Common use of Termination of Employment or Other Relationship Clause in Contracts

Termination of Employment or Other Relationship. Upon the termination of the Optionee's employment or other relationship with the Company other than by reason of death or "permanent and total disability" (within the meaning of Section 22(e)(3) of the Code), the Option or portion thereof held by the Optionee that has not vested in accordance with the provisions of Section 5 hereof shall terminate immediately, and, subject to Section 6.3 above, any Option or portion thereof that has vested in accordance with the provisions of Section 5 hereof but has not been exercised shall terminate at the close of business on the 90th day following the Optionee's termination of employment or other relationship (or, if such 90th day is a Saturday, Sunday or holiday, at the close of business on the next preceding day that is not a Saturday, Sunday or holiday), unless the Board of Directors of the Company (the "Board"), in its discretion, extends the period during which the Option may be exercised (which period may not be extended beyond the original term of the Option). Upon termination of the Option or portion thereof, the Optionee shall have no further right to purchase shares of Stock pursuant to such Option or portion thereof. Whether a leave of absence or leave on military or government service shall constitute a termination of employment or other relationship for purposes of the Optionee shall be determined by the Board, which determination shall be final and conclusive. For purposes of the Option, a termination of employment, service or other relationship shall not be deemed to occur if the Optionee is immediately thereafter employed with the Company or any other Service Provider, or is engaged as a Service Provider or an Outside Director of the Company. Whether a termination of a Service Provider's or an Outside Director's relationship with the Company shall have occurred shall be determined by the Committee, which determination shall be final and conclusive.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Global Imaging Systems Inc), Non Incentive Stock Option Agreement (Global Imaging Systems Inc)

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Termination of Employment or Other Relationship. Upon the termination of the Optionee's employment or other relationship with the Company other than by reason of death or "permanent and total disability" (within the meaning of Section 22(e)(3) of the Code), the Option or portion thereof held by the Optionee that has not vested in accordance with the provisions of Section 5 hereof shall terminate immediately, and, subject to Section 6.3 above, 6.1 above any Option or portion thereof that has vested in accordance with the provisions of Section 5 hereof but has not been exercised shall terminate at the close of business on the 90th day following the Optionee's termination of employment or other relationship (or, if such 90th day is a Saturday, Sunday or holiday, at the close of business on the next preceding day that is not a Saturday, Sunday or holiday), unless the Board of Directors of the Company (the "Board"), in its discretion, extends the period during which the Option may be exercised (which period may not be extended beyond the original term of the Option). Upon termination of the Option or portion thereof, the Optionee shall have no further right to purchase shares of Stock pursuant to such Option or portion thereof. Whether a leave of absence or leave on military or government service shall constitute a termination of employment or other relationship for purposes of the Optionee shall be determined by the Board, which determination shall be final and conclusive. For purposes of the Option, a termination of employment, service or other relationship shall not be deemed to occur if the Optionee is immediately thereafter employed with the Company or any other Service Provider, or is engaged as a Service Provider or an Outside Director of the Company. Whether a termination of a Service Provider's or an Outside Director's relationship with the Company shall have occurred shall be determined by the Committee, which determination shall be final and conclusive.

Appears in 2 contracts

Samples: Director Non Incentive Stock Option Agreement (Global Imaging Systems Inc), Director Non Incentive Stock Option Agreement (Global Imaging Systems Inc)

Termination of Employment or Other Relationship. Upon the termination of the Optionee's employment or other relationship with the Company other than by reason of death or "permanent and total disability" (within the meaning of Section 22(e)(3) of the Code), the Option or portion thereof held by the Optionee that has not vested in accordance with the provisions of Section 5 4 hereof shall terminate immediately, and, subject to Section 6.3 5.3 above, any Option or portion thereof that has vested in accordance with the provisions of Section 5 4 hereof but has not been exercised shall terminate at the close of business on the 90th day following the Optionee's termination of employment or other relationship (or, if such 90th day is a Saturday, Sunday or holiday, at the close of business on the next preceding day that is not a Saturday, Sunday or holiday), unless the Board of Directors of the Company (the "Board"), in its discretion, extends the period during which the Option may be exercised (which period may not be extended beyond the original term of the Option). Upon termination of the Option or portion thereof, the Optionee shall have no further right to purchase shares of Stock pursuant to such Option or portion thereof. Whether a leave of absence or leave on military or government service shall constitute a termination of employment or other relationship for purposes of the Optionee shall be determined by the Board, which determination shall be final and conclusive. For purposes of the Option, a termination of employment, service or other relationship shall not be deemed to occur if the Optionee is immediately thereafter employed with the Company or any other Service Provider, or is engaged as a Service Provider or an Outside Director director of the Company. Whether a termination of a Service Provider's or an Outside Director's relationship with the Company shall have occurred shall be determined by the Committee, which determination shall be final and conclusive.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Via Net Works Inc), Incentive Stock Option Agreement (Via Net Works Inc)

Termination of Employment or Other Relationship. Upon the termination of the Optionee's employment or other relationship with the Company other than by reason of death or "permanent and total disability" (within the meaning of Section 22(e)(3) of the Code), the Option or portion thereof held by the Optionee that has not vested in accordance with the provisions of Section SECTION 5 hereof shall terminate immediately, and, subject to Section SECTION 6.3 above, any Option or portion thereof that has vested in accordance with the provisions of Section SECTION 5 hereof but has not been exercised shall terminate at the close of business on the 90th day following the Optionee's termination of employment or other relationship (or, if such 90th day is a Saturday, Sunday or holiday, at the close of business on the next preceding day that is not a Saturday, Sunday or holiday), unless the Board of Directors of the Company (the "Board"), in its discretion, extends the period during which the Option may be exercised (which period may not be extended beyond the original term of the Option). Upon termination of the Option or portion thereof, the Optionee shall have no further right to purchase shares of Stock pursuant to such Option or portion thereof. Whether a leave of absence or leave on military or government service shall constitute a termination of employment or other relationship for purposes of the Optionee shall be determined by the Board, which determination shall be final and conclusive. For purposes of the Option, a termination of employment, service or other relationship shall not be deemed to occur if the Optionee is immediately thereafter employed with the Company or any other Service Provider, or is engaged as a Service Provider or an Outside Director of the Company. Whether a termination of a Service Provider's or an Outside Director's relationship with the Company shall have occurred shall be determined by the Committee, which determination shall be final and conclusive.

Appears in 2 contracts

Samples: Non Incentive Stock Option Agreement (Global Imaging Systems Inc), Incentive Stock Option Agreement (Global Imaging Systems Inc)

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Termination of Employment or Other Relationship. Upon the termination of the Optionee's employment or other relationship with the Company other than by reason of death or "permanent and total disability" (within the meaning of Section 22(e)(3) of the Code), the Option or portion thereof held by the Optionee that has not vested in accordance with the provisions of Section SECTION 5 hereof shall terminate immediately, and, subject to Section 6.3 above, SECTION 6.1 above any Option or portion thereof that has vested in accordance with the provisions of Section SECTION 5 hereof but has not been exercised shall terminate at the close of business on the 90th day following the Optionee's termination of employment or other relationship (or, if such 90th day is a Saturday, Sunday or holiday, at the close of business on the next preceding day that is not a Saturday, Sunday or holiday), unless the Board of Directors of the Company (the "Board"), in its discretion, extends the period during which the Option may be exercised (which period may not be extended beyond the original term of the Option). Upon termination of the Option or portion thereof, the Optionee shall have no further right to purchase shares of Stock pursuant to such Option or portion thereof. Whether a leave of absence or leave on military or government service shall constitute a termination of employment or other relationship for purposes of the Optionee shall be determined by the Board, which determination shall be final and conclusive. For purposes of the Option, a termination of employment, service or other relationship shall not be deemed to occur if the Optionee is immediately thereafter employed with the Company or any other Service Provider, or is engaged as a Service Provider or an Outside Director of the Company. Whether a termination of a Service Provider's or an Outside Director's relationship with the Company shall have occurred shall be determined by the Committee, which determination shall be final and conclusive.

Appears in 1 contract

Samples: Director Non Incentive Stock Option Agreement (Global Imaging Systems Inc)

Termination of Employment or Other Relationship. Upon the termination of the Optionee's employment or other relationship with the Company or any of its affiliates or Service Providers other than by reason of death or "permanent and total disability" (within the meaning of Section 22(e)(3) of the Code), the Option or portion thereof held by the Optionee that has not vested in accordance with the provisions of Section 5 4 hereof shall terminate immediately, and, subject to Section 6.3 above, and any Option or portion thereof that has vested in accordance with the provisions of Section 5 4 hereof but has not been exercised shall terminate at the close of business on the 90th day following the Optionee's termination of employment or other relationship (or, if such 90th day is a Saturday, Sunday or holiday, at the close of business on the next preceding day that is not a Saturday, Sunday or holiday), unless the Board of Directors of the Company (the "Board"), in its discretion, extends the period during which the Option may be exercised (which period may not be extended beyond the original term of the Option). Upon termination of the Option or portion thereof, the Optionee shall have no further right to purchase shares of Stock pursuant to such Option or portion thereof. Whether a leave of absence or leave on military or government service shall constitute a termination of employment or other relationship for purposes of the Optionee shall be determined by the Board, which determination shall be final and conclusive. For purposes of the Option, a termination of employment, service or other relationship shall not be deemed to occur if the Optionee is immediately thereafter employed with the Company or any other of its affiliates or Service ProviderProviders, or is engaged as a Service Provider or an Outside Director of the Company. Whether a termination of a Service Provider's or an Outside Director's relationship with the Company shall have occurred shall be determined by the Committee, which determination shall be final and conclusive.

Appears in 1 contract

Samples: Employee Stock Option Agreement (Answerthink Inc)

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