Common use of Person Eligible to Exercise Clause in Contracts

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 43 contracts

Samples: Non Qualified Stock Option Agreement, Stock Option Agreement, Stock Option Agreement (Fiserv Inc)

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Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.2, be exercised by his the Optionee’s personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 12 contracts

Samples: Stock Option Award Agreement (Dollar General Corp), Stock Option Award Agreement (Dollar General Corp), Stock Option Award Agreement (Dollar General Corp)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 12 contracts

Samples: Non Qualified Stock Option Agreement (Spectranetics Corp), Stock Option Agreement (Network Appliance Inc), Non Qualified Stock Option Agreement (Comps Com Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s last will and testament or under the then applicable laws of descent and distribution.

Appears in 11 contracts

Samples: Stock Option Agreement (Laureate Education, Inc.), Stock Option Agreement (Laureate Education, Inc.), Stock Option Agreement (Laureate Education, Inc.)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 11 contracts

Samples: Non Qualified Share Option Agreement (Avago Technologies LTD), Non Qualified Share Option Agreement (Avago Technologies LTD), Non Qualified Stock Option Agreement (Alliance Imaging Inc /De/)

Person Eligible to Exercise. During Except as provided in Section 5.2 hereof, during the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3 hereof, be exercised by his the deceased Optionee’s personal representative or by any person empowered to do so under the deceased Optionee’s will or under the then then-applicable laws of descent and distribution.

Appears in 10 contracts

Samples: Stock Option Agreement (Puma Biotechnology, Inc.), Stock Option Agreement (Kythera Biopharmaceuticals Inc), Nonqualified Inducement Stock Option Grant (ReachLocal Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 10 contracts

Samples: Non Qualified Stock Option Agreement (Alliance Imaging Inc /De/), Non Qualified Stock Option Agreement (Primedia Inc), Non Qualified Stock Option Agreement (Alliance Imaging Inc /De/)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (he or his or her duly authorized legal representative) she may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.2unexercisable, be exercised by his or her personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 9 contracts

Samples: Stock Option Agreement (Plasmatronic Technologies Inc), Stock Option Agreement (Helsinki Capital Partners Inc), Stock Option Agreement (Nanotech Corp)

Person Eligible to Exercise. During Except as provided in Sections 5.2(b) and 5.2(c), during the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his the Optionee’s personal representative or by any person empowered to do so under the deceased the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 9 contracts

Samples: Stock Option Agreement (ReachLocal Inc), Stock Option Agreement (ReachLocal Inc), Stock Option Agreement (ReachLocal Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 8 contracts

Samples: Non Qualified Stock Option Agreement (Alliance HealthCare Services, Inc), Nonqualified Performance Stock Option Agreement (Mossimo Inc), Non Qualified Stock Option Agreement (Domain Energy Corp)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 7 contracts

Samples: Non Qualified Stock Option Agreement (Amfm Inc), Non Qualified Stock Option Agreement (Amfm Inc), Incentive Stock Option Agreement (Petco Animal Supplies Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then then-applicable laws of descent and distributioninheritance.

Appears in 6 contracts

Samples: Time Based Share Option Award Agreement, Time Based Share Option Award Agreement (Willis Towers Watson PLC), Employment Agreement (Willis Group Holdings PLC)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 5 contracts

Samples: Employment Agreement (Energy Future Holdings Corp /TX/), Employment Agreement (Energy Future Holdings Corp /TX/), Employment Agreement (Energy Future Holdings Corp /TX/)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.22.3, be exercised by his the Optionee’s personal representative or by any person empowered to do so under the deceased Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 5 contracts

Samples: Stock Option Agreement (Cherokee Inc), Stock Option Agreement (Cherokee Inc), Stock Option Agreement (Cherokee Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distributioninheritance.

Appears in 5 contracts

Samples: Share Option Award Agreement (Willis Group Holdings PLC), Share Purchase and Option Plan (Willis Group Holdings PLC), Option Agreement (Willis Group Holdings PLC)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 4 contracts

Samples: Non Qualified Stock Option Agreement (Energy Future Holdings Corp /TX/), Non Qualified Stock Option Agreement (Energy Future Holdings Corp /TX/), Non Qualified Stock Option Agreement (Energy Future Holdings Corp /TX/)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 4 contracts

Samples: Stock Option Agreement (ITC Holdings Corp.), Stock Option Agreement (ITC Holdings Corp.), Stock Option Agreement (ITC Holdings Corp.)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3 hereof or as otherwise provided under the Plan, be exercised by his the Optionee's personal representative or by any person empowered to do so under the deceased Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 4 contracts

Samples: Non Qualified Stock Option Agreement (Nextera Enterprises Inc), Incentive Stock Option Agreement (Firstworld Communications Inc), Non Qualified Stock Option Agreement (Firstworld Communications Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (he or his guardian or her duly authorized legal representative) representative may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distributionBeneficiary.

Appears in 4 contracts

Samples: Executive Employment Agreement (First Washington Realty Trust Inc), Employment Agreement (First Washington Realty Trust Inc), Employment Agreement (First Washington Realty Trust Inc)

Person Eligible to Exercise. During Subject to Section 5.2, during the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his the Optionee’s personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 4 contracts

Samples: Employee Stock Option Agreement (Gen Probe Inc), Employee Stock Option Agreement (Gen Probe Inc), Stock Option Agreement (Gen Probe Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an this Option or any portion thereof. After the death of the Optionee, any exercisable portion of an this Option may, prior to the time when an this Option becomes unexercisable under Section 3.23.3, be exercised by his or her personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 3 contracts

Samples: Stock Option Agreement (Rockwell Medical, Inc.), Stock Option Agreement (Rockwell Medical, Inc.), Contingent Stock Option Agreement (Rockwell Medical, Inc.)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (he or his guardian or her duly authorized legal representative) representative may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 3 contracts

Samples: Nonqualified Stock Option Agreement (Morrison Knudsen Corp//), Nonqualified Stock Option Agreement (Morrison Knudsen Corp//), Nonqualified Stock Option Agreement (Morrison Knudsen Corp//)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.03, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 3 contracts

Samples: Employment Agreement (Autozone Inc), Non Qualified Stock Option Agreement (Autozone Inc), Non Qualified Stock Option Agreement (KFX Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.24.2 hereof, be exercised by his Optionees’s personal representative or by any person empowered to do so under the Optioneedeceased Optionees’s will or under the then applicable laws of descent and distribution.

Appears in 3 contracts

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

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distributioninheritance.

Appears in 3 contracts

Samples: Option Agreement (Willis Group Holdings PLC), Option Agreement (Willis Group Holdings LTD), Option Agreement (Willis Group Holdings LTD)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an Option the option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option the option may, prior to the time when an Option the option becomes unexercisable under Section 3.2the terms of the Plan or the Agreement, be exercised by his the Optionee's personal representative or by any other person empowered to do so under the Optionee’s will 's will, trust or under the then applicable laws of descent and distribution.

Appears in 3 contracts

Samples: Incentive Stock Option Agreement (Net2000 Communications Inc), Stock Option Agreement (Net2000 Communications Inc), Incentive Stock Option Agreement (Net2000 Communications Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the deceased Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Rentrak Corp), Non Qualified Stock Option Agreement (Viasat Inc), Non Qualified Stock Option Agreement (Provant Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his the Optionee’s personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Stock Option Agreement (Rockwood Holdings, Inc.), Stock Option Agreement (Rockwood Holdings, Inc.)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distributionEligible Representative.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Walter Energy, Inc.), Non Qualified Stock Option Agreement (Walter Energy, Inc.)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his the Optionee’s personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Inovio Pharmaceuticals, Inc.), Incentive Award Agreement (Micrel Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only he or she, or in the Optionee (or event of Disability his or her duly authorized legal representative) representative or conservator, may exercise an this Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.4, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will her beneficiary or under the then applicable laws of descent and distributionestate or Permitted Transferee.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Patriot Coal CORP), Non Qualified Stock Option Agreement (Patriot Coal CORP)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (he or his or her duly authorized legal representative) she may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his or her personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Accuride Corp), Non Qualified Stock Option Agreement (Accuride Corp)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option that is exercisable on the date of Optionee’s death may, prior to the time when an the Option becomes unexercisable under may no longer be exercised pursuant to the provisions of Section 3.23.3, be exercised by his Optionee’s personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Sequoia Vaccines, Inc.), Incentive Stock Option Agreement (Immunome Inc.)

Person Eligible to Exercise. During the lifetime of the Optionee, only he, his guardian, legal representative or other person approved by the Optionee (or his or her duly authorized legal representative) Committee in its sole discretion may exercise an Option the Options or any portion thereof. After the death of the Optionee, any exercisable portion of an Option the Options may, prior to the time when an Option becomes the Options become unexercisable under Section 3.2Article III, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Pacificare Health Systems Inc /De/), Non Qualified Stock Option Agreement (Pacificare Health Systems Inc /De/)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (he or his or her duly authorized legal representative) she may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distributionher Eligible Representative.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Walter Energy, Inc.), Non Qualified Stock Option Agreement (Walter Industries Inc /New/)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then then-applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Performance Stock Option Agreement (Nielsen Holdings PLC), Performance Stock Option Agreement (Nielsen Holdings PLC)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his Optionee's personal representative or by any person empowered to do so under the deceased Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Scoop Inc/De), Non Qualified Stock Option Agreement (Scoop Inc/De)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any the exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.2, be exercised by his the Optionee’s personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Stock Option Award Agreement (Dollar General Corp), Stock Option Award Agreement (Dollar General Corp)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (he, his guardian or his or her duly authorized legal representative) representative may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.2Article III, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Pacificare Health Systems Inc /De/), Stock Option Agreement (Pacificare Health Systems Inc /De/)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section Sections 3.1 or 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Stock Option Agreement (Rockwell Medical Technologies Inc), Stock Option Agreement (Rockwell Medical Technologies Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3 hereof or as otherwise provided under the Plan, be exercised by his the Optionee’s personal representative or by any person empowered to do so under the deceased Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Nextera Enterprises Inc), Non Qualified Stock Option Agreement (Nextera Enterprises Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable un-exercisable under Section 3.23.3, be exercised by his the Optionee’s personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Non Qualified Share Option Agreement (Tanger Properties LTD Partnership /Nc/), Non Qualified Share Option Agreement (Tanger Factory Outlet Centers, Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his the Optionee's personal representative or by any person empowered to do so under the deceased Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Pricesmart Inc), Non Qualified Stock Option Agreement (Pricesmart Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an Option the option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option the option may, prior to the time when an Option the option becomes unexercisable under Section 3.2the terms of the Plan or this Agreement, be exercised by his the Optionee's personal representative or by any other person empowered to do so under the Optionee’s will 's will, trust or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Net2000 Communications Inc), Incentive Stock Option Agreement (Net2000 Communications Inc)

Person Eligible to Exercise. During Except as provided in Sections 5.2(b) and 5.2(c), during the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his Optionee’s personal representative or by any person empowered to do so under the deceased Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Stock Option Agreement (ICC Worldwide, Inc.), Stock Option Agreement (Strasbaugh)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.23.5, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (L 3 Communications Holdings Inc), Non Qualified Stock Option Agreement (L 3 Communications Holdings Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only he, or in the Optionee (event of disability his committee or his or her duly authorized legal representative) conservator, may exercise an this Option or any portion thereof. After the death of the Optionee, any exercisable portion potion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.23.4, be exercised by his personal representative beneficiary or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distributionestate.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Peabody Energy Corp), Grant Agreement (Peabody Energy Corp)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable un-exercisable under Section 3.23.3, be exercised by his the Optionee's personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Non Qualified Share Option Agreement (Tanger Properties LTD Partnership /Nc/), Non Qualified Share Option Agreement (Tanger Properties LTD Partnership /Nc/)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (he or his guardian or her duly authorized legal representative) representative may exercise an the Option Right or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option Right may, prior to the time when an the Option Right becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Option Rights Agreement (Washington Group International Inc), Option Rights Agreement (Washington Group International Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Manor Care Inc), Non Qualified Stock Option Agreement (Manor Care Inc)

Person Eligible to Exercise. During Except as provided in Section 5.2, during the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the deceased Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Price Legacy Corp), Non Qualified Stock Option Agreement (Libbey Inc)

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Person Eligible to Exercise. During Except as otherwise provided in Section 5.2 of this Agreement, during the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Borden Chemical Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.2 or Section 3.3, be exercised by his the Optionee’s personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.. ​

Appears in 1 contract

Samples: Stock Option Award Agreement (Dollar General Corp)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof, or, to the extent the Option or any portion thereof is transferred in accordance with the terms of the Plan and this Agreement, such transferee may exercise the Option or such portion thereof so transferred. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Stock Option Agreement (Health Care Property Investors Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his a beneficiary designated by the Optionee, the Optionee’s personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Merger Agreement (Hycor Biomedical Inc /De/)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.2 or Section 3.3, be exercised by his the Optionee’s personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Stock Option Award Agreement (Dollar General Corp)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Stock Option Agreement (ITC Holdings Corp.)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (he or his or her duly authorized legal representative) she may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.2unexercisable, be exercised by his or her personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Biolase Technology Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (he or his or her duly authorized legal representative) she may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an the Option becomes unexercisable under Section 3.2, be exercised by his personal representative the executor or administrator of the Optionee's estate or by any person or persons empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Global Crossing LTD)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (he or his or her duly authorized legal representative) she may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an the Option becomes unexercisable under Section 3.2, be exercised by his personal representative the executor or administrator of the Optionee’s estate or by any person or persons empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Global Crossing LTD)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) appointed attorney-in-fact may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.23.3, be exercised by his or her personal representative or by any person Person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Employment Agreement (At&t Capital Corp /De/)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.under

Appears in 1 contract

Samples: Stock Option Agreement

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an Option the option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option the option may, prior to the time when an Option the option becomes unexercisable under Section 3.2the terms of this Agreement, be exercised by his the Optionee's personal representative or by any other person empowered to do so under the Optionee’s will 's will, trust or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Net2000 Communications Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only he or she, or a Permitted Transferee, or in the Optionee (or event of Disability his or her duly authorized legal representative) committee or conservator, may exercise an this Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.4, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will her beneficiary or under the then applicable laws of descent and distributionestate or Permitted Transferee.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Peabody Energy Corp)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Stock Option Agreement (First Data Corp)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his a beneficiary designated by the Optionee, the Optionee's personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Stratagene Corp)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an Option the option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.2, be exercised by his the Optionee's personal representative or by any person empowered to do so under the Optionee’s deceased optionee's will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Stock Option Agreement (Fremont General Corp)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an Option the option becomes unexercisable and expires under Section 3.22.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (RJR Nabisco Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his or her personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Non Employee Director Stock Option Agreement (Dollar General Corp)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an this Option or any portion thereof. After the death of the Optionee, any exercisable portion of an this Option may, prior to the time when an this Option becomes unexercisable under Section 3.2pursuant to the terms of this Agreement, be exercised by his or her personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Stock Option Agreement (Rockwell Medical, Inc.)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the deceased Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Griffin Land & Nurseries Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Non Employee Director Stock Option Agreement (Rockwood Holdings, Inc.)

Person Eligible to Exercise. During Except as provided in Section 5.2(b), during the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his the Optionee’s personal representative or by any person empowered to do so under the deceased the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Stock Option Agreement (ReachLocal Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) appointed attorney-in-fact may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, 3.3. be exercised by his or her personal representative or by any person Person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Stock Option Agreement (At&t Capital Corp /De/)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then then-applicable laws of descent and distribution.

Appears in 1 contract

Samples: Stock Option Agreement (Nielsen Holdings B.V.)

Person Eligible to Exercise. During Subject to Section 5.2(c) during the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his the Optionee’s personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Gen Probe Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section Sections 3.1 or 3.2, be exercised by his or her personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Stock Option Agreement (Rockwell Medical, Inc.)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (he or his or her duly authorized legal representative) she may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Stock Option Agreement (Proxim Corp)

Person Eligible to Exercise. During the lifetime of the Optionee, only the such Optionee (or his or her duly authorized legal representative) may exercise an Option (or any portion thereof) granted to such Optionee. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option such portion becomes unexercisable under Section 3.2the Plan or the applicable Stock Option Agreement, be exercised by his personal representative or by any person empowered to do so under the such Optionee’s will or under the then applicable laws of descent and distribution.'s Beneficiary. "

Appears in 1 contract

Samples: Annual Report

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an the Option or any portion thereof, or, to the extent the Option, or any portion thereof, is transferred in accordance with the terms of the Plan, such transferee may exercise the Option or such portion thereof so transferred. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Stock Option Agreement (Varco International Inc /De/)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an the Option or any portion thereof. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.2, be exercised by his personal representative or by any person empowered to do so under the Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Subscription Agreement (Safeway Inc)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.inheritance. 6

Appears in 1 contract

Samples: Share Option Award Agreement (Willis Group Holdings PLC)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) he may exercise an the Option or any portion thereof, or, to the extent the Option or any portion thereof is transferred in accordance with the terms of the Plan, such transferee may exercise the Option or such portion thereof so transferred. After the death of the Optionee, any exercisable portion of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.3, be exercised by his personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Stock Option Agreement (Varco International Inc /De/)

Person Eligible to Exercise. During the lifetime of the Optionee, only the Optionee (or his or her duly authorized legal representative) may exercise an Option or any portion thereof. After the death of the Optionee, any exercisable portion of an Option may, prior to the time when an Option becomes unexercisable under Section 3.2, be exercised by his Optionee’s personal representative or by any person empowered to do so under the Optionee’s will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Blue Buffalo Pet Products, Inc.)

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