Xxxxx of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (“Participant”), an option (the “Option”) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the “Exercise Price”), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. In the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (“ISO”), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Section 422(d) of the Code, this Option shall be treated as a Nonstatutory Stock Option (“NSO”). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such non-qualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Appears in 1 contract
Samples: Stock Option Agreement (F45 Training Holdings Inc.)
Xxxxx of Option. The Administrator of the Company hereby grants grants, to the Participant individual named in the Notice of Stock Option Grant in Part I Section 1 of this Option Agreement (“Participant”), an option (the “Option”) this Option to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the “Exercise Price”), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. In Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (“ISO”), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d) of the Code), this Option shall be treated as a Nonstatutory Stock Option (“NSO”). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such non-qualification, such this Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective affiliates, employees or directors have any liability to Participant (or any other person) due to the failure of the this Option to qualify for any reason as an ISO.
Appears in 1 contract
Samples: Equity Incentive Plan (Nyiax, Inc.)
Xxxxx of Option. The Plan Administrator of the Company hereby grants to the Participant Optionee named in the Notice of Stock Option Grant in attached as Part I of this Agreement (“Participant”), the "Optionee") an option (the “"Option”") to purchase the number of Shares Shares, as set forth in the Notice of Stock Option Grant, at the exercise price per Share share set forth in the Notice of Stock Option Grant (the “"Exercise Price”"), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. In By accepting this Option, the Optionee hereby accepts the Option described in this Agreement, and agrees to be bound by the terms of the Plan and this Agreement. The Optionee hereby further accepts that all the decisions and determinations of the Plan Administrator shall be final and binding. Subject to Section 15(c) of the Plan, in the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (“"ISO”"), this Option is intended to qualify as an Incentive Stock Option as defined in under Section 422 of the Code. NeverthelessHowever, if this Option is intended to be an Incentive Stock Option, to the extent that it exceeds the $100,000 rule of Code Section 422(d) of the Code, this Option it shall be treated as a Nonstatutory Stock Option (“"NSO”"). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such non-qualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Appears in 1 contract
Samples: Stock Option Agreement (Third Wave Technologies Inc /Wi)
Xxxxx of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in attached as Part I of this Agreement (the “Participant”), ) an option (the “Option”) to purchase the number of Shares Shares, as set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the “Exercise Price”), and subject to all of the terms and conditions of in this Agreement and the Plan, which is incorporated herein by reference. In Subject to Section 12.1 of the Plan, in the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (“ISO”), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d) of the Code), this Option shall be treated as a Nonstatutory Nonqualified Stock Option (“NSO”). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such non-qualificationnonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Appears in 1 contract
Xxxxx of Option. The Plan Administrator of the Company hereby grants to the Participant named Optionee panned in the Notice of Stock Option Grant set forth in Part I r of this Agreement (“Participant”), an option (.Agreement the “Option”) Option to purchase the number of Shares Shares, as set forth in the Notice of Stock Option Grant, at the exercise price per Share share set forth in the Notice of Stock Option Grant (the “"Exercise Price”"), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. In Subject to Section 17 of the Plan, in the event of a conflict between the terms and conditions of the Plan flan and the terms and conditions of this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (“ISO”)Option, this Option is intended to qualify as an Incentive Stock Option as defined in under Section 422 of the Code. NeverthelessHowever, if this Option is intended to be an Incentive Stock Option, to the extent that it exceeds the $100,000 rule of Code Section 422(d) of the Code), this Option it shall be treated as a Nonstatutory Stock Option (“NSO”)Option. Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to To the extent that only a fraction of such non-qualificationan Option Share shall vest at one time, such the number of Option Shares vested (or portion thereofwhich shall include any unvested fractional Option Shares which would have vested in prior vesting periods except for the terms of this paragraph) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due rounded down to the failure of nearest whole number, provided that, any Option Shares unvested on the last date an which Option to qualify for any reason as an ISOShares shall become vested shall become fully vested on that date.
Appears in 1 contract
Samples: Certicom Corp
Xxxxx of Option. The Administrator of the Company hereby grants to the Participant individual named in the Notice of Stock Option Grant in attached as Part I of this Agreement (the “Participant”), ) an option (the “Option”) to purchase the number of Shares Shares, as set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the “Exercise Price”), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. In Subject to Section 18(c) of the Plan, in the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Option Award Agreement, the terms and conditions of the Plan shall will prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (“ISO”), this Option is intended to qualify as an Incentive Stock Option as defined in under Section 422 of the Code. NeverthelessHowever, if this Option is intended to be an Incentive Stock Option, to the extent that it exceeds the $100,000 rule of Code Section 422(d) of the Code, this Option shall it will be treated as a Nonstatutory Stock Option (“NSO”). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such non-qualificationnonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Appears in 1 contract
Xxxxx of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (“Participant”), an option (the “Option”) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the “Exercise Price”), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. In Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (“ISO”), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d) of the Code), this Option shall be treated as a Nonstatutory Stock Option (“NSO”). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such non-qualificationnonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Appears in 1 contract
Samples: Stock Option Agreement (Stem, Inc.)
Xxxxx of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (“Participant”), an option (the “Option”) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the “Exercise Price”), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. In the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (“ISO”), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d) of the Code), this Option shall be treated as a Nonstatutory Stock Option (“NSO”). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such non-qualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Appears in 1 contract
Samples: Stock Option Agreement (F45 Training Holdings Inc.)
Xxxxx of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (“Participant”), an option (the “Option”) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the “Exercise Price”), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. In Subject to Section 18(c) of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (“ISO”), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d) of the Code), this Option shall be treated as a Nonstatutory Stock Option (“NSO”). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such non-qualificationnonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (Fluidigm Corp)
Xxxxx of Option. The Administrator of the Company hereby grants to the Participant Optionee named in the Notice of Stock Option Grant in (the “Notice of Grant”) attached as Part I of this Agreement (the “ParticipantOptionee”), ) an option (the “Option”) to purchase the number of Shares Shares, as set forth in the Notice of Stock Option Grant, at the exercise price per Share share set forth in the Notice of Stock Option Grant (the “Exercise Price”), and subject to all of the terms and conditions of the Plan, which is incorporated herein by reference. In Subject to Section 20(c) of the Plan, in the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (“ISO”), this Option is intended to qualify as an Incentive Stock Option as defined in ISO under Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d) of the Code), this Option it shall be treated as a Nonstatutory Stock Option (“NSO”). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such non-qualificationnonqualification, such the Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant Optionee (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Appears in 1 contract
Samples: Stock Option Agreement (Taleo Corp)