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

Termination of Service (Except by Death). Subject to Subsection (a) above, if the Optionee's service as an Employee ("Service") terminates for any reason, other than death, then his or her Option(s) shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three years after the termination of the Optionee's Service, if the termination occurs on or after the earliest date when he or she is eligible for early or normal retirement under the McClatchy Retirement Plan; (iii) The date three years after the termination of the Optionee's Service, if the termination occurs because of his or her Total and Permanent Disability; or (iv) The date 90 days after the termination of the Optionee's Service, if the termination is not described in Paragraphs (ii) or (iii) above. In the event that the Optionee dies after the termination of his or her Service but before the expiration of his or her Option(s), all or part of such Option(s) may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired such Option(s) directly from him or her by bequest or inheritance, but only to the extent that such Option(s) had become exercisable before his or her Service terminated or became exercisable as a result of the termination.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (McClatchy Co)

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Termination of Service (Except by Death). Subject to Subsection ---------------------------------------- (a) above, if the Optionee's service as an Employee ("Service") terminates for any reason, other than death, then his or her Option(s) shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three years one year after the termination of the Optionee's Service, if the termination occurs on or after the earliest date when he or she is eligible for early or normal retirement under the McClatchy Retirement Plan; (iii) The date three years one year after the termination of the Optionee's Service, if the termination occurs because of his or her Total and Permanent Disability; or (iv) The date 90 days after the termination of the Optionee's Service, if the termination is not described in Paragraphs (ii) or (iii) above. In the event that the Optionee dies after the termination of his or her Service but before the expiration of his or her Option(s), all or part of such Option(s) may be exercised (prior to expiration) by the executors or administrators of the Optionee's estate or by any person who has acquired such Option(s) directly from him or her by bequest or inheritance, but only to the extent that such Option(s) had become exercisable before his or her Service terminated or became exercisable as a result of the termination.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (McClatchy Co)

Termination of Service (Except by Death). Subject to Subsection (aSection 5(a) above, if the Optionee's service as an Employee ("Service") Grantee’s Service terminates for any reason, other than death, then his or her Option(s) the SARs shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (aSection 5(a) above; (ii) [The date three years after the termination of the Optionee's Grantee’s Service, if the termination occurs on or after the earliest date when he the Grantee has accumulated 10 or she more continuous years of Service, and, provided, further, that the Grantee is eligible for early or normal retirement under the McClatchy Retirement Planat least 55 years of age on such termination date; (iii) The date three years after the termination of the Optionee's Grantee’s Service, if the termination occurs because of his or her Total and Permanent Disability; or (iv) The date 90 days after the termination of the Optionee's Grantee’s Service, if the termination is not described in Paragraphs (ii) or (iii) above. .] In the event that the Optionee Grantee dies after the termination of his or her Service but before the expiration of his or her Option(s)the SARs, all or part of such Option(s) SARs may be exercised (prior to expiration) by the executors or administrators of the Optionee's Grantee’s estate or by any person who has acquired such Option(s) SARs directly from him or her the Grantee by bequest or inheritance, but only to the extent that such Option(s) SARs had become exercisable before his or her the Grantee’s Service terminated or became exercisable as a result of the termination.

Appears in 1 contract

Samples: Stock Appreciation Rights Agreement (McClatchy Co)

Termination of Service (Except by Death). Subject to Subsection (a) above, if the Optionee's service as an Employee ("Service") Grantee’s Service terminates for any reason, other than death, then his or her Option(s) SARs shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three years after the termination of the Optionee's Grantee’s Service, if the termination occurs on or after the earliest date when he the Grantee has accumulated 10 or she more continuous years of Service, and, provided, further, that the Grantee is eligible for early or normal retirement under the McClatchy Retirement Planat least 55 years of age on such termination date; (iii) The date three years after the termination of the Optionee's Grantee’s Service, if the termination occurs because of his or her Total and Permanent Disability; or (iv) The date 90 days after the termination of the Optionee's Grantee’s Service, if the termination is not described in Paragraphs (ii) or (iii) above. In the event that the Optionee Grantee dies after the termination of his or her Service but before the expiration of his or her Option(s)SARs, all or part of such Option(s) SARs may be exercised (prior to expiration) by the executors or administrators of the Optionee's Grantee’s estate or by any person who has acquired such Option(s) SARs directly from him or her by bequest or inheritance, but only to the extent that such Option(s) SARs had become exercisable before his or her Service terminated or became exercisable as a result of the termination.

Appears in 1 contract

Samples: Stock Appreciation Rights Agreement (McClatchy Co)

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Termination of Service (Except by Death). Subject to Subsection (a) above, if the OptioneeGrantee''s service as an Employee (""Service"") terminates for any reason, other than death, then his or her Option(s) Option(s)SARs shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three years after the termination of the OptioneeGrantee''s Service, if the termination occurs on or after the earliest date when he or she is eligible for early or normal retirement under the McClatchy Retirement Plan; (iii) The date three years after the termination of the OptioneeGrantee''s Service, if the termination occurs because of his or her Total and Permanent Disability; or (iv) The date 90 days after the termination of the OptioneeGrantee''s Service, if the termination is not described in Paragraphs (ii) or (iii) above. In the event that the Optionee Grantee dies after the termination of his or her Service but before the expiration of his or her Option(sOption(sSARs), all or part of such Option(sOption(sSARs) may be exercised (prior to expiration) by the executors or administrators of the OptioneeGrantee''s estate or by any person who has acquired such Option(s) Option(s)SARs directly from him or her by bequest or inheritance, but only to the extent that such Option(s) hadSARs had become exercisable before his or her Service terminated or became exercisable as a result of the termination.

Appears in 1 contract

Samples: Stock Appreciation Rights Agreement (McClatchy Co)

Termination of Service (Except by Death). Subject to Subsection (a) above, if the Optionee's Grantee’s service as an Employee ("Service") terminates for any reason, other than death, then his or her Option(s) SARs shall expire on the earliest of the following occasions: (i) The expiration date determined pursuant to Subsection (a) above; (ii) The date three years after the termination of the Optionee's Grantee’s Service, if the termination occurs on or after the earliest date when he or she is eligible for early or normal retirement under the McClatchy Retirement Plan; (iii) The date three years after the termination of the Optionee's Grantee’s Service, if the termination occurs because of his or her Total and Permanent Disability; or (iv) The date 90 days after the termination of the Optionee's Grantee’s Service, if the termination is not described in Paragraphs (ii) or (iii) above. In the event that the Optionee Grantee dies after the termination of his or her Service but before the expiration of his or her Option(s)SARs, all or part of such Option(s) SARs may be exercised (prior to expiration) by the executors or administrators of the Optionee's Grantee’s estate or by any person who has acquired such Option(s) SARs directly from him or her by bequest or inheritance, but only to the extent that such Option(s) SARs had become exercisable before his or her Service terminated or became exercisable as a result of the termination.

Appears in 1 contract

Samples: Stock Appreciation Rights Agreement (McClatchy Co)

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