Common use of Notice Concerning ISO Treatment Clause in Contracts

Notice Concerning ISO Treatment. If this option is designated as an ISO in the Notice of Stock Option Grant, it ceases to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three months after the date the Optionee ceases to be an Employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (ii) more than 12 months after the date the Optionee ceases to be an Employee by reason of such permanent and total disability or (iii) after the Optionee has been on a leave of absence for more than 90 days, unless the Optionee's reemployment rights are guaranteed by statute or by contract.

Appears in 6 contracts

Samples: Stock Option Agreement (Opnext Inc), Stock Option Agreement (Adforce Inc), Stock Option Agreement (Siebel Systems Inc)

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Notice Concerning ISO Treatment. If this option is designated as an ISO in the Notice of Stock The Option Grant, it ceases shall cease to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three (3) months after the date the Optionee ceases to be an Employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (ii) more than 12 twelve (12) months after the date the Optionee ceases to be an Employee by reason of such permanent and total disability or (iii) after the Optionee has been on a leave of absence for more than 90 ninety (90) days, unless the Optionee's reemployment rights are guaranteed by statute or by contract.

Appears in 2 contracts

Samples: Option Award Agreement (Banctec Inc), Option Award Agreement (Banctec Inc)

Notice Concerning ISO Treatment. If this option is designated as an ISO in the Notice of Stock Option Grant, it ceases to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three months after the date the Optionee Participant ceases to be an Employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (ii) more than 12 twelve months after the date the Optionee Participant ceases to be an Employee by reason of such permanent and total disability or (iii) after the Optionee Participant has been on a leave of absence for more than 90 days, unless the Optionee's Participant’s reemployment rights are guaranteed by statute or by contract.

Appears in 2 contracts

Samples: Stock Option Agreement (Citi Trends Inc), Stock Option Agreement (Citi Trends Inc)

Notice Concerning ISO Treatment. If this option is designated as an ISO in the Notice of Stock Option GrantISO, it ceases to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three (3) months after the date the Optionee ceases to be an Employee Optionee’s employment with, or provision of services to, xXXxX*s is terminated for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code)Disability, (ii) more than 12 six (6) months after the date the Optionee ceases to be an Employee Optionee’s employment with, or provision of services to, xXXxX*’s is terminated by reason of such permanent and total disability Disability or (iii) after the Optionee has been on a leave of absence for more than 90 days, unless the Optionee's ’s reemployment rights are guaranteed by statute or by contract.

Appears in 2 contracts

Samples: Stock Option Agreement (dELiAs, Inc.), Stock Option Agreement (dELiAs, Inc.)

Notice Concerning ISO Treatment. If this option is designated as an ISO in the Notice of Stock Option GrantNotice, it ceases to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three (3) months after the date the Optionee ceases to be an Employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (ii) more than 12 twelve (12) months after the date the Optionee ceases to be an Employee by reason of such permanent and total disability or (iii) after the Optionee has been on a leave of absence for more than 90 ninety (90) days, unless the Optionee's ’s reemployment rights are guaranteed by statute or by contract.

Appears in 2 contracts

Samples: Stock Option Agreement (Citadel Broadcasting Corp), Stock Option Agreement (Citadel Broadcasting Corp)

Notice Concerning ISO Treatment. If this option is designated as an ISO in the Notice of Stock Option GrantNotice, it ceases to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three (3) months after the date the Optionee ceases to be an Employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (ii) more than 12 twelve (12) months after the date the Optionee ceases to be an Employee by reason of such permanent and total disability or (iii) after the Optionee has been on a leave of absence for more than 90 ninety (90) days, unless the Optionee's reemployment rights are guaranteed by statute or by contract.

Appears in 1 contract

Samples: Stock Option Agreement (Fidelity National Financial Inc /De/)

Notice Concerning ISO Treatment. If Even if this option is designated as an ISO in the Notice of Stock Option Grant, it ceases to qualify for favorable tax treatment as an ISO to the extent that it is exercised exercised: (i) more More than three months after the date when the Optionee ceases to be an Employee in continuous Service for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), ; (ii) more More than 12 months after the date when the Optionee ceases to be an Employee in continuous Service by reason of such permanent and total disability or (as defined in Section 22(e)(3) of the Code); or (iii) More than three months after the date when the Optionee has been on a leave of absence for more than 90 days, unless the Optionee's ’s reemployment rights are following such leave were guaranteed by statute or by contract.

Appears in 1 contract

Samples: Global Stock Option Agreement (Eventbrite, Inc.)

Notice Concerning ISO Treatment. If this option is designated as an ISO in the Notice of Stock The Option Grant, it ceases shall cease to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three (3) months after the date the Optionee ceases to be an Employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (ii) more than 12 twelve (12) months after the date the Optionee ceases to be an Employee by reason of such permanent and total disability or (iii) after the Optionee has been on a leave of absence for more than 90 ninety (90) days, unless the Optionee's ’s reemployment rights are guaranteed by statute or by contract.

Appears in 1 contract

Samples: Option Award Agreement (Banctec Inc)

Notice Concerning ISO Treatment. If this option is designated as an ISO in the Notice of Stock Option Grant, it ceases to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three months after the date the Optionee ceases to be an Employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (ii) more than 12 months after the date the Optionee ceases to be an Employee by reason of such permanent and total disability or (iii) after the Optionee has been on a leave of absence for more than 90 days, unless the Optionee's ’s reemployment rights are guaranteed by statute or by contract. Additionally, if this option is designated on an ISO, the provisions of this Agreement shall be subject to other restrictions and limitations regarding ISOs as set forth in the Plan.

Appears in 1 contract

Samples: Stock Option Agreement (Comverge, Inc.)

Notice Concerning ISO Treatment. If this option is designated as an ISO in the Notice of Stock Option Grant, it ceases to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three months after the date the Optionee ceases to be an Employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (ii) more than 12 months after the date the Optionee ceases to be an Employee by reason of such permanent and total disability disability, or (iii) after the Optionee has been on a leave of absence for more than 90 days, unless the Optionee's reemployment rights are guaranteed by statute or by contract.

Appears in 1 contract

Samples: Stock Option Agreement (TPT Global Tech, Inc.)

Notice Concerning ISO Treatment. If this option is designated as an ISO in the Notice of Stock Option GrantGrant Notice, it ceases to qualify for favorable tax treatment as an ISO to the extent it is exercised (ia) more than three (3) months after the date the Optionee ceases you cease to be an Employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (iib) more than 12 twelve (12) months after the date the Optionee ceases you cease to be an Employee by reason of such death or permanent and total disability disability, or (iiic) after the Optionee has you have been on a leave of absence for more than 90 ninety (90) days, unless the Optionee's your reemployment rights are guaranteed by statute or by contract.

Appears in 1 contract

Samples: Stock Option Agreement (Gilead Sciences Inc)

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Notice Concerning ISO Treatment. If this option is designated as an ISO in the Notice of Stock Option Grant, it ceases to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three months after the date the Optionee ceases to be an Employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (ii) more than 12 months after the date the Optionee ceases to be an Employee by reason of such permanent and total disability or (iii) after the Optionee has been on a leave of absence for more than 90 days, unless the Optionee's reemployment rights are guaranteed by statute or by contract.

Appears in 1 contract

Samples: Stock Option Agreement (Selectica Inc)

Notice Concerning ISO Treatment. If this option Since the Option is designated as an ISO in the Notice of Stock Option Grant(as noted above), it ceases to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three months after the date the Optionee ceases to be an Employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (ii) more than 12 months after the date the Optionee ceases to be an Employee by reason of such permanent and total disability or (iii) after the Optionee has been on a leave of absence for more than 90 days, unless the Optionee's reemployment rights are guaranteed by statute or by contract.

Appears in 1 contract

Samples: Stock Option Agreement (Trega Biosciences Inc)

Notice Concerning ISO Treatment. If this option is designated as an ISO in the Notice of Stock Option Grant, it ceases to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three months after the date the Optionee ceases to be an Employee employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (ii) more than 12 months after the date the Optionee ceases to be an Employee employee by reason of such permanent and total disability or (iii) after the Optionee has been on a leave of absence for more than 90 daysthree months, unless the Optionee's ’s reemployment rights are guaranteed by statute or by contract.

Appears in 1 contract

Samples: Employment Agreement (Midway Gold Corp)

Notice Concerning ISO Treatment. If this option Option is designated as an ISO in the Notice of Stock Option GrantExercise, it ceases to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three (3) months after the date the Optionee ceases to be an Employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (ii) more than 12 twelve (12) months after the date the Optionee ceases to be an Employee by reason of such permanent and total disability or (iii) after the Optionee has been on a leave of absence for more than 90 ninety (90) days, unless the Optionee's ’s reemployment rights are guaranteed by statute or by contract.

Appears in 1 contract

Samples: Stock Option Award Agreement (Berliner Communications Inc)

Notice Concerning ISO Treatment. If this option Option is designated as an ISO in the Notice of Stock Option Grant, it ceases to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three months after the date the Optionee ceases to be an Employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (ii) more than 12 months after the date the Optionee ceases to be an Employee by reason of such permanent and total disability or (iii) after the Optionee has been on a leave of absence for more than 90 days, unless the Optionee's reemployment rights are guaranteed by statute or by contract.

Appears in 1 contract

Samples: Stock Option Agreement (Driveway Corp)

Notice Concerning ISO Treatment. If this option is designated as an ISO in the Notice of Stock Option Grant, it ceases to qualify for favorable tax treatment as an ISO to the extent it is exercised (i) more than three months after the date the Optionee ceases to be an Employee for any reason other than death or permanent and total disability (as defined in Section 22(e)(3) of the Code), (ii) more than 12 months after the date the Optionee ceases to be an Employee by reason of such permanent and total disability or (iii) after the Optionee has been on a leave of absence for more than 90 days, unless the Optionee's ’s reemployment rights are guaranteed by statute or by contract.

Appears in 1 contract

Samples: Stock Option Agreement (DigitalFX International Inc)

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