Termination or Amendment. The Board may terminate or amend the Plan 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 hereof without the 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, if designated an Incentive Stock Option in the Notice, to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 16 contracts
Samples: Executive Employment Agreement (Ambrx Inc), Executive Employment Agreement (Ambrx Inc), Securities Agreement (Pacific DataVision, Inc.)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 8 in connection with a Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the 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, if designated an Incentive Stock Option in the Notice, to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 13 contracts
Samples: Stock Option Agreement (Emulate Therapeutics, Inc.), Stock Option Agreement (P F Changs China Bistro Inc), Stock Option Agreement (Tvia Inc)
Termination or Amendment. The Board may terminate or amend the Plan 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 hereof without the 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, if designated an Incentive Stock Option in the Notice, to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 10 contracts
Samples: Nonstatutory Stock Option Agreement (Power Integrations Inc), Nonstatutory Stock Option Agreement (Power Integrations Inc), Securities Purchase Agreement (Autonomy Corp PLC)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 8.1 in connection with a Change in ControlCorporate Transaction, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee Participant, unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option, if designated an Incentive Stock Option in the Notice, to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 5 contracts
Samples: Stock Option Agreement (Rivulet Media, Inc.), Stock Option Agreement (IsoRay, Inc.), Stock Option Agreement (IsoRay, Inc.)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Plan Section 8.2 in connection with a Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the 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, if designated an Incentive Stock Option in the Notice, to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 4 contracts
Samples: Stock Option Agreement (Auxilio Inc), Stock Option Agreement (Auxilio Inc), Stock Option Agreement (Auxilio Inc)
Termination or Amendment. The Board may terminate or amend the Plan 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 hereof without the consent of the Optionee unless such termination or amendment is permitted under the terms of the Option or is necessary to comply with any applicable law or government regulation or is required to enable the Option, if Option designated as an Incentive Stock Option in the Notice, Grant Agreement to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Samples: Stock Option Agreement (Tilly's, Inc.), Stock Option Agreement (Tilly's, Inc.)
Termination or Amendment. The Board may terminate or amend the Plan 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 hereof without the 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, if an Option designated as an Incentive Stock Option in the Notice, to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Samples: Stock Option Agreement (Axt Inc), Stock Option Agreement (Axt Inc)
Termination or Amendment. The Board may terminate or amend the Plan 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 hereof without the 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, if an Option designated as an Incentive Stock Option in the Notice, Grant Agreement to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
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Termination or Amendment. The Board may terminate or amend the Plan 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 hereof without the 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, if designated an Incentive Stock Option in the Notice, 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 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 hereof without the consent of the Optionee Participant unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option, if designated an Incentive Stock Option in the Notice, to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
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Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 8 in connection with a Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation regulation, including, but not limited to, Section 409A, or is required to enable the Option, if designated an Incentive Stock Option in the Notice, 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
Samples: Restricted Stock Agreement (Axt Inc)
Termination or Amendment. The Board may terminate or amend the Plan or the Option this ------------------------ option at any time; provided, however, that except as provided in Section 8.2 Paragraph 6 in connection with a Change in ControlCorporate Transaction, no such termination or amendment may adversely affect the Option this option or any unexercised portion hereof without the 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 Optionthis option, if designated an Incentive Stock Option in the Grant Notice, 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