Common use of Modification of Incentive Stock Options Clause in Contracts

Modification of Incentive Stock Options. Notwithstanding the foregoing, any adjustments made pursuant to subparagraphs A, B, or C with respect to Incentive Stock Options shall be made only after the Committee, after consulting with counsel for the Company, determines whether such adjustments would constitute a “modification” of such Incentive Stock Options (as that term is defined in Section 424 of the Code) or would cause any adverse tax consequences for the holders of such Incentive Stock Options. If the Committee determines that such adjustments made with respect to Incentive Stock Options would constitute a modification of such Incentive Stock Options, it may refrain from making such adjustments.

Appears in 10 contracts

Samples: Incentive Stock Option Agreement (Biovest International Inc), Incentive Stock Option Agreement (Biovest International Inc), Incentive Stock Option Agreement (Biovest International Inc)

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