Unvested Stock Options. Any portion of the Stock Option that is not vested as of the date of a Participant’s Termination for any reason shall terminate and expire on the date of such Termination.
Unvested Stock Options. Notwithstanding the contrary provisions of the Stock Option Agreements and the Stock Option Plans, each Option that is not exercisable on the date hereof shall not vest and become exercisable on or after the date hereof or upon the consummation of the "Offer" (as defined in the Merger Agreement) or the "Merger" (as defined in the Merger Agreement). At the "Effective Time" (as defined in the Merger Agreement), each Option that is not exercisable on the date hereof (including any such Option with a per share exercise price equal to or greater than the "Merger Consideration" (as defined in the Merger Agreement)) shall be cancelled and the Stock Option Agreements with respect to such Options shall terminate and have no further force and effect. Subject to vesting in accordance with this Section, the Company shall pay Executive, for each share of Common Stock subject to such Option, an amount (subject to any applicable withholding tax), in cash, equal to the difference between the "Merger Consideration" (as defined in the Merger Agreement) and the per share exercise price of such Option, to the extent such difference is a positive number (such amount while held in escrow, including interest thereon, being hereinafter referred to as the "Deferred Option Consideration"). The Deferred Option Consideration (or portion thereof) shall be paid by the Escrow Agent (as defined below), to Executive on December 31, 2001, provided such Deferred Option Consideration shall have become vested, or to the Company immediately upon forfeiture, in accordance with this Section. The Deferred Option Consideration will be deposited by the Company at the Effective Time into an interest bearing escrow account with an escrow agent (the "Escrow Agent") reasonably acceptable to the Executive and the Purchaser. In the event Executive is then employed by the Company, 50% of the Deferred Option Consideration shall vest on March 31, 2001 and in the event Executive is then employed by the Company, the remaining 50% of the Deferred Option Consideration shall vest on June 30, 2001; provided, however, that, in the event Executive's employment with the Company terminates due to an Involuntary Termination Without Cause or a Constructive Termination, the Deferred Option Consideration shall thereupon vest in full and be immediately paid. In the event Executive's employment with the Company terminates prior to the vesting of the Deferred Option Consideration other than due to an Involuntary Termination...
Unvested Stock Options. Schedule 9.4(m) provides for the disposition ---------------------- --------------- of unvested stock options held by certain Transferred Employees.
Unvested Stock Options. With respect to those Executive Stock Options in which Executive is not fully vested, the Executive shall become fully vested in all unvested Executive Stock Options on the Closing Date.
Unvested Stock Options. Effective as of the Effective Time, each Unvested Company Stock Option will be assumed by Parent and converted into an option to purchase Parent Common Stock (each, an “Assumed Option”). Each Assumed Option will continue to have, and be subject to, equivalent principal terms and conditions as provided in the respective Company Stock Plan and option agreement governing the Unvested Company Stock Option it replaced, as in effect immediately prior to the Effective Time (including vesting schedules and vesting commencement dates), except that:
Unvested Stock Options. At the Effective Time, each Company Option that is unvested, outstanding and unexercised immediately prior to the Effective Time (after giving effect to any vesting that is contingent upon the Merger) shall be cancelled.
Unvested Stock Options. Nothing contained in this Agreement shall be construed as amending unvested stock options granted to Associate under the Plan or otherwise. Wal-Mart and Associate agree and acknowledge that any unvested stock option grants to Associate will be forfeited in accordance with their terms on the Retirement Date.
Unvested Stock Options. Subject to (e) below, if applicable, as of the Commencement Date, the Company has granted the Executive stock options in respect of 360,000 shares of Common Stock. The stock options shall be granted at an exercise price equal to Fair Market Value on the Commencement Date. The stock options shall be granted under the KELTIP and pursuant to the terms and conditions set forth in Exhibit C.
Unvested Stock Options. Except as otherwise determined by the Administrator, any portion of the Stock Option held by an Optionee that is not exercisable on the date such Optionee’s service as a director ceases (determined after taking into account the effect of any death, disability or Change in Control under Section 4 above) shall be deemed to have expired immediately prior to such cessation of service.
Unvested Stock Options. As of the date of this Agreement, you also hold unvested options to purchase 37,000 shares of Heritage common stock under the Equity Incentive Plan. These options are not yet exercisable. However, Heritage agrees to accelerate the vesting of all of these options so that they will be immediately exercisable and will remain exercisable for one-hundred and eighty (180) days following the Separation Date, or through December 29, 2004. Following December 29, 2004, any unexercised options will terminate. As stated above, you will continue to be entitled to participate in Heritage's cashless exercise program during the period in which your options are exercisable. To the extent that you incur any federal or state taxes in connection with the acceleration of these otherwise unvested options, the exercise of these options and/or the sale of any shares in connection with the exercise, you will be required to pay or Heritage will withhold those taxes.
