Common use of Special Tax Consequences Clause in Contracts

Special Tax Consequences. The Employee acknowledges that, to the extent that the aggregate Fair Market Value of stock with respect to which "incentive stock options" (within the meaning of Section 422 of the Code, but without regard to Section 422(d) of the Code), including the Option, are exercisable for the first time by the Employee during any calendar year (under the Plan and all other incentive stock option plans of the Company, any Subsidiary and any parent corporation thereof (within the meaning of Section 422 of the Code)) exceeds $100,000, such options shall be treated as Non-Qualified Options to the extent required by Section 422 of the Code. The Employee further acknowledges that the rule set forth in the preceding sentence shall be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value of stock shall be determined as of the time the option with respect to such stock is granted.

Special Tax Consequences. The Employee acknowledges that, to the extent that the aggregate Fair Market Value of stock with respect to which "“incentive stock options" ” (within the meaning of Section 422 of the Code, but without regard to Section 422(d) of the Code), including the Option, are exercisable for the first time by the Employee during any calendar year (under the Plan and all other incentive stock option plans of the Company, any Subsidiary and any parent corporation thereof (within the meaning of Section 422 of the Code)) exceeds $100,000, such options shall be treated as Non-Qualified Options to the extent required by Section 422 of the Code. The Employee further acknowledges that the rule set forth in the preceding sentence shall be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value of stock shall be determined as of the time the option with respect to such stock is granted.

Special Tax Consequences. The Employee Optionee acknowledges that, to the extent that the aggregate Fair Market Value of stock with respect to which "incentive stock options" Incentive Stock Options (within the meaning of Section 422 of the Code, but without regard to Section 422(d) of the Code), including the Option, are exercisable for the first time by the Employee Optionee during any calendar year (under the Plan and all other incentive stock option plans of the Company, any Subsidiary and any parent corporation thereof (within the meaning of Section 422 of the Code)) exceeds $100,000, the Option and such other options shall be treated as Non-Qualified Options to the extent required by not qualifying under Section 422 of the CodeCode but rather shall be taxed as Non-Qualified Stock Options. The Employee Optionee further acknowledges that the rule set forth in the preceding sentence shall be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value of stock Stock shall be determined as of the time the option with respect to such stock Stock is granted.

Special Tax Consequences. The Employee Option Holder acknowledges that, to the extent that the aggregate Fair Market Value of stock with respect to which "“incentive stock options" ” (within the meaning of Section 422 of the Code, but without regard to Section 422(d) of the Code), including the this Option, are exercisable for the first time by the Employee Option Holder during any calendar year (under the Plan and all other incentive stock option plans of the Company, any Subsidiary and any parent corporation thereof (within the meaning of Section 422 of the Code)) exceeds $100,000, such options shall be treated as Non-Qualified Nonstatutory Options to the extent required by Section 422 of the Code. The Employee Option Holder further acknowledges that the rule set forth in the preceding sentence shall be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value of stock shall be determined as of the time the option Option with respect to such stock is granted.

Special Tax Consequences. The Employee Optionee acknowledges that, to the extent that the aggregate Fair Market Value of stock Common Stock with respect to which "“incentive stock options" ” (within the meaning of Section 422 of the Code, but without regard to Section 422(d) of the Code), including the Option, are exercisable for the first time by the Employee Optionee during any calendar year (under the Plan and all other incentive stock option plans of the Company, any Subsidiary and any parent corporation thereof (within the meaning of Section 422 of the Code)) exceeds $100,000, such options shall be treated as Non-Qualified Options to the extent required by Section 422 of the Code. The Employee Optionee further acknowledges that the rule set forth in the preceding sentence shall be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value of stock Common Stock shall be determined as of the time the option with respect to such stock Common Stock is granted.

Special Tax Consequences. The Employee Optionee acknowledges that, to the extent that the aggregate Fair Market Value of stock with respect to which "incentive stock options" Incentive Stock Options (within the meaning of Section 422 of the Code, but without regard to Section 422(d) of the Code), including the Option, are exercisable for the first time by the Employee Optionee during any calendar year (under the Plan and all other incentive stock option plans of the Company, any Subsidiary subsidiary corporation and any parent corporation thereof (each within the meaning of Section 422 of the Code)) exceeds $100,000, the Option and such other options shall be treated as Non-Qualified Options to the extent required by not qualifying under Section 422 of the CodeCode but rather shall be taxed as Non-Qualified Stock Options. The Employee Optionee further acknowledges that the rule set forth in the preceding sentence shall be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value of stock Stock shall be determined as of the time the option with respect to such stock Stock is granted.

Special Tax Consequences. The Employee acknowledges that, to the extent that the aggregate Fair Market Value of stock with respect to which "incentive stock options" (within the meaning of Section 422 of the Code, but without regard to Section 422(d) of the Code), including the Option, are exercisable for the first time by the Employee during any calendar year (under the Plan and all other incentive stock option plans of the Company, any Subsidiary and any parent corporation thereof (within the meaning of Section 422 of the Code)) exceeds $100,000, such options shall be treated as Nonnon-Qualified Options qualified stock options to the extent required by Section 422 of the Code. The Employee further acknowledges that the rule set forth in the preceding sentence shall be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value of stock shall be determined as of the time the option with respect to such stock is granted.

Special Tax Consequences. The Employee acknowledges that, to the extent that the aggregate Fair Market Value of stock with respect to which "incentive stock options" (within the meaning of Section 422 of the Code, but without regard to Section 422(d) of the Code), including the Option, are exercisable for the first time by the Employee during any calendar year (under the Plan and all other incentive stock option plans of the Company, any Subsidiary and any parent corporation thereof (within the meaning of Section 422 of the Code)) exceeds $100,000, such options shall be treated as Non-Qualified Options nonqualified options to the extent required by Section 422 of the Code. The Employee further acknowledges that the rule set forth in the preceding sentence shall be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value of stock shall be determined as of the time the option with respect to such stock is granted.

Special Tax Consequences. The Employee acknowledges that, to the extent that the aggregate Fair Market Value fair market value of stock with respect to which "incentive stock options" (within the meaning of Section 422 of the Code, but without regard to Section 422(d) of the Code), including the Option, are exercisable for the first time by the Employee during any calendar year (under the Plan and all other incentive stock option plans of the Company, any Subsidiary Company and any parent corporation thereof (within the meaning of Section 422 of the Code)Company Subsidiary) exceeds $100,000, such options shall be treated as Nonnot qualifying under Section 422 of the Code but rather shall be treated as non-Qualified Options qualified options to the extent required by Section 422 of the Code. The Employee further acknowledges that the rule set forth in the preceding sentence shall be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value fair market value of stock shall be determined as of the time the option with respect to such stock is granted.

Special Tax Consequences. The Employee Optionee acknowledges that, to the extent that the aggregate Fair Market Value of stock with respect to which "incentive stock options" options (within the meaning of Section 422 of the Code, but without regard to Section 422(d) of the Code), including the Option, are exercisable for the first time by the Employee Optionee during any calendar year (under the Plan and all other incentive stock option plans of the Company, any Subsidiary and any parent corporation thereof (within the meaning of Section 422 of the Code)) exceeds $100,000, such options shall be treated as Non-Qualified Stock Options to the extent required by Section 422 of the Code. The Employee Optionee further acknowledges that the rule set forth in the preceding sentence shall be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value of stock shall be determined as of the time the option with respect to such stock is granted.]

Special Tax Consequences. The Employee Holder acknowledges that, to the extent that the aggregate Fair Market Value of stock with respect to which "“incentive stock options" ” (within the meaning of Section 422 of the Code, but without regard to Section 422(d) of the Code), including the Option, are exercisable for the first time by the Employee Holder during any calendar year (under the Plan and all other incentive stock option plans of the Company, any Subsidiary and any parent corporation thereof (within the meaning of Section 422 of the Code)) exceeds $100,000, such options shall not be treated as Non-Qualified Options “incentive stock options” to the extent required by Section 422 of the Code. The Employee Xxxxxx further acknowledges that the rule set forth in the preceding sentence shall be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value of stock shall be determined as of the time the option with respect to such stock is granted.

Special Tax Consequences. The Employee acknowledges that, to the extent that the aggregate Fair Market Value of stock with respect to which "incentive stock options" (within the meaning of Section 422 of the Code, but without regard to Section 422(d) of the Code), including the Option, are exercisable for the first time by the Employee during any calendar year (under the Plan and all other incentive stock option plans of the Company, any Subsidiary and any parent corporation thereof (within the meaning of Section 422 of the Code)) exceeds $100,000, such options shall will be treated as Non-Qualified Options to the extent required by Section 422 of the Code. The Employee further acknowledges that the rule set forth in the preceding sentence shall will be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value of stock shall will be determined as of the time the option with respect to such stock is granted.