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 and any Subsidiary) exceeds $100,000, such options shall be treated as not qualifying under Section 422 of the Code but rather shall be taxed as non-qualified options. 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 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 Company, any Subsidiary and any Subsidiaryparent 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 treated as nonNon-qualified optionsQualified 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 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, 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 Company, any Subsidiary and any SubsidiaryParent Corporation) exceeds $100,000, such options shall be treated as not qualifying under Section 422 of the Code but rather shall be taxed as non-qualified options. 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 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 Company, any Subsidiary and any Subsidiaryparent corporation) exceeds $100,000, such options shall be treated as not qualifying under Under Section 422 of the Code but rather shall be taxed as non-qualified options. 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 and any Subsidiary) exceeds $100,000, such options shall be treated as not qualifying under Section 422 of the Code but rather shall be taxed as non-qualified options. 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.