Common use of Other Accelerated Vesting Clause in Contracts

Other Accelerated Vesting. Notwithstanding section 5 above, in the event that the Participant’s employment under the Employment Agreement terminates prior to the Expiry Date due to his death or Disability (as such term is defined in the Employment Agreement), or in the event that the Participant’s employment under the Employment Agreement is terminated prior to the Expiry Date in a termination governed by Section 8(d), 8(e) or 8(g) of the Employment Agreement (relating to terminations without cause or non-extension of the Employment Agreement by the Company) but not governed by section 6 above, the Options shall immediately become fully vested and exercisable to the extent that such Options were then scheduled to become vested or exercisable on or before the first anniversary of the Termination Date and shall remain exercisable until the earlier of (x) one year following the Termination Date and (y) the Expiry Date.

Appears in 3 contracts

Samples: Employment Agreement (NUCRYST Pharmaceuticals Corp.), Employment Agreement (NUCRYST Pharmaceuticals Corp.), Stock Option Award Agreement (NUCRYST Pharmaceuticals Corp.)

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Other Accelerated Vesting. Notwithstanding section 5 above, in the event that the Participant’s employment under the Employment Agreement terminates prior to the Expiry Date due to his death or Disability (as such term is defined in the Employment Agreement), or in the event that the Participant’s employment under the Employment Agreement is terminated prior to the Expiry Date in a termination governed by Section 8(d)4, 8(e6(d) or 8(g6(e) of the Employment Agreement (relating to terminations without cause or non-extension of the Employment Agreement by the Company) but not governed by section 6 of this Award Agreement above, the Options shall immediately become fully vested and exercisable to the extent that such Options were then scheduled to become vested or exercisable on or before the first anniversary of the Termination Date and shall remain exercisable until the earlier of (x) one year hundred and twenty (120) days following the Termination Date and (y) the Expiry Date.

Appears in 1 contract

Samples: Stock Option Award Agreement (NUCRYST Pharmaceuticals Corp.)

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