Who May Exercise. During the lifetime of the Option Holder, this option may be exercised only by the Option Holder. If the Option Holder dies or becomes disabled (within the meaning of Section 22(e)(3) of the Internal Revenue Code) prior to the termination date specified in Section 4 hereof without having exercised the option as to all of the shares covered thereby, the option may be exercised to the extent the Option Holder could have exercised the option on the date of her death or disability at any time prior to the earliest of the dates specified in Section 4(a) and (b) hereby by (i) the Option Holder's estate or a person who acquired the right to exercise the option by bequest or inheritance or by reason of the death of the Option Holder in the event of the Option Holder's death, or (ii) the Option Holder or her personal representative in the event of the Option Holder's disability, subject to the other terms of this Agreement, the Plan and applicable laws, rules and regulations. For purposes of this Agreement, the Company shall determine the date of disability of the Option Holder.
Appears in 4 contracts
Samples: Incentive Stock Option Agreement (Vermont Teddy Bear Co Inc), Incentive Stock Option Agreement (Vermont Teddy Bear Co Inc), Incentive Stock Option Agreement (Vermont Teddy Bear Co Inc)
Who May Exercise. During Except in the lifetime case of death or disability of the Option Holder, this option may be exercised only by the Option Holder. If the Option Holder dies or becomes disabled ([within the meaning of Section 22(e)(3) of the Internal Revenue Code) ] prior to the termination date specified in Section 4 hereof without having exercised the option as to all of the shares covered therebyhereby, the option may be exercised to the extent the Option Holder could have exercised the option on the date of her his death or disability at any time prior to the earliest earlier of the dates specified in Section 4(a) and (b) hereby hereof by (i) the Option Holder's ’s estate or a person who acquired the right to exercise the option by bequest or inheritance or by reason of the death of the Option Holder in the event of the Option Holder's ’s death, or (ii) the Option Holder or her his personal representative in the event of the Option Holder's ’s disability, subject to the other terms of this Agreement, the Plan and applicable laws, rules and regulations. For purposes of this Agreement, the Company shall determine the date of disability of the Option Holder.
Appears in 2 contracts
Samples: Nonqualified Stock Option Agreement (SWS Group Inc), Nonqualified Stock Option Agreement (SWS Group Inc)
Who May Exercise. During the lifetime of the Option Holder, this option may be exercised only by the Option Holder. If the Option Holder dies or becomes disabled (within the meaning of Section 22(e)(3) of the Internal Revenue Code) prior to the termination date specified in Section 4 5 hereof without having exercised the option as to all of the shares covered therebyhereby, the option may be exercised to the extent the Option Holder could have exercised the option on the date of her his death or disability at any time prior to the earliest earlier of the dates specified in Section 4(a5(a) and (b) hereby hereof by (i) the Option Holder's estate or a person who acquired the right to exercise the option by bequest or inheritance or by reason of the death of the Option Holder in the event of the Option Holder's death, or (ii) the Option Holder or her his personal representative in the event of the Option Holder's disability, subject to the other terms of this Agreement, the Plan and applicable laws, rules and regulations. For purposes of this Agreement, the Company shall determine the date of disability of the Option Holder.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Advanced Technical Products Inc)
Who May Exercise. During the lifetime of the Option Holder, this option may be exercised only by the Option Holder. If the Option Holder dies or becomes disabled (within the meaning of Section 22(e)(3) of the Internal Revenue Code) prior to the termination date specified in Section 4 hereof without having exercised the option as to all of the shares covered thereby, the option may be exercised to the extent the Option Holder could have exercised the option on the date of his or her death or disability at any time prior to the earliest of the dates specified in Section 4(a) and (b) hereby by (i) the Option Holder's estate or a person who acquired the right to exercise the option by bequest or inheritance or by reason of the death of the Option Holder in the event of the Option Holder's death, or (ii) the Option Holder or her his personal representative in the event of the Option Holder's disability, subject to the other terms of this Agreement, the Plan and applicable laws, rules and regulations. For purposes of this Agreement, the Company shall determine the date of disability of the Option Holder.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Vermont Teddy Bear Co Inc)
Who May Exercise. During Subject to the terms and conditions set forth in ---------------- Sections 3 and 4 above and the following sentence, during the lifetime of the Option HolderOptionee, unless transferred pursuant to a qualified domestic relations order (see Section 8, below), this option Stock Option may be exercised only by the Option HolderOptionee. If In the Option Holder dies or becomes disabled (within the meaning of Section 22(e)(3) event of the Internal Revenue Code) Optionee's Termination of Service as a result of death or Disability prior to the termination date specified in Section 4 hereof without having exercised the option as to all of the shares covered thereby4(a) hereof, the option following persons may be exercised exercise this Stock Option (to the extent the Option Holder could have exercised the option it is exercisable on the date of her death or disability Termination of Service) on behalf of the Optionee at any time prior to the earliest earlier of the dates specified in Section Sections 4(a) and or (b) hereby by hereof: (i) if the Option Holder's estate Optionee is disabled, the legal representative of the Optionee; or a (ii) if the Optionee dies, the personal representative of his estate, or the person who acquired acquires the right to exercise the option this Stock Option by bequest or inheritance or by reason of the death of the Optionee; provided that this Stock Option Holder in the event of the Option Holder's death, or (ii) the Option Holder or her personal representative in the event of the Option Holder's disability, shall remain subject to the other terms of this Agreement, the Plan 1993 Plan, and applicable laws, rules rules, and regulations. For purposes of this Agreement, the Company shall determine the date of disability of the Option Holder.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Cellstar Corp)
Who May Exercise. During the lifetime of the Option Holder, this option may be exercised only by the Option Holder. If the Option Holder dies or becomes disabled (within the meaning of Section 22(e)(3) of the Internal Revenue Code, as amended) prior to the termination date specified in Section 4 hereof without having exercised the option as to all of the shares covered therebyhereby, the option may be exercised to the extent of the total remaining shares that have not been purchased by exercise by the Option Holder could have exercised the option on prior to the date of her his death or disability at any time prior to the earliest of the dates date specified in Section 4(a) and (b) hereby 4 hereof by (i) the Option Holder's estate or a person who acquired the right to exercise the option by bequest or inheritance or by reason of the death of the Option Holder INDUSTRIAL DATA SYSTEMS CORPORATION STOCK OPTION AGREEMENT-Dana Swindler Page 1 in the event of the Option Holder's death, or (ii) the Option Holder or her his personal representative in the event of the Option Holder's disability, subject to the other terms of this Agreement, the Plan Agreement and applicable laws, rules and regulations. For purposes of this Agreement, the Company shall determine the date of disability of the Option Holder.
Appears in 1 contract