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: Stock Option Agreement, Stock Option Agreement, Form of 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) 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 (Intellisys Group Inc), Non Qualified Stock Option Agreement (Spectranetics Corp), Non Qualified Stock Option Agreement (Intellisys Group 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 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: Dollar General Corporation (Dollar General Corp), Stock Option Award Agreement (Dollar General Corp), Dollar General (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 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 Manufacturing (Singapore) Pte. Ltd.), Non Qualified Share Option Agreement (Avago Technologies LTD), Qualified Share Option Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)

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 (Alliance Imaging Inc /De/), Non Qualified Stock Option Agreement (Corning Consumer Products Co)

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: Notice and Stock Option Agreement (Puma Biotechnology, Inc.), Stock Option Agreement (Kythera Biopharmaceuticals Inc), Stock Option Agreement (ReachLocal 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 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 (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: 1994 Stock Option Plan (Back Channel Investments Inc), 1992 Stock Option Plan (Plasmatronic Technologies Inc), Stock Option Agreement (Maritime Partners LTD)

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), Performance Incentive Stock Option Agreement (Mossimo Inc), Nonqualified Stock Option Agreement (Mossimo 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 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), Non Qualified Stock Option Agreement (Amfm 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: Share Option Award Agreement, Time Based Share Option Award Agreement (Willis Towers Watson PLC), Restricted Share Unit 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) 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) 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 Option Award Agreement (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 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) 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/), 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 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), Non Qualified Stock Option Agreement (Firstworld Communications Inc), Non Qualified Stock Option Agreement (Nextera Enterprises 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: 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: 2003 Incentive Award Plan (Gen Probe Inc), 2003 Incentive Award Plan (Gen Probe Inc), Equity Participation Plan 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 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 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 (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 (Provant Inc), Non Qualified Stock Option Agreement (Viasat Inc), Non Qualified Stock Option Agreement (Rentrak Corp)

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 3.24.2 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: Willis Partners Plan (Willis Group Holdings PLC), Option Agreement (Willis Group Holdings LTD), Willis Partners Plan (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: Stock Option Agreement (Net2000 Communications Inc), Incentive 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) 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 and Non Compete 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 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: Grant 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 (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, 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/), Form of Non Qualified 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 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 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: Non Qualified Stock Option Agreement (Libbey Inc), Incentive Stock Option Agreement (Price Legacy 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 3.2, 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 (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) 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 (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 (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: And Key Employees (Pacificare Health Systems Inc /De/), Pacificare Health Systems Inc /De/

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), 2004 Equity Incentive Plan (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: Equity Incentive Plan (Manor Care Inc), Equity Incentive Plan (Manor Care Inc)

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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) 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 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), Incentive Award Non Qualified Stock Option Agreement (Patriot Coal 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: Receivables Purchase 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 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 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) 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 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 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 hereof, 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 (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 (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 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: Preferred Stock 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) 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 Employee 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 Employee Optionee, any exercisable portion of an the Option may, prior to the time when an Option 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 Employee Optionee’s 's will or under the then applicable laws of descent and distribution.

Appears in 1 contract

Samples: Stock Option Agreement (Fountain Powerboat Industries 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) 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 (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 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: Form of 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 3.23.2 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 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 (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 (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 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: Dollar General Corporation (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 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 the lifetime of the Optionee, only he, or a Permitted Transferee, 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 of an the Option may, prior to the time when an the Option becomes unexercisable under Section 3.23.4 hereof, be exercised by his personal representative beneficiary or by any person empowered to do so under the Optionee’s will estate or under the then applicable laws of descent and distributionPermitted Transferee.

Appears in 1 contract

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

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