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.

Appears in 5 contracts

Samples: Incentive Stock Option Agreement (Rental Service Corp), Incentive Stock Option Agreement (Rentrak Corp), Incentive Stock Option Agreement (Rentrak Corp)

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Special Tax Consequences. (a) The Employee Optionee 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 Optionee 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 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 fair market value of stock shall be determined as of the time the option with respect to such stock is granted.

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)

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.

Appears in 4 contracts

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

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.

Appears in 4 contracts

Samples: Stock Option Agreement (Santarus Inc), Stock Option Agreement (Orion Acquisition Corp Ii), Restricted Stock Purchase Agreement (Orion Acquisition Corp Ii)

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.

Appears in 2 contracts

Samples: Form of Incentive Stock Option Agreement (Amc Entertainment Inc), Incentive Stock Option Agreement (Amc Entertainment Inc)

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.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Spectranetics Corp), Incentive Stock Option Agreement (Spectranetics Corp)

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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.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Sba Communications Corp)

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.

Appears in 1 contract

Samples: Thiokol Corp /De/

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.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Rentrak Corp)

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