination Agreement (HighCape Capital Acquisition Corp.)
Limitation on Yearly Exercise. To The Option Agreements shall restrict the extent amount of ISOs which may become exercisable in any calendar year (under this or any other ISO plan of the Company or an Affiliate) so that the aggregate Fair Market Value (determined on the date each ISO is granted) of the Shares stock with respect to which ISOs are exercisable for the first time by the Participant in any calendar year exceeds does not exceed $100,000, such Options shall be treated as Non-Qualified Options even if denominated ISOs at grant.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Gi Dynamics, Inc.), Stock Option Agreement (Orgenesis Inc.)
