Common use of Second Option Clause in Contracts

Second Option. Subject to approval by the Board, as soon as administratively practicable following the Effective Date, Executive shall be granted a stock option to purchase 750,000 shares of the Company's Common Stock at an exercise price equal to the fair market value of such common stock on the date of grant (the "Second Option"). The First Option together with the Second Option shall each be referred to as an "Option" and collectively as the "Options." The Second Option shall vest as to 100% of the shares subject to such Option five (5) years following its date of grant. Notwithstanding the foregoing, if within six (6) months following the Effective Date the Board approves the Executive's business plan for the Company, which such approval shall not be unreasonably withheld, the Second Option shall vest as to 25% of the shares subject to such Option eighteen (18) months following the Effective Date, and as to 1/48th of the shares subject to such Option monthly thereafter, so that the Second Option will be fully vested and exercisable fifty-four (54) months from the Effective Date, subject to Executive's continued service to the Company on the relevant vesting dates. The Second Option will be subject to the terms, definitions and provisions of the Option Plan and the stock option agreement to be executed by Executive and the Company (the "Second Option Agreement"), both of which documents are to be approved by the Board and will be at that time incorporated herein by reference. The First Option Agreement together with the Second Option Agreement shall each be referred to as the "Option Agreement" or collectively as the "Option Agreements."

Second Option. Subject to approval by the Board, as soon as ------------- administratively practicable following the Effective Date, Executive shall be granted a stock option to purchase 750,000 250,000 shares of the Company's Common Stock at an exercise price equal to the fair market value of such common stock on the date of grant (the "Second Option"). The First Option together with the Second Option shall each be referred to as an "Option" and collectively as the "Options." The Second Option shall vest as to 100% of the shares subject to such Option five (5) years following its date of grant. Notwithstanding the foregoing, if within six (6) months following the Effective Date the Board approves the Executive's business plan for the CompanyCompany (prepared jointly by the CEO, COO and CFO), which such approval shall not be unreasonably withheld, the Second Option shall vest as to 25% of the shares subject to such Option eighteen (18) months following the Effective Date, and as to 1/48th of the shares subject to such Option monthly thereafter, so that the Second Option will be fully vested and exercisable fifty-four (54) months from the Effective Date, subject to Executive's continued service to the Company on the relevant vesting dates. The Second Option will be subject to the terms, definitions and provisions of the Option Plan and the stock option agreement to be executed by Executive and the Company (the "Second Option Agreement"), both of which documents are to be approved by the Board and will be at that time incorporated herein by reference. The First Option Agreement together with the Second Option Agreement shall each be referred to as the "Option Agreement" or collectively as the "Option Agreements."

Second Option. Subject Pursuant to approval by the Board, as soon as administratively practicable following provisions of the Effective DateOld Employment Agreement, Executive shall be was granted a stock option to purchase 750,000 shares of the Company's Common Stock at an exercise price equal to the fair market value of such common stock on the date of grant (the "Second Option"). The First Option together with the Second Option shall each be referred to as an "Option" and collectively as the "Options." The Second Option shall vest as Subject to 100% of the shares subject to such Option five (5) years following its date of grant. Notwithstanding the foregoingaccelerated vesting provisions set forth herein, if within six (6) months following the Effective Date and because the Board approves voted that it would deem that the Executive met the milestone for approval of Executive's business plan for the CompanyCompany (prepared jointly by the CEO, which such approval shall not be unreasonably withheldCOO and CFO) by April 8, 2002, the Second Option shall continue to vest as provided in the Old Employment Agreement (that is, as to 25% of the shares subject to such Option eighteen (18) months following the Effective Dateeffective date of the Old Employment Agreement, and as to 1/48th of the shares subject to such Option monthly thereafter, so that the Second Option will be fully vested and exercisable fifty-four (54) months from the Effective Dateeffective date of the Old Employment Agreement, subject to Executive's continued service to the Company on the relevant vesting dates). The Second Option will continue to be subject to the terms, definitions and provisions of the Option Plan and the stock option agreement to be executed by Executive and the Company (the "Second Option Agreement"), both of which documents are to be have been approved by the Board and will be at that time are incorporated herein by reference. The First Option Agreement together with the Second Option Agreement shall each be referred to as the "Option Agreement" or collectively as the "Option Agreements."

Second Option. Subject Pursuant to approval by the Board, as soon as administratively practicable following provisions of the Effective DateOld Employment Agreement, Executive shall be was granted a stock option to purchase 750,000 250,000 shares of the Company's Common Stock at an exercise price equal to the fair market value of such common stock on the date of grant (the "Second Option"). The First Option together with the Second Option shall each be referred to as an "Option" and collectively as the "Options." The Second Option shall vest as Subject to 100% of the shares subject to such Option five (5) years following its date of grant. Notwithstanding the foregoingaccelerated vesting provisions set forth herein, if within six (6) months following the Effective Date and because the Board approves voted that it would deem that the Executive met the milestone for approval of Executive's business plan for the CompanyCompany (prepared jointly by the CEO, which such approval shall not be unreasonably withheldCOO and CFO) by April 8, 2002, the Second Option shall continue to vest as provided in the Old Employment Agreement (that is, as to 25% of the shares subject to such Option eighteen (18) months following the Effective Dateeffective date of the Old Employment Agreement, and as to 1/48th of the shares subject to such Option monthly thereafter, so that the Second Option will be fully vested and exercisable fifty-four (54) months from the Effective Dateeffective date of the Old Employment Agreement, subject to Executive's continued service to the Company on the relevant vesting dates). The Second Option will continue to be subject to the terms, definitions and provisions of the Option Plan and the stock option agreement to be executed by Executive and the Company (the "Second Option Agreement"), both of which documents are to be have been approved by the Board and will be at that time are incorporated herein by reference. The First Option Agreement together with the Second Option Agreement shall each be referred to as the "Option Agreement" or collectively as the "Option Agreements."