Common use of Termination of Service or Death of the Optionee Clause in Contracts

Termination of Service or Death of the Optionee. a. Except as provided in subparagraphs b., c., or d. of this paragraph 5 and notwithstanding any other provision of this Option to the contrary, this Option shall not be exercisable unless the Optionee, at the time the Optionee exercises this Option, has maintained “Continuous Service” (as defined herein) since the date of the grant of this Option. “Continuous Service” shall mean that the Optionee is an employee of TCF Financial or a subsidiary of TCF Financial at all times during the period beginning on the date of the granting of this Option and ending on a date no earlier than three months before the date of exercise of this Option, provided that such employment status is determined consistently with the requirements that would apply if this Option were an incentive stock option.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (TCF Financial Corp), Nonqualified Stock Option Agreement (TCF Financial Corp)

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Termination of Service or Death of the Optionee. a. Except as provided in subparagraphs b., c., b. or d. c. of this paragraph 5 and notwithstanding any other provision of this Option to the contrary, this Option shall not be exercisable unless the Optionee, at the time the Optionee exercises this Option, has maintained “Continuous Service” (as defined herein) since the date of the grant of this Option. “Continuous Service” shall mean that the Optionee is an employee of TCF Financial or a subsidiary of TCF Financial at all times during the period beginning on the date of the granting of this Option and ending on a date no earlier than three months before the date of exercise of this Option, provided that such employment status is determined consistently with the requirements that would apply if for this Option were to continue to qualify as an incentive stock option.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (TCF Financial Corp)

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Termination of Service or Death of the Optionee. a. Except as provided in subparagraphs b., c., b. or d. c. of this paragraph 5 and notwithstanding any other provision of this Option to the contrary, this Option shall not be exercisable unless the Optionee, at the time the Optionee exercises this Option, has maintained “Continuous Service” (as defined herein) since the date of the grant of this Option. “Continuous Service” shall mean that the Optionee is an employee of TCF Financial or a subsidiary of TCF Financial at all times during the period beginning on the date of the granting of this Option and ending on a date no earlier than three months before the date of exercise of this Option, provided that such employment status is determined consistently with the requirements that would apply if this Option were an incentive stock option.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (TCF Financial Corp)

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