Common use of Termination by Death Clause in Contracts

Termination by Death. If the Optionee's employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 5 contracts

Samples: Incentive Stock Option Agreement (Performance Food Group Co), Non Qualified Stock Option Agreement (Alexanders J Corp), Incentive Stock Option Agreement (Pinnacle Financial Partners Inc)

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Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such terminationtermination (after giving effect to any acceleration of vesting provided for in Section 2 above), by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one (1) year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 4 contracts

Samples: Non Qualified Stock Option Agreement (Community First Inc), Non Qualified Stock Option Agreement (Community First Inc), Incentive Stock Option Agreement (Chefs' Warehouse Holdings, LLC)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three (3) months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one (1) year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 4 contracts

Samples: Incentive Stock Option Agreement (HealthSpring, Inc.), Non Qualified Stock Option Agreement (HealthSpring, Inc.), Non Qualified Stock Option Agreement (Healthstream Inc)

Termination by Death. If the Optionee's employment by the Company terminates by reason of death, or if the Optionee dies within three (3) months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of death or until the expiration of the original Term of the Option, whichever period is the shorter.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Luminex Corp), Performance Based Non Qualified Stock Option Agreement (Luminex Corp), Non Qualified Stock Option Agreement (Luminex Corp)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, but only if the Market-Vesting Conditions has been satisfied, for a period of one (1) year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Chefs' Warehouse, Inc.), Non Qualified Stock Option Agreement (Chefs' Warehouse, Inc.), Non Qualified Stock Option Agreement (Chefs' Warehouse, Inc.)

Termination by Death. If the Optionee's employment by the Company terminates by reason of death, or if the Optionee dies within three (3) months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one (1) year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (HealthSpring, Inc.), Non Qualified Stock Option Agreement (Bright Horizons Family Solutions Inc), Non Qualified Stock Option Agreement (Genesco Inc)

Termination by Death. If the Optionee's employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such terminationdeath, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of such death or until the expiration of the Term stated term of the Option, whichever period is the shorter.

Appears in 3 contracts

Samples: Employment Agreement (Healthways, Inc), Non Qualified Stock Option Agreement (Healthways, Inc), Employment Agreement (American Healthways Inc)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three (3) months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such terminationtermination (after giving effect to any acceleration of vesting provided for in Section 2 above), by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one (1) year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Cigna Corp), Non Qualified Stock Option Agreement (HealthSpring, Inc.), Non Qualified Stock Option Agreement (HealthSpring, Inc.)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement, Non Qualified Stock Option Agreement (Gaylord Entertainment Co /De)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such terminationdeath, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of such death or until the expiration of the Term stated term of the Option, whichever period is the shorter.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (American Retirement Corp), Incentive Stock Option Agreement (American Retirement Corp)

Termination by Death. If the Optionee's employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Performance Food Group Co), Non Qualified Stock Option Agreement (Performance Food Group Co)

Termination by Death. If the Optionee's employment by the Company terminates by reason of death, or if the Optionee dies within three (3) months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Luminex Corp), Non Qualified Stock Option Agreement (American Retirement Corp)

Termination by Death. If the Optionee's employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such terminationdeath, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of such death or until the expiration of the Term stated term of the Option, whichever period is the shorter.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (O Charleys Inc), Non Qualified Stock Option Agreement (O Charleys Inc)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such terminationtermination (after giving effect to any acceleration of vesting provided for in Section 2 above), by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year twelve (12) months from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Community First Inc), Incentive Stock Option Agreement (Community First Inc)

Termination by Death. If Unless otherwise determined by the Board, if the Optionee's ’s employment by with or service to the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent then exercisable (or on such accelerated basis as the Option was exercisable Board shall determine at the time of such terminationor after grant), by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one (1) year from after the date of such death or until the expiration of the Term stated term of the OptionOption as provided under this Agreement, whichever period is the shorterlonger.

Appears in 2 contracts

Samples: Stand Alone Stock Option Agreement (Jennifer Convertibles Inc), Stand Alone Stock Option Agreement (Jennifer Convertibles Inc)

Termination by Death. If the Optionee's employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than CauseCause (as defined in the Employment Agreement), this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Luminex Corp)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three (3) months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one (1) year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (HealthSpring, Inc.)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one (1) year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Emdeon Inc.)

Termination by Death. If the Optionee's employment by with the Company or any Subsidiary of the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, but only to the extent the Option is exercisable at the time of death, for a period of one year from the date of death twelve (12) months or until the expiration of the Term stated term of the such Option, whichever period is the shorter.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Lamonts Apparel Inc)

Termination by Death. If the Optionee's employment by the Company or any Subsidiary terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option to which it was then exercisable at the time of such terminationdeath, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of death or until the expiration of the Term stated term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Civitas Bankgroup Inc)

Termination by Death. If the Optionee's employment by the Company terminates by reason of death, or if the Optionee dies within three (3) months after termination of such employment Optionee's position as a director of the Company for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Director Non Qualified Stock Option Agreement (Gaylord Entertainment Co /De)

Termination by Death. If the Optionee's employment by with the Company or any of its affiliates terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of Optionee's estate, to the estate or by the legatee extent vested as of the Optionee under the will of the Optionee, for a period of one year from the date of such death or until the expiration earlier of (i) one year following such date of (ii) ten years 5 following the Term Date of the Option, whichever period is the shorterGrant.

Appears in 1 contract

Samples: Stock Option Agreement (Tickets Com Inc)

Termination by Death. If the Optionee's ’s employment by with the Company terminates by reason of his death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, to the extent the Option Shares are then vested, for a period of one year from the date of death twelve (12) months or until the expiration of the Term stated term of the such Option, whichever period is the shorter.

Appears in 1 contract

Samples: Stock Option Agreement (Novastar Financial Inc)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, to the extent that the Optionee was entitled to exercise it at the date of the Optionee’s death, for a period of one year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Pinnacle Financial Partners Inc)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such terminationdeath, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of such death or until the expiration of the Term stated term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (American Healthways Inc)

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Termination by Death. If the Optionee's employment by the Company Corporation or any Subsidiary terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such terminationdeath, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of such death or until the expiration of the Term stated term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (First Pulaski National Corp)

Termination by Death. If the Optionee's employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one (1) year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (HealthSpring, Inc.)

Termination by Death. If the Optionee's employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, to the extent that the Optionee was entitled to exercise it at the date of the Optionee's death, for a period of one year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Pinnacle Financial Partners Inc)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such terminationtermination or with accelerated vesting if employment terminated upon death, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Alexanders J Corp)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such terminationtermination (after giving effect to any acceleration of vesting provided for in Section 2 above), by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year three (3) years from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Wilson Bank Holding Co)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three (3) months after termination of such employment Optionee’s position as a director of the Company for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Director Non Qualified Stock Option Agreement (Gaylord Entertainment Co /De)

Termination by Death. If the Optionee's employment by with the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, exercised as to any Option Shares exercisable as of the extent the Option was exercisable at the time date of such termination, termination by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, Optionee for a period of one year 12 months from the date of such death or until the expiration of the Term stated term of the such Option, whichever period is the shorter.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Juno Lighting Inc)

Termination by Death. If the Optionee's employment by ’s Service (as defined below) with the Company terminates by reason of death, or if the Optionee dies within three (3) months after termination of such employment Service for any reason other than CauseCause (as defined below), this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one (1) year from the date of death or until the expiration of the Term Expiration Date of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Surgivision Inc)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three (3) months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, exercised by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Luminex Corp)

Termination by Death. If the Optionee's ’s employment by the Company and any Subsidiary terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such terminationdeath, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of such death or until the expiration of the Term stated term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (O Charleys Inc)

Termination by Death. If the Optionee's employment by the Company terminates by reason of death, or if the Optionee dies within three (3) months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one (1) year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Genesco Inc)

Termination by Death. If the Optionee's employment by the Company Subsidiary terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option to which it was then exercisable at the time of such terminationdeath, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of death or until the expiration of the Term stated term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Civitas Bankgroup Inc)

Termination by Death. If the Optionee's ’s employment by with the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than CauseCause (as defined below), this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Mri Interventions, Inc.)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination, by the legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one (1) year from the date of death or until the expiration of the Term of the Option, whichever period is the shorter.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (HealthSpring, Inc.)

Termination by Death. If the Optionee's ’s employment by the Company terminates by reason of death, or if any Option held by the Optionee dies within three months after termination of such employment for any reason other than Cause, this Option may thereafter be exercised, to the extent the Option was exercisable at the time date of such terminationdeath, by the Optionee’s legal representative of the estate or by the legatee of the Optionee under the will of the Optionee, for a period of one year hundred eighty (180) days from the date of death or until the expiration of the Term of the OptionExpiration Date, whichever period is the shorterif earlier.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Brooktrout Inc)

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