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 Transfer of 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 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 (Synopsys Inc), Incentive Stock Option Agreement (Broadcom Corp), Incentive Stock Option Agreement (Cisco Systems 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 Transfer of 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 regulation, including, but not limited to enable Section 409A of the Option to qualify as an Incentive Stock OptionCode. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 5 contracts
Samples: Stock Option Agreement (AEye, Inc.), Stock Option Agreement (Gemphire Therapeutics Inc.), Stock Option Agreement (SmartRent, 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 Transfer of 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 designated as an Incentive Stock Option in Section 1 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 (Diametrics Medical Inc), Stock Option Agreement (Allegro Biodiesel Corp), Stock Option Agreement (Diametrics Medical 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 Transfer of 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 to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 3 contracts
Samples: Stock Option Agreement (Allegro Biodiesel Corp), Stock Option Agreement (Allegro Biodiesel Corp), Stock Option Agreement (Allegro Biodiesel Corp)
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 8.3 in connection with a Transfer of ControlCorporate Transaction, 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 to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 3 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 or the Option at any time; provided, however, that except as provided in Section 8.2 8 in connection with a Transfer of 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 to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 3 contracts
Samples: Stock Option Agreement (Halozyme Therapeutics Inc), CreditCards.com, Inc., Stock Option Agreement (Nayna Networks, 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 Transfer of 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 to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 3 contracts
Samples: Invitrogen Corporation Nonstatutory Stock Option Agreement (Invitrogen Corp), Nonstatutory Stock Option Agreement (Applied Materials Inc /De), Jda Software Group Inc
Termination or Amendment. The Subject to applicable law, 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 Transfer of 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 to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Samples: Stock Option Agreement (AMCI Acquisition Corp. II), Stock Option Agreement (AMCI Acquisition Corp. II)
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 Transfer of Change in Control, no such termination or amendment may adversely affect have a materially adverse effect on the Option or any unexercised portion hereof thereof 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 regulation, including, but not limited to enable Section 409A of the Option to qualify as an Incentive Stock OptionCode. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Samples: Stock Option Agreement (Conatus Pharmaceuticals Inc.), Stock Option Agreement (Newlink Genetics Corp)
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 Transfer of 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 an Option designated as an Incentive Stock Option 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), 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 8 in connection with a Transfer of Change in Control, no such termination or amendment may adversely affect have a materially adverse effect on 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 to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Samples: Magnachip Semiconductor LLC, Magnachip Semiconductor LLC
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 7 in connection with a Transfer of 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 to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Samples: Vested Stock Option Agreement (Intelepeer Inc), Vested Stock Option Agreement (Intelepeer 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 Transfer of 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 to qualify as an Incentive Stock Optionincentive stock option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Samples: Stock Option Agreement (PDL Biopharma, Inc.), Incentive Stock Option Agreement (Network Computing Devices 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 Transfer of 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 to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Samples: Option Agreement (Pumatech Inc), Nonstatutory Stock Option Agreement (Pumatech 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 Transfer of 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 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: Incentive Stock Option Agreement (Krause L William), Incentive Stock Option Agreement (Krause L William)
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 Transfer of 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 to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Samples: Extreme Networks Inc, Extreme Networks 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 Transfer of 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 an Option designated as an Incentive Stock 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
Samples: Extreme Networks Inc
Termination or Amendment. The Board may terminate or amend the Plan or the this Option Agreement 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 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 to qualify as an Incentive Stock Option. No amendment Option or addition to this Option Agreement shall be effective unless comply with any change in writing.law or tax and accounting rules, including the provisions of Code Section 409A.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Intersearch Group 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 Transfer of 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 Transfer of 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 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: Option Agreement (Pumatech 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 the Plan in connection with a Transfer of 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 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 Amended Portion at any time; provided, however, that except as provided in Section 8.2 under the Plan in connection with a Transfer of Change in Control, no such termination or amendment may adversely affect the Option Amended Portion 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 to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Power Integrations 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 Transfer of 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 to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.is
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 Transfer of 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 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: Self Heating Container (Ontro 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 Transfer of ControlSections 3, 8 and 9, 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 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 Transfer of 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 to qualify as an Incentive Stock Optionregulation. 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 Transfer of 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 an Option designated as an ISO to qualify as an Incentive Stock OptionISO. 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 Transfer Change of 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 designated as an incentive stock option in the Grant Agreement to qualify as an Incentive Stock Optionincentive 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 this 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 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 to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Samples: Non Statutory Stock Option Agreement (Eco Soil Systems 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 Transfer of 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 to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing. 20.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Netscape Communications Corp)
Termination or Amendment. The Board or Committee 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 Transfer of 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 to qualify as an Incentive Stock Optionregulation. 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 Transfer of 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 an Option designated as an Incentive Stock Option in the Option 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 1 contract
Termination or Amendment. The Board may terminate or amend the Sub-Plan or the Option at any time; provided, however, that except as provided in Section 8.2 8 in connection with a Transfer of 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 to qualify as an Incentive Stock Optionregulation. 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 Sections 8.1 and 8.2 in connection with a Transfer transfer of Controlcontrol, 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 to qualify as an Incentive Stock Optionregulation. 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 Transfer of 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 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 Transfer of ControlSections 3 and 8, 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 to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Samples: Outside Director Stock Option Agreement (Invitrogen Corp)
Termination or Amendment. The Board may terminate or amend the Plan or the this 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 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 to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Samples: Non Statutory Stock Option Agreement (Eco Soil Systems 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 Transfer of 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 to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Aquis Communications Group Inc)
