Limitations Applicable to Section 16 Persons. The grant of the Option pursuant to this Agreement is intended to qualify for an exemption from Section 16 of the Exchange Act pursuant to Rule 16b-3(d)(1) promulgated thereunder. To the extent such exemption is not available, notwithstanding any other provision of the Plan or this Agreement, the Option and this Agreement shall be subject to any additional limitations set forth in any applicable exemptive rule under Section 16 of the Exchange Act (including any amendment to Rule 16b-3 of the Exchange Act) that are requirements for the application of such exemption. To the extent permitted by applicable law, this Agreement shall be deemed amended to the extent necessary to conform to such applicable exemptive rule.
Appears in 4 contracts
Samples: Nonqualified Stock Option Award Agreement (Tyme Technologies, Inc.), Stock Option Agreement (Tyme Technologies, Inc.), Contingent Nonqualified Stock Option Award Agreement (Tyme Technologies, Inc.)
Limitations Applicable to Section 16 Persons. The To the extent the Optionee is subject to Section 16 of the Exchange Act, the grant of the Option pursuant to this Agreement is intended to qualify for an exemption from Section 16 of the Exchange Act thereof pursuant to Rule 16b-3(d)(116b-3(d)
(1) promulgated thereunder. To the extent such exemption is not available, notwithstanding any other provision of the Plan or this Agreement, the Option and this Agreement shall be subject to any additional limitations set forth in any applicable exemptive rule under Section 16 of the Exchange Act (including any amendment to Rule 16b-3 of the Exchange Act) that are requirements for the application of such exemption. To the extent permitted by applicable law, this Agreement shall be deemed amended to the extent necessary to conform to such applicable exemptive rule.]
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Samples: Nonqualified Stock Option Agreement (Tyme Technologies, Inc.)