Common use of Special Tax Consequences Clause in Contracts

Special Tax Consequences. The Optionee 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 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 not qualifying under Section 422 of the Code but rather shall be taxed as non-qualified stock options. The 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. (a) The 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 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, the Option and such other options shall be treated as not qualifying under Section 422 of the Code but rather shall be taxed treated as non-qualified stock optionsoptions to the extent required by Section 422 of the Code. The 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. (b) The Optionee acknowledges that if any portion of the Option is not exercised within the applicable time period specified in Section 422 of the Code following a Termination of Employment, then such portion shall be treated as not qualifying under Section 422 of the Code but rather shall be treated as non-qualified options to the extent required under Section 422 of the Code.

Special Tax Consequences. The Optionee 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 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 not qualifying under Section 422 of the Code but rather shall be taxed as non-qualified stock options. The 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 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 Optionee during any calendar year (under the Plan and under all other incentive stock option plans permitting the issuance of Incentive Stock Options, as such plans are sponsored by the Company, any Subsidiary and Subsidiary, or any parent corporation thereof (within the meaning of Section 422 of the Code)) exceeds $100,000, the Option and such other options Options shall be treated as not qualifying under Section 422 of the Code but rather shall be taxed as nonNon-qualified stock optionsQualified Stock Options. The Optionee further acknowledges that the rule set forth in the preceding sentence shall be applied by taking all 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 Optionee hereby 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 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 422 424(e) of the Code)) exceeds $100,000, the Option and such other options shall be treated as not qualifying under Non- Qualified Stock Options to the extent required by Section 422 of the Code but rather shall be taxed as non-qualified stock optionsCode. The 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 grantedgranted and incentive stock options granted on or before December 31, 1986 shall not be taken into account in applying such $100,000.