Common use of Vesting of Option Shares Clause in Contracts

Vesting of Option Shares. (a) Unless and until terminated as hereinafter provided, the Option shall become exercisable to the extent of 25% of the Option Shares on the first anniversary of the Date of Grant and to the extent of an additional 25% on each of the second through the fourth anniversary of the Date of Grant so long as Optionee has remained in the continuous employ of the Company or a Subsidiary from the date hereof through such date. For the purposes of this Agreement, the continuous employment of Optionee with the Company or a Subsidiary shall not be deemed to have been interrupted, and Optionee shall not be deemed to have ceased to be an employee of the Company or a Subsidiary, by reason of (i) the transfer of Optionee's employment among the Company and its Subsidiaries or (ii) a leave of absence approved by the Board of not more than 90 days, unless Optionee has a statutory or contractual right to reemployment with the Company or a Subsidiary following an approved leave of absence of more than 90 days. To the extent that the Option shall have so become exercisable, it may be exercised in whole or in part from time to time. (b) Notwithstanding the provisions of paragraph 2(a) above, the Option shall become immediately exercisable to the extent of 100% of the Option Shares upon the occurrence of a Change in Control. If any event or series of events constituting a Change in Control shall be abandoned, the effect thereof shall be null and of no further force and effect and the provisions of Section 2(a) shall be reinstated but without prejudice to any exercise of the Option that may have occurred prior to such nullification. (c) Notwithstanding the provisions of paragraph 2(a) above, the Option shall become immediately exercisable to the extent of 100% of the Option Shares upon the death or Disability of Optionee.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Point West Capital Corp), Incentive Stock Option Agreement (Point West Capital Corp)

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Vesting of Option Shares. (a) Unless and until terminated as hereinafter provided, the Option shall become exercisable to the extent of 25% of the Option Shares on the first anniversary date of the Date of Grant and to the extent of an additional 25% on each of the second through the fourth anniversary of the Date of Grant so long as Optionee has remained in the continuous employ of the Company or a Subsidiary from the date hereof through such date. For the purposes of this Agreement, the continuous employment of Optionee with the Company or a Subsidiary shall not be deemed to have been interrupted, and Optionee shall not be deemed to have ceased to be an employee of the Company or a Subsidiary, by reason of (i) the transfer of Optionee's employment among the Company and its Subsidiaries or (ii) a leave of absence approved by the Board of not more than 90 days, unless Optionee has a statutory or contractual right to reemployment with the Company or a Subsidiary following an approved leave of absence of more than 90 days. To the extent that the Option shall have so become exercisable, it may be exercised in whole or in part from time to time. (b) Notwithstanding the provisions of paragraph 2(a) above, the Option shall become immediately exercisable to the extent of 100% of the Option Shares upon the occurrence of a Change in Control. If any event or series of events constituting a Change in Control shall be abandoned, the effect thereof shall be null and of no further force and effect and the provisions of Section 2(a) shall be reinstated but without prejudice to any exercise of the Option that may have occurred prior to such nullification. (c) Notwithstanding the provisions of paragraph 2(a) above, the Option shall become immediately exercisable to the extent of 100% of the Option Shares upon the death or Disability of Optionee. (d) Notwithstanding the provisions of paragraph 2(a), the unvested option grants are in consideration of future services.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Point West Capital Corp)

Vesting of Option Shares. (a) Unless and until terminated as hereinafter provided, the Option shall become exercisable to the extent of 2520% of the Option Shares on the first anniversary date of the Date of Grant and to the extent of an additional 2520% on each of the second through the fourth fifth anniversary of the Date of Grant so long as Optionee has remained in the continuous employ of the Company or a Subsidiary from the date hereof through such date. For the purposes of this Agreement, the continuous employment of Optionee with the Company or a Subsidiary shall not be deemed to have been interrupted, and Optionee shall not be deemed to have ceased to be an employee of the Company or a Subsidiary, by reason of (i) the transfer of Optionee's employment among the Company and its Subsidiaries or (ii) a leave of absence approved by the Board of not more than 90 days, unless Optionee has a statutory or contractual right to reemployment with the Company or a Subsidiary following an approved leave of absence of more than 90 days. To the extent that the Option shall have so become exercisable, it may be exercised in whole or in part from time to time. (b) Notwithstanding the provisions of paragraph 2(a) above, the Option shall become immediately exercisable to the extent of 100% of the Option Shares upon the occurrence of a Change in Control. If any event or series of events constituting a Change in Control shall be abandoned, the effect thereof shall be null and of no further force and effect and the provisions of Section 2(a) shall be reinstated but without prejudice to any exercise of the Option that may have occurred prior to such nullification. (c) Notwithstanding the provisions of paragraph 2(a) above, the Option shall become immediately exercisable to the extent of 100% of the Option Shares upon the death or Disability of Optionee. (d) Notwithstanding the provisions of paragraph 2(a), the unvested option grants are in consideration of future services.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Point West Capital Corp)

Vesting of Option Shares. (a) Unless and until terminated as hereinafter provided, the Option shall become exercisable to the extent of 25% of the Option Shares on the first anniversary date of the Date of Grant and to the extent of an additional 25% on each of the second through the fourth anniversary date of the Date of Grant so long as Optionee has remained in the continuous employ of the Company or a Subsidiary from the date hereof through such date. For the purposes of this Agreement, the continuous employment of Optionee with the Company or a Subsidiary shall not be deemed to have been interrupted, and Optionee shall not be deemed to have ceased to be an employee of the Company or a Subsidiary, by reason of (i) the transfer of Optionee's employment among the Company and its Subsidiaries or (ii) a leave of absence approved by the Board of not more than 90 days, unless Optionee has a statutory or contractual right to reemployment with the Company or a Subsidiary following an approved leave of absence of more than 90 days. To the extent that the Option shall have so become exercisable, it may be exercised in whole or in part from time to time. (b) Notwithstanding the provisions of paragraph 2(a) above, the Option shall become immediately exercisable to the extent of 100% of the Option Shares upon the occurrence of a Change in Control. If any event or series of events constituting a Change in Control shall be abandoned, the effect thereof shall be null and of no further force and effect and the provisions of Section 2(a) shall be reinstated but without prejudice to any exercise of the Option that may have occurred prior to such nullification. (c) Notwithstanding the provisions of paragraph 2(a) above, the Option shall become immediately exercisable to the extent of 100% of the Option Shares upon the death or Disability of Optionee. (d) Notwithstanding the provisions of paragraph 2(a), the unvested option grants are in consideration of future services.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Point West Capital Corp)

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Vesting of Option Shares. (a) Unless and until terminated as hereinafter provided, the Option shall become exercisable to the extent of 2520% of the Option Shares on the first anniversary of the Date of Grant November 17, 1998 and to the extent of an additional 2520% on each of the second first through the fourth anniversary of the Date of Grant November 17, 1998 so long as Optionee has remained in the continuous employ of the Company or a Subsidiary from the date thedate hereof through such date. For the purposes of this Agreement, the continuous employment of Optionee with the Company or a Subsidiary shall not be deemed to have been interrupted, and Optionee shall not be deemed to have ceased to be an employee of the Company or a Subsidiary, by reason of (i) the transfer of Optionee's employment among the Company and its Subsidiaries or (ii) a leave of absence approved by the Board of not more than 90 days, unless Optionee has a statutory or contractual right to reemployment with the Company or a Subsidiary following an approved leave of absence of more than 90 days. To the extent that the Option shall have so become exercisable, it may be exercised in whole or in part from time to time. (b) Notwithstanding the provisions of paragraph 2(a) above, the Option shall become immediately exercisable to the extent of 100% of the Option Shares upon the occurrence of a Change in Control. If any event or series of events constituting a Change in Control shall be abandoned, the effect thereof shall be null and of no further force and effect and the provisions of Section 2(a) shall be reinstated but without prejudice to any exercise of the Option that may have occurred prior to such nullification. (c) Notwithstanding the provisions of paragraph 2(a) above, the Option shall become immediately exercisable to the extent of 100% of the Option Shares upon the death or Disability of Optionee.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Point West Capital Corp)

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