TERMINATION OF OPTIONEE'S EMPLOYMENT. If the Optionee's employment with the Company is terminated for reasons other than Cause, "permanent and total disability" (within the meaning of Section 22(e)(3) of the Internal Revenue Code of 1986, as amended ("Code")), or death of the Optionee, those Shares that had vested under the terms of this Option Agreement shall remain exercisable for a period of three months after the date of such termination of the Optionee's employment with the Company; PROVIDED, HOWEVER, that after the expiration of this three-month period, this Option Agreement, and the Optionee's right to exercise any vested portion of this Option, shall terminate. If the Optionee's employment with the Company is terminated because of the "permanent or total disability" (within the meaning of Section 22(e)(3) of the Code) or death of the Optionee, those Shares that had vested in accordance with this Option Agreement shall remain exercisable for a period of one year after the date of such termination; PROVIDED, HOWEVER, that after the expiration of one year period, this Option Agreement, and the Optionee's right to exercise any vested portion of this Option, shall terminate. If the Optionee's employment with the Company terminates for Cause, this Option Agreement, and the Optionee's right to exercise any vested portion of this Option, shall terminate at the commencement of business on the date of such termination.
Appears in 3 contracts
Samples: Non Qualified Stock Option Agreement (Texoil Inc /Nv/), Non Qualified Stock Option Agreement (Texoil Inc /Nv/), Non Qualified Stock Option Agreement (Texoil Inc /Nv/)
TERMINATION OF OPTIONEE'S EMPLOYMENT. If the Optionee's employment with the Company is terminated for reasons other than CauseCause as defined in Section 2(b) of the Plan, "permanent and total disability" (within the meaning of Section 22(e)(3) of the Internal Revenue Code of 1986, as amended (( the "CodeCODE")), or death of the Optionee, those Shares that had vested under the terms of this Option Agreement shall remain exercisable for a period of three months ninety (90) days after the date of such termination of the Optionee's employment with the Company; PROVIDEDprovided, HOWEVERhowever, that after the expiration of this threeninety-month day period, this Option Agreement, and the Optionee's right to exercise any vested portion of this Option, shall terminate. If the Optionee's employment with the Company is terminated because of the "permanent or total disability" (within the meaning of Section 22(e)(3) of the Code) or death of the Optionee, those Shares that had vested in accordance with this Option Agreement shall remain exercisable for a period of one year after the date of such termination; PROVIDEDprovided, HOWEVERhowever, that after the expiration of such one year period, this Option Agreement, and the Optionee's right to exercise any vested portion of this Option, shall terminate. If the Optionee's employment with the Company terminates for Cause, this Option Agreement, and the Optionee's right to exercise any vested portion of this outstanding Option, whether or not vested, shall terminate at the commencement of business 7:00 a.m. local time in Houston, Texas on the date of such termination.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Century Maintenance Supply Inc)