Common use of Termination of Service (Except by Death) Clause in Contracts

Termination of Service (Except by Death). If the Optionee's Service terminates for any reason other than death, then this option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three months after the termination of the Optionee's Service for any reason other than Disability; or (iii) The date six months after the termination of the Optionee's Service by reason of Disability. The Optionee may exercise all or part of this option at any time before its expiration under the preceding sentence, but only to the extent that this option had become exercisable before the Optionee's Service terminated. When the Optionee's Service terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Shares. In the event that the Optionee dies after termination of Service but before the expiration of this option, all or part of this option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired this option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that this option had become exercisable before the Optionee's Service terminated.

Appears in 3 contracts

Samples: Stock Option Agreement (Adforce Inc), Stock Option Agreement (Siebel Systems Inc), Stock Option Agreement (Siebel Systems Inc)

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Termination of Service (Except by Death). If the Optionee's Service terminates for any reason other than death, then this option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three months after the termination of the Optionee's Service for any reason other than Disability; or (iii) The date six months after the termination of the Optionee's Service by reason of Disability. The Optionee may exercise all or part of this option at any time before its expiration under the preceding sentence, but only to the extent that this option had become exercisable before the Optionee's Service terminated. When the Optionee's Service terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Shares. In the event that the Optionee dies after termination of Service but before the expiration of this option, all or part of this option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired this option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that this option had become exercisable before the Optionee's Service terminated.or

Appears in 2 contracts

Samples: Stock Option Agreement (Selectica Inc), Stock Option Agreement (Cisco Systems Inc)

Termination of Service (Except by Death). If the Optionee's Service terminates for any reason other than death, then this option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three months after the termination of the Optionee's Service for any reason other than Disability; or (iii) The date six months after the termination of the Optionee's Service by reason of Disability. The Optionee may exercise all or part of this option at any time before its expiration under the preceding sentence, but only to the extent that this option had become exercisable for vested shares before the Optionee's Service terminated. When the Optionee's Service terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Shares. In the event that the Optionee dies after termination of Service but before the expiration of this option, all or part of this option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired this option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that this option had become exercisable before the Optionee's Service terminated.

Appears in 2 contracts

Samples: Stock Option Agreement (I2 Technologies Inc), Stock Option Agreement (Opnext Inc)

Termination of Service (Except by Death). If the Optionee's Service terminates for any reason other than death, then this option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three months after the termination of the Optionee's Service for any reason other than Disability; or (iii) The date six months after the termination of the Optionee's Service by reason of Disability. The Optionee may exercise all or part of this option at any time before its expiration under the preceding sentence, but only to the extent that this option had become exercisable before the Optionee's Service terminated. When the Optionee's Service terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Shares. In the event that the Optionee dies after termination of Service but before the expiration of this option, all 0 or part of this option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired this option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that this option had become exercisable before the Optionee's Service terminated.

Appears in 1 contract

Samples: Stock Option Agreement (Cisco Systems Inc)

Termination of Service (Except by Death). If the Optionee's ’s Service terminates for any reason other than death, then this option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three months after the termination of the Optionee's ’s Service for any reason other than Disability; or (iii) The date six months after the termination of the Optionee's ’s Service by reason of Disability. The Optionee may exercise all or part of this option at any time before its expiration under the preceding sentence, but only to the extent that this option had become is exercisable for vested Shares on or before the date when the Optionee's ’s Service terminatedterminates. When the Optionee's ’s Service terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Shares. In the event that the Optionee dies after termination of Service but before the expiration of this option, all or part of this option may be exercised (prior to expiration) by the executors or administrators of the Optionee's ’s estate or by any person who has acquired this option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that this option had become was exercisable for vested Shares on or before the date when the Optionee's ’s Service terminated.

Appears in 1 contract

Samples: Global Stock Option Agreement (Eventbrite, Inc.)

Termination of Service (Except by Death). If the Optionee's ’s Service terminates for any reason other than death, then this option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three months after the termination of the Optionee's ’s Service for any reason other than DisabilityDisability or Cause; or (iii) The date six 12 months after the termination of the Optionee's ’s Service by reason of Disability. The Optionee may exercise all or part of this option at any time before its expiration under the preceding sentence, but only to the extent that this option had become exercisable before the Optionee's ’s Service terminated. When the Optionee's ’s Service terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Sharesexercisable. In the event that the Optionee dies after termination of Service but before the expiration of this option, all or part of this option may be exercised (prior to expiration) by the executors or administrators of the Optionee's ’s estate or by any person who has acquired this option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that this option had become exercisable before the Optionee's ’s Service terminated. Upon the termination of the Optionee’s employment for Cause, this Option shall immediately terminate and shall not be exercisable at all.

Appears in 1 contract

Samples: Stock Option Agreement (Comverge, Inc.)

Termination of Service (Except by Death). If the Optionee's Service service as an Employee terminates for any reason other than death, then this option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three months one year after the termination of the Optionee's Service service as an Employee for any reason other than Total and Permanent Disability; or (iii) The date six months two years after the termination of the Optionee's Service service as an Employee by reason of Total and Permanent Disability. The Optionee may exercise all or part of this option at any time before its expiration under the preceding sentence, but only to the extent that this option had become exercisable before the Optionee's Service service terminated. When The balance of this option shall lapse when the Optionee's Service service as an Employee terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Shares. In the event that the Optionee dies after the termination of Service service but before the expiration of this option, all or part of this option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired this option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that this option had become exercisable before the Optionee's Service service terminated.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Mission West Properties/New/)

Termination of Service (Except by Death). If the Optionee's Service terminates for any reason other than death, then this option the Option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three months 90th day after the termination of the Optionee's Service date of termination for any reason other than Retirement or Disability; or (iii) The date six 12 months after the termination of the Optionee's Service by reason of Retirement or Disability. The Optionee may exercise all or part of this option the Option at any time before its expiration under the preceding sentence, but only to the extent that this option the Option had become exercisable before the Optionee's Service terminated. When the Optionee's Service terminates, this option the Option shall expire immediately with respect to the number of Shares for which this option the Option is not yet exercisable and with respect to any Restricted Sharesexercisable. In the event that the Optionee dies after termination of Service but before the expiration of this optionthe Option, all or part of this option the Option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired this option the Option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that this option the Option had become exercisable before the Optionee's Service terminated.

Appears in 1 contract

Samples: Stock Option Agreement (Saxon Capital Inc)

Termination of Service (Except by Death). If the Optionee's Service ’s service terminates prior to the expirary date of Optionee’s service contract, if applicable, for any reason other than death, then this option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three months after the termination of the Optionee's Service ’s service for any reason other than DisabilityCause; or (iii) The date six months after the of termination of the Optionee's Service by reason of Disability’s service for Cause. The Optionee may exercise all or part of this option at any time before its expiration under the preceding sentence, but only to the extent that this option had become exercisable before the Optionee's Service terminated. When the Optionee's Service terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable then vested and with respect to any Restricted Sharesexercisable. In the event that the Optionee dies after termination of Service service but before the expiration of this option, all or part of this option may be exercised (prior to expiration) by the executors or administrators of the Optionee's ’s estate or by any person who has acquired this option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that this option had become exercisable before the Optionee's Service terminated’s death. For avoidance of doubt, if the Optionee is employed by an Affiliate that is sold or otherwise ceases to be an Affiliate of the Company, the Optionee shall incur a termination of service.

Appears in 1 contract

Samples: Stock Option Agreement (Green Thumb Industries Inc.)

Termination of Service (Except by Death). If the Optionee's Service service as a Key Employee terminates for any reason other than death, then this option shall expire on the earliest of the following occasions: (i) 1. The expiration date determined pursuant to Subsection (a) above; (ii) 2. The date three months after the termination of the Optionee's Service service as a Key Employee for any reason other than retirement from the Company on or after the date the Optionee attains age 65 or Total and Permanent Disability; or; (iii) 3. The date six 12 months after the termination of the Optionee's Service by reason service as a Key Employee because of his Total and Permanent Disability; or 4. The date three years after the Optionee's retirement from the Company if such retirement occurs on or after the date on which the Optionee attains age 65. The Optionee may exercise all or part of this option at any time before its expiration under the preceding sentence, but only to the extent that this option had become exercisable before the Optionee's Service terminatedservice terminated or became exercisable as a result of the termination. When The balance of this option shall lapse when the Optionee's Service service as a Key Employee terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Shares. In the event that the Optionee dies after the termination of Service service but before the expiration of this option, all or part of this option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired this option directly from the Optionee by bequest, beneficiary designation, bequest designation or inheritance, but only to the extent that this option had become exercisable before the Optionee's Service service terminated.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Urs Corp /New/)

Termination of Service (Except by Death). If the Optionee's Service terminates for any reason other than death, then this option Option shall expire on the earliest of the following occasions: (i) A. The expiration date determined pursuant to Subsection (a) Section 6.01, above; (ii) B. The date three twelve (12) months after the termination of Optionee's Service without cause by the Company pursuant to Section 10.A. of the Consulting Agreement; or C. The date ninety (90) days after the termination of Optionee's Service for any reason other than Disability; or (iii) The date six months after the termination of the Optionee's Service without cause by reason the Company pursuant to Section 10.A. of Disabilitythe Consulting Agreement. The Optionee may exercise all or part of this option Option at any time before its expiration it sexpiration under the preceding sentence, but only to the extent that this option Option had become exercisable vested before the Optionee's Service terminated. When , and the balance of this Option shall lapse when the Optionee's Service terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Shares. In the event that If the Optionee dies after the termination of Service but before the expiration of this optionOption, all or part of this option Option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired this option Option directly from the Optionee by bequest, beneficiary designation, bequest designation or inheritance, but only to the extent that this option Option had become exercisable vested before the Optionee's Service terminated.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Healthsouth Corp)

Termination of Service (Except by Death). If the Optionee's Service terminates for any reason other than death, then this option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three months 90 days after the termination of the Optionee's Service for any reason other than Total and Permanent Disability; or (iii) The date six months after the termination of the Optionee's Service by reason of Total and Permanent Disability. The Optionee may exercise all or part of this option at any time before its expiration under the preceding sentence, but only to the extent that this option had become exercisable before the Optionee's Service terminated. When The balance of this option shall lapse when the Optionee's Service terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Shares. In the event that the Optionee dies after the termination of Service but before the expiration of this option, all or part of this option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired this option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that this option had become exercisable before the Optionee's Service terminated.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Applied Molecular Evolution Inc)

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Termination of Service (Except by Death). If the Optionee's Service terminates for any reason other than death, then this option Option shall expire on the earliest of the following occasions: (i) A. The expiration date determined pursuant to Subsection (a) Section 6.01, above; (ii) B. The date three twelve (12) months after the termination of Optionee's Service without cause by the Company pursuant to Section 10.A. of the Consulting Agreement; or C. The date ninety (90) days after the termination of Optionee's Service for any reason other than Disability; or (iii) The date six months after the termination of the Optionee's Service without cause by reason the Company pursuant to Section 10.A. of Disabilitythe Consulting Agreement. The Optionee may exercise all or part of this option Option at any time before its expiration under the preceding sentence, but only to the extent that this option Option had become exercisable vested before the Optionee's Service terminated. When , and the balance of this Option shall lapse when the Optionee's Service terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Shares. In the event that If the Optionee dies after the termination of Service but before the expiration of this optionOption, all or part of this option Option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired this option Option directly from the Optionee by bequest, beneficiary designation, bequest designation or inheritance, but only to the extent that this option Option had become exercisable vested before the Optionee's Service terminated.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Healthsouth Corp)

Termination of Service (Except by Death). If the Optionee's Service terminates for any reason other than death, then this option Option shall expire on the earliest of the following occasions: (i) 5.6.1 The expiration date Expiration Date determined pursuant to Subsection (a) Section 6.1 above; (ii) 5.6.2 The date three six months after the termination of the Optionee's Service for any reason other than Cause or Disability; 5.6.3 The date one month after the termination of the Optionee's Service for Cause, or such later date as the Board of Directors may determine; or (iii) 5.6.4 The date six 12 months after the termination of the Optionee's Service by reason of Disability. The Optionee may exercise all or part of this option Option at any time before its expiration under the preceding sentenceExpiration Date or other termination provided in this Section 6.2, but only to the extent that this option Option had become exercisable before pursuant to the Optionee's Service terminatedprovisions of Section 2 hereof. When Except with respect to a Change in Control following termination of service as described in Section 2, when the Optionee's Service terminates, this option Option shall expire immediately with respect to the number of Shares for which this option Option is not yet exercisable and with respect to any Restricted Shares. In the event that the Optionee dies after termination of Service but before the expiration of this optionOption, all or part of this option Option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired this option Option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that this option Option had become exercisable before the Optionee's Service terminated.

Appears in 1 contract

Samples: Employee Stock Option Agreement (Chestatee Bancshares Inc)

Termination of Service (Except by Death). If the Optionee's Service terminates for any reason other than death, then this option Option shall expire on the earliest of the following occasions: (i) A. The expiration date determined pursuant to Subsection (a) Section 6.01, above; (ii) B. The date three twelve (12) months after the termination of Optionee's Service without cause by the Company pursuant to Section 10.A. of the Consulting Agreement; or C. The date ninety (90) days after the termination of Optionee's Service for any reason other than Disability; or (iii) The date six months after the termination of the Optionee's Service without cause by reason the Company pursuant to Section 10.A. of Disabilitythe Consulting Agreement. The Optionee may exercise all or part of this option Option at any time before its expiration under the preceding sentence, but only to the extent that this option Option had become exercisable vested before the Optionee's Service terminated. When , and the balance of this Option shall lapse when the Optionee's Service terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Shares. In the event that If the Optionee dies after the termination of Service but before the expiration of this optionOption, all or part of this option Option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired this option Option directly from the Optionee by bequest, beneficiary designation, bequest designation or inheritance, inheritance but only to the extent that this option Option had become exercisable vested before the Optionee's Service terminated.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Healthsouth Corp)

Termination of Service (Except by Death). If the an Optionee's ’s Service terminates for any reason other than the Optionee’s death, then this option the Optionee’s Options shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (af) above; (ii) The date three months after the termination of the Optionee's ’s Service for any reason other than Disability, or such later date as the Board of Directors may determine; or (iii) The date six months after the termination of the Optionee's ’s Service by reason of Disability, or such later date as the Board of Directors may determine. The Optionee may exercise all or part of this option the Optionee’s Options at any time before its the expiration of such Options under the preceding sentence, but only to the extent that this option such Options had become exercisable before the Optionee's ’s Service terminated. When terminated (or became exercisable as a result of the termination) and the underlying Shares had vested before the Optionee's ’s Service terminated (or vested as a result of the termination). The balance of such Options shall lapse when the Optionee’s Service terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Shares. In the event that the Optionee dies after the termination of the Optionee’s Service but before the expiration of this optionthe Optionee’s Options, all or part of this option such Options may be exercised (prior to expiration) by the executors or administrators of the Optionee's ’s estate or by any person who has acquired this option such Options directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that this option such Options had become exercisable before the Optionee's ’s Service terminatedterminated (or became exercisable as a result of the termination) and the underlying Shares had vested before the Optionee’s Service terminated (or vested as a result of the termination).

Appears in 1 contract

Samples: 2003 Stock Plan (Informatica Corp)

Termination of Service (Except by Death). If the Optionee's Service service as ---------------------------------------- an Employee, Director, or Consultant terminates for any reason other than death, then this option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above;. (ii) The date three months thirty (30) days after the termination of the Optionee's Service service as an Employee, Director, or Consultant for any reason other than Total and Permanent Disability; or (iii) The date six (6) months after the termination of the Optionee's Service service as an Employee, Director, or Consultant by reason of Total and Permanent Disability. The Optionee may exercise all or part of this option at any time before its expiration under the preceding sentence, but only to the extent that this option had become exercisable before the Optionee's Service service terminated. When The balance of this option shall lapse when the Optionee's Service service as an Employee, Director, or Consultant terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Shares. In the event that the Optionee dies after the termination of Service service but before the expiration of this option, all or part of this option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired this option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that this option had become exercisable before the Optionee's Service service terminated.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (North American Biologicals Inc)

Termination of Service (Except by Death). If the Optionee's Service service as a Key Employee terminates for any reason other than death, then this option shall expire on the earliest of the following occasions: (i) 1. The expiration date determined pursuant to Subsection (a) Section VI.A above; (ii) 2. The date three months after the termination of the Optionee's Service service as a Key Employee for any reason other than retirement from the Company on or after the date the Optionee attains age 65 or Total and Permanent Disability; or; (iii) 3. The date six 12 months after the termination of the Optionee' s service as a Key Employee because of his Total and Permanent Disability; or 4. The date three years after the Optionee's Service by reason of Disabilityretirement from the Company if such retirement occurs on or after the date on which the Optionee attains age 65. The Optionee may exercise all or part of this option at any time before its expiration under the preceding sentence, but only to the extent that this option had become exercisable before the Optionee's Service terminatedservice terminated or became exercisable as a result of the termination. When the Optionee's Service terminates, The balance of this option shall expire immediately with respect to lapse when the number of Shares for which this option is not yet exercisable and with respect to any Restricted SharesOptionee' s service as a Key Employee terminates. In the event that the Optionee dies after the termination of Service service but before the expiration of this option, all or part of this option may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired this option directly from the Optionee by bequest, beneficiary designation, bequest designation or inheritance, but only to the extent that this option had become exercisable before the Optionee's Service service terminated.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Urs Corp /New/)

Termination of Service (Except by Death). If the Optionee's ’s Service terminates for any reason other than death, then this option shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three months after the termination of the Optionee's ’s Service for any reason other than Disability; or (iii) The date six months after the termination of the Optionee's ’s Service by reason of Disability. The Optionee may exercise all or part of this option at any time before its expiration under the preceding sentence, but only to the extent that this option had become exercisable before the Optionee's ’s Service terminated. When the Optionee's ’s Service terminates, this option shall expire immediately with respect to the number of Shares for which this option is not yet exercisable and with respect to any Restricted Sharesexercisable. In the event that the Optionee dies after termination of Service but before the expiration of this option, all or part of this option may be exercised (prior to expiration) by the executors or administrators of the Optionee's ’s estate or by any person who has acquired this option directly from the Optionee by beneficiary designation, bequest or inheritance, but only to the extent that this option had become exercisable before the Optionee's ’s Service terminated.

Appears in 1 contract

Samples: Global Stock Option Agreement (Eventbrite, Inc.)

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