Amended and Restated Non-Qualified Stock Option Agreement for Employees (for Options vesting on or after January 1, 2005 with no date certain)Airnet Communications Corp • November 30th, 2005 • Radio & tv broadcasting & communications equipment • Delaware
AirNet Communications Corporation, a Delaware corporation (the “Company”), previously granted on the <Day> day of <Month> <Year> to <Employee> (“Employee”), an option to purchase a maximum of «Total Shares» Common Shares, at the price of <Price> per share (“Option Price”). Said option has been bifurcated effective this [____ day of December, 2005] to operationally comply with the requirements of section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), to distinguish between options vested prior to January 1, 2005 (not subject to section 409A of the Code) and options vesting on or after January 1, 2005 (subject to section 409A of the Code). Options vesting on or after January 1, 2005 are now subject to the following terms and conditions:
Amended and Restated Non-Qualified Stock Option Agreement for Employees (for Options vested prior to January 1, 2005)Airnet Communications Corp • November 30th, 2005 • Radio & tv broadcasting & communications equipment • Delaware
AirNet Communications Corporation, a Delaware corporation (the “Company”), has previously granted on the the <Day> day of <Month> <Year> to «EmployeeName» (“Employee”), an option to purchase a maximum of «Total» Common Shares, at the price of <Price> per share (“Option Price”). Said option has been bifurcated effective this [____ day of December, 2005] to operationally comply with the requirements of section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), to distinguish between options vested prior to January 1, 2005 (not subject to section 409A of the Code) and options vesting on or after January 1, 2005 (subject to section 409A of the Code). Options vested prior to January 1, 2005 were granted on the following terms and conditions:
