Termination of Status as an Employee or Consultant. In the event of termination of Optionee's Continuous Status as an Employee or Consultant for any reason other than death or disability, Optionee may, but only within thirty (30) days after the date of such termination (but in no event later than the date of expiration of the term of this Option as set forth in Section 11 below), exercise this Option to the extent that Optionee was entitled to exercise it at the date of such termination. To the extent that Optionee was not entitled to exercise this Option at the date of such termination, or if Optionee does not exercise this Option within the time specified herein, this Option shall terminate.
Termination of Status as an Employee or Consultant. In the event of termination of Optionee's continuous status as an Employee or Consultant, as such status may be determined and construed by the Company in its sole discretion ("Continuous Status"), for any reason other than death or disability or the completed term and performance under any consulting or employment agreement between the Optionee and the Company, Optionee may, but only within thirty (30) days after the date of such termination (but in no event later than the date of expiration of the term of the Option as set forth in Section 11 below), exercise the Option to the extent that Optionee was entitled to exercise it at the date of such termination. To the extent that Optionee was not entitled to exercise the Option at the date of such termination, or if Optionee does not exercise the Option within the time specified herein, the Option shall terminate.
Termination of Status as an Employee or Consultant. If Optionee ceases to serve as an Employee or Consultant, he or she may, but only within three (3) months after the date he or she ceases to be an Employee or Consultant of the Company, exercise this Option to the extent that he or she was entitled to exercise it at the date of such termination. To the extent that he or she was not entitled to exercise this Option at the date of such termination, or if he or she does not exercise this Option within the time specified herein, the Option shall terminate.
Termination of Status as an Employee or Consultant. Unless otherwise specified in your employment agreement with the Company, if any, if you cease to serve as an Employee or Consultant for any reason, other than your death, the vesting of your Shares shall immediately cease on the effective date of termination of your status as an Employee or Consultant and all unvested Shares subject to this Award shall be forfeited by you and cancelled and surrendered to the Company without payment of any consideration.
Termination of Status as an Employee or Consultant. In the event of -------------------------------------------------- termination of Optionee's Continuous Status as an Employee or Consultant, the Optionee may, but only within thirty (30) days after the date of such termination (but in no event later than the date of expiration of to be withheld by the Company as a result of any exercise of the Option from amounts payable to such person, subject to the following limitations:
(i) such election shall be irrevocable;
(ii) such election shall be subject to the disapproval of the Board at any time;
(iii) such election may not be made within six months of the grant date of the Option (except that this limitation shall not apply in the event of death or disability of such person occurring prior to the expiration of the six- month period); and
(iv) such election must be made either (A) six months prior to the date that the amount of tax to be withheld upon such exercise is determined or (B) in any ten-day period beginning on the third business day following the date of release by the Company for publication of quarterly or annual summary statements of sales or earnings of the Company. Any securities so withheld or tendered will be valued by the Company as of the date of exercise. APPLIED MICRO CIRCUITS CORPORATION a Delaware corporation By: /s/ Xxxx X. Xxxxxxxx --------------------- Xxxx X. Xxxxxxxx Title: Vice President Finance & Administration THIS SPACE INTENTIONALLY LEFT BALNK - SIGNATURE OF OPTIONEE ON FOLLOWING PAGE EXHIBIT A --------- STOCK OPTION NOTICE OF EXERCISE To: Applied Micro Circuits Corporation Attn: Stock Option Administrator Subject: Notice of Intention to Exercise Stock Option -------------------------------------------- This is official notice that the undersigned ("Optionee") intends to exercise Optionee's option to purchase Shares of Applied Micro Circuits Corporation Common Stock, all of which are vested, under and pursuant to the Company's 1992 Stock option Plan, as follows:
Termination of Status as an Employee or Consultant. If Optionee's services to the Company cease or are terminated for any reason (whether voluntary or involuntary, or whether for or without cause), such that Optionee is no longer eligible under Section 5 to participate in the Plan, Optionee may, but only within ninety (90) days after the date such services cease or are terminated , exercise this Stock Option to the extent that the Shares had vested and Optionee was entitled to exercise the Shares at the date such services ceased or were terminated. To the extent that certain Shares had not vested or Optionee was not entitled to exercise this Stock Option at the date such services ceased or were terminated, or if Optionee does not exercise this Stock Option within the time specified herein, the Stock Option shall terminate.
Termination of Status as an Employee or Consultant. If the Optionee is an Employee and ceases to serve as an Employee or if the Optionee is a Consultant and ceases to serve as a Consultant, then the Optionee may, but only within 3 months after the date he ceases to be an Employee or Consultant (as the case may be), exercise this Option to the extent that he was entitled to exercise it at the date of such termination pursuant to the Exercise Schedule. To the extent that he was not entitled to exercise this Option at the date of termination, or if he does not exercise this Option within the time specified herein, this Option shall terminate.
Termination of Status as an Employee or Consultant. In the event of termination of Optionee's Continuous Status as an Employee or Consultant for any reason other than death or disability, Optionee may, but only within thirty (45) days after the date of such termination (but in no event later than the date of expiration of the term of this Option as set forth in Section 11 below), exercise this Option to the extent that Optionee was entitled to exercise it at the date of such termination. To the extent that Optionee was not entitled to exercise this Option at the date of such termination, or if Optionee does not exercise this Option within the time specified herein, this Option shall terminate. Disability of Optionee. In the event of termination of Optionee's Continuous Status as an Employee or Consultant as a result of Optionee's disability, Optionee may, but only within six (6) months from the date of termination of employment or consulting relationship (but in no event later than the date of expiration of the term of this Option as set forth in Section 11 below), exercise this Option to the extent Optionee was entitled to exercise it at the date of such termination; provided, however that if the disability is not total and permanent (as defined in Section 22(e)(3) of the Code) and the Optionee exercises the option within the period provided above but more than three months after the date of termination, this Option shall automatically be deemed to be a Nonstatutory Stock Option and not an Incentive Stock Option; and provided, further, that if the disability is total and permanent (as defined in Section 22(e)(3) of the Code), then the Optionee may, but only within one (1) year from the date of termination of employment or consulting relationship (but in no event later than the date of expiration of the term of this Option as set forth in Section 11 below), exercise this Option to the extent Optionee was entitled to exercise it at the date of such termination. To the extent that Optionee was not entitled to exercise this Option at the date of termination, or if Optionee does not exercise such Option (which Optionee was entitled to exercise) within the time periods specified herein, this Option shall terminate.
Termination of Status as an Employee or Consultant. If Optionee ceases to serve as an Employee or Consultant, then Section 9 of the Plan shall govern the exercisability of all Options granted to the Optionee.
Termination of Status as an Employee or Consultant. In the event of termination of Optionee's continuous status as an Employee or Consultant, as such status may be determined and construed by the Company in its sole discretion ("Continuous Status"), for any reason other than death or disability
