Common use of Who May Exercise Clause in Contracts

Who May Exercise. Subject to the terms and conditions set forth in Sections 4 and 5 above, during the lifetime of the Participant, SARs may only be exercised by the Participant or his guardian or legal representative. If the Participant dies prior to the dates specified in Section 5 above without having exercised all of his or her then-vested SARs as of his or her date of death, then the following persons may exercise the exercisable portion of the SARs on behalf of the Participant at any time prior to the earliest of the dates specified in Section 5 hereof: the personal representative of his or her estate or any person who acquired the right to exercise the SARs by bequest or inheritance or by reason of the death of the Participant; provided that the SARs shall remain subject to the other terms of this Agreement, the Plan and all applicable laws, rules, and regulations.

Appears in 5 contracts

Samples: Stock Appreciation Rights Agreement (Texas Capital Bancshares Inc/Tx), Stock Appreciation Rights Agreement (Commercial Metals Co), Stock Appreciation Rights Agreement (Summit Bancshares Inc /Tx/)

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Who May Exercise. Subject to the terms and conditions set forth in Sections 4 and 5 above, during the lifetime of the Participant, the SARs may only be exercised by the Participant or his guardian or legal representative. If the Participant dies prior to the dates specified in Section 5 above without having exercised all of his or her then-vested SARs as of his or her date of death, then the following persons may exercise the exercisable portion of the SARs on behalf of the Participant at any time prior to the earliest of the dates specified in Section 5 hereofabove: the personal representative of his or her estate or any person who acquired the right to exercise the SARs by bequest or inheritance or by reason of the death of the Participant; provided that the SARs shall remain subject to the other terms of this Agreement, the Plan Plan, and all applicable lawsApplicable Laws, rules, and regulations.

Appears in 4 contracts

Samples: Stock Appreciation Rights Agreement (Uncommon Giving Corp), Stock Appreciation Rights Agreement (Uncommon Giving Corp), Stock Appreciation Rights Agreement (Uncommon Giving Corp)

Who May Exercise. Subject to the terms and conditions set forth in Sections 4 and 5 above, during the lifetime of the Participant, SARs the SAR may only be exercised by the Participant or his guardian or legal representative. If the Participant dies prior to the dates specified in Section 5 above without having exercised all of the portion of his or her then-vested SARs SAR as of his or her date of death, then the following persons may exercise the exercisable portion of the SARs SAR on behalf of the Participant at any time prior to the earliest of the dates specified in Section 5 hereof: the personal representative of his or her estate or any person who acquired the right to exercise the SARs SAR by bequest or inheritance or by reason of the death of the Participant; provided that the SARs SAR shall remain subject to the other terms of this Agreement, the Plan and all applicable laws, rules, and regulations.

Appears in 1 contract

Samples: Stock Appreciation Rights Agreement (Independence Contract Drilling, Inc.)

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Who May Exercise. Subject to the terms and conditions set forth in Sections 4 4.b. and 5 5.b. above, during the lifetime of the Participant, SARs may only be exercised by the Participant or his guardian or legal representative. If the Participant dies prior to the dates specified in Section 5 5.b. above without having exercised all of his or her then-vested SARs as of his or her date of deathSARs, then the following persons may exercise the exercisable portion of the SARs on behalf of the Participant at any time prior to the earliest of the dates specified in Section 5 5.b. hereof: the personal representative of his or her estate or any person who acquired the right to exercise the SARs by bequest or inheritance or by reason of the death of the Participant; provided that the SARs shall remain subject to the other terms of this Agreement, the Plan and all applicable laws, rules, and regulations.

Appears in 1 contract

Samples: Restricted Stock Award Agreement and Grant of Stock Appreciation Rights (Cellstar Corp)

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