Termination of Warrants. The Warrants, to the extent not heretofore exercised, shall terminate on the first to occur of the following dates: (a) If the Employee's employment with the Corporation terminates because of his death, any Warrants held by the Employee on the date of his death may be exercised only within thirty (30) days after his death and only to the extent that the Warrants could have been exercised immediately before the Employee's death; (b) If the Employee's employment with the Corporation terminates because of Total Disability (as hereinafter defined) after at least one (1) year of continuous employment with the Corporation immediately following the date on which Warrants were originally granted in the Employment Agreement, the Employee may exercise the Warrant to the extent that it could be exercised upon such termination of employment at any time within thirty (30) days after the employment shall terminate; (c) If the Employee's employment with the Corporation terminates because of his retirement after at least one (1) year of continuous employment with the Corporation immediately following the date on which the Warrants were granted, the Employee may exercise the Warrant to the extent that the Warrants can be exercised upon such termination of employment at any time within thirty (30) days after retirement. Retirement means retirement from the Corporation pursuant to the provisions of the Corporation's policy as may be implemented by the Board of Directors from time to time.;
Appears in 4 contracts
Samples: Shareholder Agreement (Red Hat Inc), Shareholder Agreement (Red Hat Inc), Agreement (Red Hat Inc)
Termination of Warrants. The Warrants, to the extent not heretofore exercised, shall terminate on the first to occur of the following dates:
(a) If the Employee's employment with the Corporation terminates because of his her death, any Warrants held by the Employee on the date of his her death may be exercised only within thirty (30) days after his her death and only to the extent that the Warrants could have been exercised immediately before the Employee's death;
(b) If the Employee's employment with the Corporation terminates because of Total Disability (as hereinafter defined) after at least one (1) year of continuous employment with the Corporation immediately following the date on which Warrants were originally granted in the Employment Agreement, the Employee may exercise the Warrant to the extent that it could be exercised upon such termination of employment at any time within thirty (30) days after the employment shall terminate;
(c) If the Employee's employment with the Corporation terminates because of his her retirement after at least one (1) year of continuous employment with the Corporation immediately following the date on which the Warrants were granted, the Employee may exercise the Warrant to the extent that the Warrants can be exercised upon such termination of employment at any time within thirty (30) days after retirement. Retirement means retirement from the Corporation pursuant to the provisions of the Corporation's policy as may be implemented by the Board of Directors from time to time.;
Appears in 2 contracts
Samples: Employment Agreement (Red Hat Inc), Agreement (Red Hat Inc)