Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s death and may be exercised, during Optionee’s lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section 5, be exercised following Optionee’s death. (b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may be assigned in whole or in part during Optionee’s lifetime to one or more members of Optionee’s family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s former spouse, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 14 contracts
Samples: Non Statutory Stock Option Agreement (Vitro Biopharma, Inc.), Non Statutory Stock Option Agreement (Vitro Biopharma, Inc.), Non Statutory Stock Option Agreement (Vitro Biopharma, Inc.)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s death and may be exercised, during Optionee’s lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may be assigned in whole or in part during Optionee’s lifetime to one or more members of Optionee’s family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s former spouse, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 11 contracts
Samples: Stock Option Agreement, Stock Option Agreement (Sky440, Inc.), Stock Option Agreement (Sky440, Inc.)
Limited Transferability. (a) This Except to the limited extent provided in Paragraph 3(b), this option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s death and may be exercised, during Optionee’s lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this This option may be assigned in whole or in part during Optionee’s lifetime to one or more members of Optionee’s family or to a revocable living trust established for the exclusive benefit of one Optionee or more such family members Optionee and his or to Optionee’s former spouse, to her spouse (the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations order“Trust”). The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in Trust, and the option pursuant to such assignment. The terms applicable to the that assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 10 contracts
Samples: Stock Option Agreement (Matson, Inc.), Stock Option Agreement (Matson, Inc.), Stock Option Agreement (A & B II, Inc.)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s 's death and may be exercised, during Optionee’s 's lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s 's death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s 's death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may be assigned in whole or in part during Optionee’s 's lifetime to one or more members of Optionee’s 's family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s 's former spouse, to the extent such assignment is in connection with the Optionee’s 's estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 8 contracts
Samples: Stock Option Plan (OccuLogix, Inc.), Stock Option Agreement (Simpletech Inc), Stock Option Agreement (Borland Software Corp)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or by the laws of inheritance descent and distribution following Optionee’s 's death and may be exercised, during Optionee’s 's lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s 's death while holding this such option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s 's death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may may, in connection with the Optionee's estate plan, be assigned in whole or in part during Optionee’s 's lifetime to one or more members of Optionee’s 's immediate family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s former spouse, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations ordermembers. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 5 contracts
Samples: Stock Option Agreement (Portal Software Inc), Stock Option Agreement (Softnet Systems Inc), Stock Option Agreement (Comps Com Inc)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s death and may be exercised, during Optionee’s lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may be assigned in whole or in part during Optionee’s lifetime to one or more members of the Optionee’s family Family Members or to a trust established for the exclusive benefit of Optionee and/or one or more such family members or to Optionee’s former spouseFamily Members, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 4 contracts
Samples: Stock Option Agreement, Stock Option Agreement (Sangamo Biosciences Inc), Stock Option Agreement (Sandisk Corp)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s death and may be exercised, during Optionee’s lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s death.
(b) If this option is designated As a Non-Statutory Option in the Grant NoticeOption, then this option may be assigned in whole or in part during Optionee’s lifetime to one or more members of Optionee’s family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s former spouse, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 3 contracts
Samples: Stock Option Agreement (China Intelligent Lighting & Electronics, Inc.), Stock Option Agreement (ZST Digital Networks, Inc.), Stock Option Agreement (ZST Digital Networks, Inc.)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s death and may be exercised, during Optionee’s lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and so that, if Optionee is holding this outstanding option at the time of his or her death, this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this optiondeath. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may be assigned in whole or in part during Optionee’s lifetime to one or more members of Optionee’s family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s former spouse, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 3 contracts
Samples: Stock Option Agreement (Active Network Inc), Stock Option Agreement (Active Network Inc), Stock Option Agreement (Active Network Inc)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s 's death and may be exercised, during Optionee’s 's lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section 5, be exercised following Optionee’s death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may be assigned in whole or in part during Optionee’s 's lifetime to one or more members of Optionee’s 's family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s 's former spouse, to the extent such assignment is in connection with the Optionee’s 's estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
(b) Notwithstanding the provisions of Paragraph 3(a), Optionee shall have the right to designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee's death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement.
Appears in 2 contracts
Samples: Stock Option Agreement (Kana Communications Inc), Stock Option Agreement (Kana Communications Inc)
Limited Transferability. (a) This option shall be neither transferable ----------------------- nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s 's death and may be exercised, during Optionee’s 's lifetime, only by Optionee. However, provided, however, that (i) Optionee may designate one or more -------- persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s 's death while holding this option. Such option and such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section 5Paragraph 4, be exercised following Optionee’s 's death.
, and (bii) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may be assigned in whole or in part during Optionee’s 's lifetime to one or more members of Optionee’s 's family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s 's former spouse, to the extent such assignment is in connection with the Optionee’s 's estate plan or pursuant to a domestic relations order. The , the assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The assignment and the terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 2 contracts
Samples: Stock Option Agreement (Optical Communication Products Inc), Stock Option Agreement (Optical Communication Products Inc)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance descent and distribution following Optionee’s death death, and may be exercised, exercised during Optionee’s lifetime, lifetime only by Optionee or by Optionee’s guardian or legal representative. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section 5, be exercised following Optionee’s death.
(b) If this option is designated a Non-Statutory Stock Option in the Grant Notice, then this option may be assigned in whole or in part during Optionee’s lifetime to one or more members of Optionee’s family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s former spouse, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 2 contracts
Samples: Stock Option Agreement (Alphasmart Inc), Stock Option Agreement (Alphasmart Inc)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s death and may be exercised, during Optionee’s lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may may, subject to the consent of the Plan Administrator, be assigned in whole or in part during Optionee’s lifetime to one or more members of Optionee’s family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s former spouse, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 2 contracts
Samples: Stock Option Agreement (Veritas Software Corp /De/), Stock Option Agreement (Symantec Corp)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s death and may be exercised, during Optionee’s lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shallmay, in accordance connection with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement's estate plan, including (without limitation) the limited time period during which this option may, pursuant to Section 5, be exercised following Optionee’s death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may be assigned in whole or in part during Optionee’s 's lifetime to one or more members of the Optionee’s 's immediate family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s former spouse, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations ordermembers. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
(b) Should the Optionee die while holding this option, then this option shall be transferred in accordance with Optionee's will or the laws of inheritance. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee's death while holding such option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Paragraph 5, be exercised following Optionee's death.
Appears in 2 contracts
Samples: Automatic Stock Option Agreement (Stamps Com Inc), Automatic Stock Option Agreement (Digital Island Inc)
Limited Transferability. (a) This Except to the limited extent provided in Paragraph 3(b), this option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s 's death and may be exercised, during Optionee’s 's lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s 's death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s 's death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may may, with the Plan Administrator's consent, be assigned in whole or in part during Optionee’s 's lifetime through a gratuitous transfer to one or more members of Optionee’s family 's Family Members or to a trust established for the exclusive benefit of Optionee and/or one or more such family members or to Optionee’s former spouse, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations orderFamily Members. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 2 contracts
Samples: Stock Option Agreement (Classmates Media CORP), Stock Option Agreement (Classmates Media CORP)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s 's death and may be exercised, during Optionee’s 's lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s 's death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s 's death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this This option may be assigned in whole or in part during Optionee’s 's lifetime to one or more members of Optionee’s 's family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s 's former spouse, to the extent such assignment is in connection with the Optionee’s 's estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 2 contracts
Samples: Stock Option Agreement (Graphon Corp/De), Stock Option Agreement (Graphon Corp/De)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s death and may be exercised, during Optionee’s lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may be assigned in whole or in part during the Optionee’s lifetime to one or more members of the Optionee’s family “immediate family” (as such term is defined in Rule 16a-1(e) promulgated under the 0000 Xxx) or to a an intervivos or grantor trust established exclusively for the exclusive benefit of one or more such immediate family members or to Optionee’s former spouse, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations ordermembers. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 1 contract
Samples: Stock Option Agreement (Kior Inc)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the applicable laws of inheritance following Optionee’s 's death and may be exercised, during Optionee’s 's lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this option's death. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s 's death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may be assigned in whole or in part during Optionee’s 's lifetime to one or more members of Optionee’s 's family or to a trust established for the exclusive benefit of one or more such family members or to an Optionee’s 's former spouse, to the extent such assignment is in connection with the Optionee’s 's estate plan or pursuant to a domestic relations order. The assigned portion shall of a Non-Statutory Option may only be exercisable only exercised by the person or persons who acquire a proprietary interest in the option such Non-Statutory Option pursuant to such assignment. The terms applicable to the assigned portion of a Non-Statutory Option shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 1 contract
Samples: Stock Option Agreement (Vsource Inc)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s 's death and may be exercised, during Optionee’s 's lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s 's death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s 's death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may be assigned in whole or in part during Optionee’s 's lifetime pursuant to a domestic relations order or to one or more members of Optionee’s 's immediate family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s former spouse, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations ordermembers. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 1 contract
Limited Transferability. (a) This Except as set forth in subparagraph (b) below, this option shall be neither transferable nor assignable by Optionee other than as required by law, or by will or the laws of inheritance following Optionee’s death death, and may be exercised, during Optionee’s lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this This option may be assigned in whole or in part during Optionee’s lifetime to one or more members of Optionee’s family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s former spouse, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
(c) The shares of Common Stock issued or issuable upon the exercise of this option are subject to the restrictions on transfer set forth in Section 1.8 of the Purchase Agreement.
Appears in 1 contract
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s death and may be exercised, during Optionee’s lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may be assigned in whole or in part during Optionee’s lifetime to one or more members of Optionee’s family or to a trust established for the exclusive benefit of Optionee and/or one or more such family members or to Optionee’s former spouse, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 1 contract
Samples: Stock Option Agreement (Amyris Biotechnologies Inc)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s 's death and may be exercised, during Optionee’s 's lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s 's death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section 5, be exercised following Optionee’s 's death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this option may be assigned in whole or in part during Optionee’s 's lifetime to one or more members of Optionee’s 's family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s 's former spouse, to the extent such assignment is in connection with the Optionee’s 's estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
Appears in 1 contract
Samples: Stock Option Agreement (Crocs, Inc.)
Limited Transferability. (a) This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s death and may be exercised, during Optionee’s lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s death.
(b) If this option is designated a Non-Statutory Option in the Grant NoticeNotwithstanding Paragraph 3(a) above, then this option may be assigned in whole or in part during Optionee’s lifetime to one or more members of Optionee’s family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s former spouse, to the extent such assignment is in connection with the Optionee’s estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
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Limited Transferability. (a) This Except as otherwise provided in this Paragraph 3, this option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s 's death and may be exercised, during Optionee’s 's lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s 's death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s 's death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then (with the Plan Administrator's consent) this option may be assigned in whole or in part during Optionee’s 's lifetime to one or more members of Optionee’s 's family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s former spousemembers, to the extent such assignment is in connection with the Optionee’s 's estate plan or pursuant to a domestic relations orderplan. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
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Limited Transferability. (a) a. This option shall be neither transferable nor assignable by Optionee other than by will or the laws of inheritance following Optionee’s 's death and may be exercised, during Optionee’s 's lifetime, only by Optionee. However, Optionee may designate one or more persons as the beneficiary or beneficiaries of this option, and this option shall, in accordance with such designation, automatically be transferred to such beneficiary or beneficiaries upon the Optionee’s 's death while holding this option. Such beneficiary or beneficiaries shall take the transferred option subject to all the terms and conditions of this Agreement, including (without limitation) the limited time period during which this option may, pursuant to Section Paragraph 5, be exercised following Optionee’s 's death.
(b) If this option is designated a Non-Statutory Option in the Grant Notice, then this b. This option may be assigned in whole or in part during Optionee’s 's lifetime to one or more members of Optionee’s 's family or to a trust established for the exclusive benefit of one or more such family members or to Optionee’s 's former spouse, to the extent such assignment is in connection with the Optionee’s 's estate plan or pursuant to a domestic relations order. The assigned portion shall be exercisable only by the person or persons who acquire a proprietary interest in the option pursuant to such assignment. The terms applicable to the assigned portion shall be the same as those in effect for this option immediately prior to such assignment.
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