Common use of Qualification as an Incentive Stock Option Clause in Contracts

Qualification as an Incentive Stock Option. The Optionee understands that the Option is intended to qualify as an “incentive stock option” within the meaning of Section 422 of the Code. The Optionee must meet certain holding periods under Section 422(a) of the Code to obtain the federal income tax treatment applicable to the exercise of incentive stock options and the disposition of Shares acquired thereby. The Optionee further understands that the exercise price of Shares subject to this Option has been set by the Committee at a price that the Committee determined to be not less than 100% (or, if the Optionee, at the Grant Date, owned more than 10% of the total combined voting power of the Company’s outstanding voting securities, 110%) of the Fair Market Value, as determined in accordance with the Plan, of a share of Common Stock on the Grant Date. The Optionee further understands and agrees, however, that neither the Company nor the Committee shall be liable or responsible for any additional tax liability incurred by the Optionee in the event that the Internal Revenue Service for any reason determines that this Option does not qualify as an “incentive stock option” within the meaning of the Code.

Appears in 3 contracts

Samples: Incentive Stock Option Agreement (Petroquest Energy Inc), Incentive Stock Option Agreement (Petroquest Energy Inc), Incentive Stock Option Agreement (Petroquest Energy Inc)

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Qualification as an Incentive Stock Option. The Optionee understands that the Option is intended to qualify as an "incentive stock option" within the meaning of Section 422 of the Code. The Optionee must meet certain holding periods under Section 422(a) of the Code to obtain the federal income tax treatment applicable to the exercise of incentive stock options and the disposition of Shares shares acquired thereby. The Optionee further understands that the exercise price of Shares subject to this Option has been set by the Committee at a price that the Committee determined to be not less than 100% (or, if the Optionee, at the Grant Date, owned more than 10% of the total combined voting power of the Company’s 's outstanding voting securities, 110%) of the Fair Market Value, as determined in accordance with the Plan, of a share of Common Stock on the Grant Date. The Optionee further understands and agrees, however, that neither the Company nor the Committee shall not be liable or responsible for any additional tax liability incurred by the Optionee in the event that the Internal Revenue Service for any reason determines that this Option does not qualify as an "incentive stock option" within the meaning of the Code.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Industrial Holdings Inc), Incentive Stock Option Agreement (Omnilynx Communications Corp)

Qualification as an Incentive Stock Option. The Optionee understands that the Option is intended to qualify as an “incentive stock option” within the meaning of Code Section 422 of the Code422. The Optionee must meet certain grant size limitations, holding periods under period, and other conditions set forth in Code Section 422(a) of the Code 422 to obtain the federal income tax treatment applicable to the exercise of incentive stock options and the disposition of Shares shares acquired thereby. The Optionee further understands that the exercise price of Shares subject to this the Option has been set by the Committee at a price that the Committee determined to be not less than 100% (or, if the Optionee, at the Grant Date, owned more than 10% of the total combined voting power of the Company’s outstanding voting securities, 110%) of the Fair Market Value, as determined in accordance with the Plan, of a share of Common Stock on the Grant Date. The Optionee further understands acknowledges and agrees, however, agrees that neither the Company nor the Committee shall not be liable or responsible for any additional tax liability incurred by the Optionee in the event that the Internal Revenue Service for any reason determines that this Option does not qualify as an “incentive stock option” within the meaning of the CodeCode Section 422.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Consolidated Graphics Inc /Tx/), Incentive Stock Option Agreement (Consolidated Graphics Inc /Tx/)

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Qualification as an Incentive Stock Option. The Optionee Participant understands that the Option is intended to qualify as an “incentive stock option” within the meaning of Section 422 of the Code, subject to the limitations of Section 422 of the Code. The Optionee Participant must meet certain holding periods under Section 422(a) of the Code to obtain the federal income tax treatment applicable to the exercise of incentive stock options and the disposition of Shares acquired thereby. The Optionee Participant further understands that the exercise price Option Price of Shares subject to this Option has been set by the Committee at a price that the Committee determined to be not less than 100% (or, if the OptioneeParticipant, at the Grant Date, owned more than 10% of the total combined voting power of the Company’s outstanding voting securities, 110%) of the Fair Market Value, as determined in accordance with the Plan, of a share of Common Stock Share on the Grant Date. The Optionee Participant further understands and agrees, however, that neither the Company nor the Committee shall be liable or responsible for any additional tax liability incurred by the Optionee Participant in the event that the Internal Revenue Service for any reason determines that this Option does not qualify as an “incentive stock option” within the meaning of the Code.

Appears in 1 contract

Samples: Stock Option Award Agreement (Petroquest Energy Inc)

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