Termination or Amendment. The Board may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof without the written consent of the Optionee.
Appears in 21 contracts
Samples: Nonstatutory Stock Option Agreement (Optionable Inc), Nonstatutory Stock Option Agreement (Optionable Inc), Nonstatutory Stock Option Agreement (Optionable Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or the Option or this Agreement at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof Participant’s rights under this Agreement without the written consent of the OptioneeParticipant unless such termination or amendment is necessary to comply with applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 17 contracts
Samples: Performance Share Unit Agreement (Hain Celestial Group Inc), Performance Share Unit Agreement (Hain Celestial Group Inc), Performance Share Unit Agreement (Hain Celestial Group Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such termination or amendment is necessary to comply with any applicable law or government regulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 14 contracts
Samples: Nonstatutory Stock Option Agreement (Verity Inc \De\), Nonstatutory Stock Option Agreement (Jda Software Group Inc), Securities Agreement (Netscape Communications Corp)
Termination or Amendment. The Board may terminate or amend the Plan and/or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such termination or amendment is necessary to comply with any applicable law or government regulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 14 contracts
Samples: Purchase and Sale Agreement (Surge Global Energy, Inc.), Nonstatutory Stock Option Agreement (Interwoven Inc), Nonstatutory Stock Option Agreement (Unify Corp)
Termination or Amendment. The Board may terminate or amend the Plan and/or or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such termination or amendment is necessary to comply with any applicable law or government regulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 12 contracts
Samples: Stock Option Agreement (PDL Biopharma, Inc.), Nonstatutory Stock Option Agreement (Autonomy Corp PLC), Nonstatutory Stock Option Agreement (Finisar Corp)
Termination or Amendment. The Board may terminate or amend the Plan and/or or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such termination or amendment is necessary to comply with any applicable law or government regulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 11 contracts
Samples: Nonstatutory Stock Option Agreement (Kaydon Corp), Nonstatutory Stock Option Agreement (Adobe Systems Inc), Nonstatutory Stock Option Agreement (Adobe Systems Inc)
Termination or Amendment. The Board Board, including any duly appointed committee of the Board, may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the Optionee.
Appears in 8 contracts
Samples: Nonqualified Stock Option Agreement (General Magic Inc), Nonqualified Stock Option Agreement (Natural Wonders Inc), Nonqualified Stock Option Agreement (Informix Corp)
Termination or Amendment. The Board Board, including any duly appointed committee of the Board, may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the action shall deprive any person, without such person's consent, of any rights previously granted pursuant to this Option or any unexercised portion thereof without the written consent of the OptioneeAgreement.
Appears in 8 contracts
Samples: Nonqualified Stock Option Agreement (Demegen Inc), Nonqualified Stock Option Agreement (Demegen Inc), Nonqualified Stock Option Agreement (Demegen Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or the this Option Agreement at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the Optionee., unless such amendment is required to comply with any change in law or tax and accounting rules, including the provisions of Code Section 409A.
Appears in 8 contracts
Samples: Nonqualified Stock Option Agreement (Patel Paresh), Nonqualified Stock Option Agreement (HCI Group, Inc.), Nonqualified Stock Option Agreement (HCI Group, Inc.)
Termination or Amendment. The Subject to the terms and conditions of the Plan, the Board may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeEmployee.
Appears in 7 contracts
Samples: Employee Non Qualified Stock Option Agreement (Zoran Corp \De\), Employment Agreement (Smartdisk Corp), Employment Agreement (Smartdisk Corp)
Termination or Amendment. The Board may terminate or amend the Plan and/or or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeParticipant unless such termination or amendment is necessary to comply with any applicable law or government regulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 7 contracts
Samples: Stock Option Agreement (Ironstone Group Inc), Stock Option Agreement (Q2 Holdings, Inc.), Stock Option Agreement (Q2 Holdings, Inc.)
Termination or Amendment. The Board may terminate or amend the Plan and/or the Option at any time; provided, however, that except as provided in Section 8.3 in connection with a Corporate Transaction, no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the Optionee.Optionee unless such termination or
Appears in 6 contracts
Samples: Nonstatutory Stock Option Agreement (General Magic Inc), Nonstatutory Stock Option Agreement (General Magic Inc), Nonstatutory Stock Option Agreement (General Magic Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof without the written consent of the Optionee, unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 6 contracts
Samples: Incentive Stock Option Agreement (Sgi International), Incentive Stock Option Agreement (Sgi International), Incentive Stock Option Agreement (Sgi International)
Termination or Amendment. The Board may terminate or amend the Plan and/or or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option designated as an Incentive Stock Option in Section 1 to qualify as an Incentive Stock Option. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 5 contracts
Samples: Security Agreement (Diametrics Medical Inc), Security Agreement (Allegro Biodiesel Corp), Security Agreement (Diametrics Medical Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or the this Option Agreement at any time; provided, however, that no such termination or amendment may materially adversely affect the this Option or any unexercised portion thereof hereof, as determined in the discretion of the Board, without the written consent of the OptioneeOptionee unless such amendment is required to enable this Option to qualify as an Incentive Stock Option.
Appears in 4 contracts
Samples: Incentive Stock Option Agreement (Groundfloor Finance Inc.), Incentive Stock Option Agreement (Groundfloor Finance Inc.), Incentive Stock Option Agreement (Groundfloor Finance Inc.)
Termination or Amendment. The Board may terminate or amend the Plan and/or the this Option Agreement at any time; provided, however, that no such termination or amendment may materially adversely affect the this Option or any unexercised portion thereof hereof, as determined in the discretion of the Board, without the written consent of the Optionee.
Appears in 4 contracts
Samples: Nonqualified Stock Option Agreement (Groundfloor Finance Inc.), Nonqualified Stock Option Agreement (Groundfloor Finance Inc.), Nonqualified Stock Option Agreement (Groundfloor Finance Inc.)
Termination or Amendment. The Board may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeGrantee.
Appears in 4 contracts
Samples: Employee Stock Option Agreement (Aflac Inc), Employee Stock Option Agreement (Aflac Inc), Employee Stock Option Agreement (Aflac Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such termination or amendment is necessary to comply with any applicable law or government regulation. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 3 contracts
Samples: Security Agreement (Allegro Biodiesel Corp), Security Agreement (Allegro Biodiesel Corp), Security Agreement (Allegro Biodiesel Corp)
Termination or Amendment. The Board may terminate or amend the Plan and/or the this Option Agreement at any time; provided, however, that no such termination or amendment may materially adversely affect the Option or any unexercised portion thereof hereof, as determined in the discretion of the Board, without the written consent of the OptioneeOptionee unless such amendment is required to enable the Option to qualify as an Incentive Stock Option.
Appears in 3 contracts
Samples: Incentive Stock Option Agreement (Aerie Pharmaceuticals Inc), Incentive Stock Option Agreement (Aerie Pharmaceuticals Inc), Incentive Stock Option Agreement (Aerie Pharmaceuticals Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or the this Option Agreement at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such amendment is required to enable the Option to qualify as an Incentive Stock Option.
Appears in 3 contracts
Samples: Incentive Stock Option Agreement (Liposcience Inc), Incentive Stock Option Agreement (Liposcience Inc), Incentive Stock Option Agreement (Accentia Biopharmaceuticals Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the Optionee.
Appears in 3 contracts
Samples: Nonqualified Stock Option Agreement (Tab Products Co), Nonqualified Stock Option Agreement (Tab Products Co), Nonqualified Stock Option Agreement (Tab Products Co)
Termination or Amendment. The Subject to the terms and conditions of the Plan, the Board may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeEmployee unless such amendment is required to enable the Option to qualify as an Incentive Stock Option.
Appears in 3 contracts
Samples: Employment Agreement (Smartdisk Corp), Employment Agreement (Smartdisk Corp), Director Non Qualified Stock Option Agreement (Portola Packaging Inc)
Termination or Amendment. The Board Board, including any duly appointed committee of the Board, may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the Optionee.
Appears in 2 contracts
Samples: Employment Agreement (General Magic Inc), Nonstatutory Stock Option Agreement (Trident Microsystems Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeGrantee unless such amendment is required to enable the Option to continue qualification as an incentive stock option.
Appears in 2 contracts
Samples: Employee Stock Option Agreement (Aflac Inc), Officer Stock Option Agreement (Aflac Inc)
Termination or Amendment. The Board Board, including any duly appointed committee of the Board, may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the action shall deprive any person, without such person’s consent, of any rights previously granted pursuant to this Option or any unexercised portion thereof without the written consent of the OptioneeAgreement.
Appears in 2 contracts
Samples: Nonqualified Stock Option Agreement (Dpac Technologies Corp), Incentive Stock Option Agreement (Dpac Technologies Corp)
Termination or Amendment. The Subject to the terms and conditions of the Plan, the Board may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeEmployee.
Appears in 2 contracts
Samples: Employee Non Qualified Stock Option Agreement (Oak Technology Inc), Employee Non Qualified Stock Option Agreement (Oak Technology Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or the and may amend this Option at any time; , provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof without the written consent of the Optionee.amendment
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Qk Healthcare Inc), Non Qualified Stock Option Agreement (Qk Healthcare Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or the this Option Agreement at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the Optionee.
Appears in 2 contracts
Samples: Nonqualified Stock Option Agreement (Liposcience Inc), Nonqualified Stock Option Agreement (Accentia Biopharmaceuticals Inc)
Termination or Amendment. The Board may amend, alter or terminate or amend the this Plan and/or the Option in any respect at any time; provided, however, that that, no amendment, alteration or termination of this Plan shall be made by the Board without approval of each affected Optionee and Grantee if such amendment, alteration or termination or amendment may would adversely affect his or her rights or obligations under any Award made prior to the Option date of such amendment, alteration or any unexercised portion thereof without the written consent of the Optioneetermination.
Appears in 2 contracts
Samples: 2001 Non Officer Long Term Incentive Plan (Talk America), 2001 Non Officer Long Term Incentive Plan (Talk America)
Termination or Amendment. The Board may terminate or amend the Plan and/or or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such termination or amendment is necessary to comply with any applicable law, regulation or rule. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Samples: Nonstatutory Stock Option Agreement (Power Integrations Inc), Nonstatutory Stock Option Agreement (Power Integrations Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeGrantee unless such amendment is required to enable the Option to continue qualification as an ISO.
Appears in 1 contract
Termination or Amendment. The Board Board, including any duly appointed committee of the Board, may terminate or amend the Plan and/or the Option at any timetime subject to any limitations described in the Plan; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the Optionee.
Appears in 1 contract
Samples: Nonstatutory Stock Option Agreement (C Cube Semiconductor Inc)
Termination or Amendment. The Subject to the terms and conditions of the Plan, the Board may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the Optionee.
Appears in 1 contract
Samples: Director Non Qualified Stock Option Agreement (Portola Packaging Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or or the Option Right at any time; provided, however, that no such termination or amendment may adversely affect the Option Right or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such termination or amendment is necessary to comply with any applicable law or government regulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Samples: Stock Option Agreement (Actions Semiconductor Co., Ltd.)
Termination or Amendment. The Board Board, including any duly appointed committee of the Board, may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such amendment is required to enable the Option to qualify as an Incentive Stock Option.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Enlighten Software Solutions Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or or the Option at any time; provided, however, that except as provided in Sections 3, 8 and 9, no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such termination or amendment is necessary to comply with any applicable law or government regulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Samples: Nonstatutory Stock Option Agreement (Invitrogen Corp)
Termination or Amendment. The Board Board, including any duly appointed committee of the Board, may terminate or amend the Plan and/or and /or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof without the written consent of the Optionee.or
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan and/or the Option this Agreement at any time; , provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof Options without the written consent of the Optionee, unless such termination or amendment is necessary to comply with any applicable law or regulation.
Appears in 1 contract
Samples: Option Agreement (OccuLogix, Inc.)
Termination or Amendment. The Board may terminate or amend the Plan and/or the Option at any time; , provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the Optionee. No amendment or addition to this Option Agreement shall be effective unless in writing and signed by both parties.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Home Shopping Network Inc)
Termination or Amendment. The Board Board, including any duly appointed committee of the Board, may terminate or amend the Plan and/or the terms of the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such amendment is required, in the opinion of the Board, to enable the Option to qualify as an Incentive Stock Option.
Appears in 1 contract
Samples: Employee Stock Option Agreement (Sirona Dental Systems, Inc.)
Termination or Amendment. The Board may terminate or amend the Plan and/or or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan and/or (subject to the provisions of the Plan) and may amend this Option at any time; , provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof without the written consent of the Optionee.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Andlinger Capital Xiii LLC)
Termination or Amendment. The Board may terminate or amend the Plan and/or or the Option at any time; provided, however, that except as provided in the Plan in connection with a Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan and/or the this Option ------------------------ Agreement at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the Optionee.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Liposcience Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or or the Option at any time; provided, however, that except as provided in Sections 3, 8 and 9, no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeOptionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board Board, including any duly appointed ------------------------ committee of the Board, may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the Optionee.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Consilium Inc)
Termination or Amendment. The Board may terminate or amend the Plan and/or the this Option ------------------------ Agreement at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the Optionee.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan and/or the Option ------------------------ at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeConsultant.
Appears in 1 contract
Termination or Amendment. The Subject to the terms and conditions of the Plan, the Board may terminate or amend the Plan and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Option or any unexercised portion thereof hereof without the written consent of the OptioneeDirector.
Appears in 1 contract
Samples: Outside Director Non Qualified Stock Option Agreement (Zoran Corp \De\)
Termination or Amendment. The Board may terminate or amend the Plan and/or the this Option Agreement at any time; provided, however, that no such termination or amendment may materially adversely affect the Option or any unexercised portion thereof hereof, as determined in the discretion of the Board, without the written consent of the Optionee.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Aerie Pharmaceuticals Inc)
