Common use of NOTICE OF STOCK OPTION GRANT Clause in Contracts

NOTICE OF STOCK OPTION GRANT. The Company, pursuant to action of the Committee and in accordance with the Plan, grants to Optionee an Incentive Stock Option to purchase common stock of the Company, $0.0001 par value per share (the “Option Shares”), upon the terms and conditions set forth in the Agreement: Name of Optionee Total Number of Option Shares Fair Market Value per Option Share on Grant Date and Option Price Grant Date Number of Option Shares Subject to Time-Based Vesting (the “Time-Based Option Shares”) Time-Based Vesting Schedule Number of Option Shares Subject to Performance-Based Vesting (the “Performance-Based Option Shares”) Performance-Based Vesting Schedule Expiration Date No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above), subject to the provisions hereof and of the Plan. All or a portion of the Option Shares may vest based on length of Employment, as set forth above, and the remainder of the Option Shares may vest based upon achievement of performance goals, as specified above. If the number of Option Shares would result in the issuance of a fraction of a share, no fractional share shall be issued and instead the number of Option Shares shall be increased or decreased to the nearest whole number. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to the Option exercisable by Optionee in any calendar year exceeds $100,000, then the Option granted hereunder to Optionee shall, to the extent and in the order required by regulations promulgated under the Code (or any other authority having the force of regulations), automatically be deemed to be non-qualified Options, but all other terms and provisions of such Option shall remain unchanged.

Appears in 1 contract

Samples: Executive Incentive Stock Option Agreement (Reed's, Inc.)

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NOTICE OF STOCK OPTION GRANT. The Company, pursuant to action of the Committee and in accordance with the Plan, grants to Optionee an Incentive Stock Option to purchase common stock of the Company, $0.0001 par value per share (the “Option Shares”), upon the terms and conditions set forth in the Agreement: Name of Optionee Mxxxxxx X. Xxxxxx Total Number of Option Shares Option 1: 100,000 Option 2: 100,000 Option 3: 100,000 Fair Market Value per Option Share on Grant Date and Option Price Fair Market Value: $0.16 Option 1: $0.60 Option 2: $1.00 Option 3: $1.50 Grant Date April 24, 2023 Number of Option Shares Subject to Time-Time Based Vesting (the “Time-Based Option Shares”) Time-1: 100,000 Option 2: 100,000 Option 3: 100,000 Time Based Vesting Schedule Option 1: December 31, 2023 Option 2: December 31, 2024 Option 3: December 31, 2025 Number of Option Shares Subject to Performance-Performance Based Vesting (the “Performance-Based Option Shares”) Performance-N/A Performance Based Vesting Schedule N/A Expiration Date April 24, 2033 Incentive Stock Option Agreement 1 No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee (as defined in the Plan) to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above), subject to the provisions hereof and of the Plan. All or a portion of the Option Shares may vest based on length of Employment, as set forth above, and the remainder of the Option Shares may vest based upon achievement of performance goals, as specified above. If the number of Option Shares would result in the issuance of a fraction of a share, no fractional share shall be issued and instead the number of Option Shares shall be increased or decreased to the nearest whole number. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to the Option exercisable by Optionee in any calendar year exceeds $100,000, then the Option granted hereunder to Optionee shall, to the extent and in the order required by regulations promulgated under the Code (or any other authority having the force of regulations), automatically be deemed to be non-qualified Options, but all other terms and provisions of such Option shall remain unchanged.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Amergent Hospitality Group Inc.)

NOTICE OF STOCK OPTION GRANT. Name of Optionee The Company, pursuant to action of the Committee and in accordance with the Plan, grants to undersigned Optionee has been granted an Incentive Stock Option to purchase common stock Common Stock of the Company, $0.0001 par value per share (the “Option Shares”), upon subject to the terms and conditions set forth in of the Plan and this Stock Option Agreement, as follows: Name Grant Number: Date of Optionee Grant: Vesting Commencement Date: Exercise Price per Share: $ Total Number of Option Shares Fair Market Value per Option Share on Grant Date and Option Price Grant Date Number Granted: Total Exercise Price: $ Type of Option Shares Subject to Time-Based Option: Term/Expiration Date: Vesting (the “Time-Based Option Shares”) Time-Based Vesting Schedule Number of Option Shares Subject to Performance-Based Vesting (the “Performance-Based Option Shares”) Performance-Based Vesting Schedule Expiration Date No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee to accelerate the exercisability schedule hereunder, this Schedule: ----------------- This Option shall be exercisable with respect exercisable, in whole or in part, according to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above), subject to the provisions hereof and of the Plan. All or a portion of the Option Shares may vest based on length of Employment, as set forth above, and the remainder of the Option Shares may vest based upon achievement of performance goals, as specified above. If the number of Option Shares would result in the issuance of a fraction of a share, no fractional share shall be issued and instead the number of Option Shares shall be increased or decreased to the nearest whole number. following vesting schedule: Year One - Termination Period: ------------------- Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to the Option exercisable Options held by Optionee in any calendar year exceeds $100,000, then the Option granted hereunder to Optionee shallmay be exercised, to the extent then exercisable, for a period of three month after the date of Optionee's termination of employment; provided, however, that Optionee's termination of employment is other than for deliberate, willful or gross misconduct. Upon Optionee's retirement or disability, any Options held by the Optionee at the time of retirement or disability will be exercisable for a period of 12 months after the date of such termination of employment. Upon Optionee's death after termination of employment, other than termination of employment for deliberate, willful or gross misconduct, the person or persons to whom the Optionee's rights are transferred by will or the laws of descent and distribution shall have a period of three years from the date of termination of the Optionee's employment to exercise any Options which the Optionee could have exercised during such period. Furthermore, in the order required event of the death of an Optionee while employed, any Options then held by regulations promulgated under the Code (Optionee shall become fully and immediately exercisable and may be exercised by the person or any other authority having persons to whom the force Optionee's rights are transferred by will or the laws of regulations), automatically be deemed to be non-qualified Options, but all other terms descent and provisions distribution for a period of such three years after the Optionee's death. In no event may Optionee exercise this Option shall remain unchangedafter the Term/Expiration Date as provided above.

Appears in 1 contract

Samples: Plan Stock Option Agreement (Corporate Road Show Dot Com Inc)

NOTICE OF STOCK OPTION GRANT. The Company, pursuant to action of the Committee and in accordance with the Plan, grants to Optionee Participant Name: Address: You have been granted an Incentive Stock Option to purchase common stock Common Stock of the CompanyTeleNav, $0.0001 par value per share Inc. (the “Option SharesCompany), upon the terms and conditions set forth in the Agreement: Name of Optionee Total Number of Option Shares Fair Market Value per Option Share on Grant Date and Option Price Grant Date Number of Option Shares Subject to Time-Based Vesting (the “Time-Based Option Shares”) Time-Based Vesting Schedule Number of Option Shares Subject to Performance-Based Vesting (the “Performance-Based Option Shares”) Performance-Based Vesting Schedule Expiration Date No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above), subject to the terms and conditions of the Plan and this Award Agreement, as follows: Grant Number Date of Grant Vesting Commencement Date Exercise Price per Share $ Total Number of Shares Granted Total Exercise Price $ Type of Option: Nonstatutory Stock Option Term/Expiration Date: Vesting Schedule: Subject to any acceleration provisions hereof contained in the Plan or set forth below, this Option may be exercised, in whole or in part, in accordance with the following schedule: [INSERT VESTING SCHEDULE] Termination Period: To the extent permitted by Applicable Law and subject to the terms of the Plan and the Terms and Conditions of Stock Option Grant, attached hereto as Exhibit A, this Option will be exercisable for [three (3) months] after Participant ceases to be a Service Provider, unless such termination is due to Participant’s death or Disability, in which case this Option will be exercisable for [twelve (12) months] after Participant ceases to be a Service Provider. Notwithstanding the foregoing, in no event may this Option be exercised after the Term/Expiration Date as provided above and may be subject to earlier termination as provided in Section [14] of the Plan. All or a portion By Participant’s signature and the signature of the Option Shares may vest based on length of EmploymentCompany’s representative below, as set forth above, Participant and the remainder Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Agreement, including the Terms and Conditions of Stock Option Shares may vest based Grant (attached hereto as Exhibit A), all of which are made a part of this document. Participant has reviewed the Plan and this Award Agreement in their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Plan and Award Agreement. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon achievement of performance goals, as specified aboveany questions relating to the Plan and Award Agreement. If Participant further agrees to notify the number of Option Shares would result Company upon any change in the issuance of a fraction of a shareresidence address indicated below. PARTICIPANT: TELENAV, no fractional share shall be issued and instead the number of Option Shares shall be increased or decreased to the nearest whole numberINC. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to the Option exercisable by Optionee in any calendar year exceeds $100,000, then the Option granted hereunder to Optionee shall, to the extent and in the order required by regulations promulgated under the Code (or any other authority having the force of regulations), automatically be deemed to be non-qualified Options, but all other terms and provisions of such Option shall remain unchanged.Signature By Print Name Title Residence Address: EXHIBIT A

Appears in 1 contract

Samples: PRC Stock Option Award Agreement (TeleNav, Inc.)

NOTICE OF STOCK OPTION GRANT. The Company, pursuant to action of the Committee and in accordance with the Plan, grants to Optionee Participant Name: Address: You have been granted an Incentive Stock Option to purchase common stock Common Stock of the CompanyTesla Motors, $0.0001 par value per share Inc. (the “Option SharesCompany), upon the terms and conditions set forth in the Agreement: Name of Optionee Total Number of Option Shares Fair Market Value per Option Share on Grant Date and Option Price Grant Date Number of Option Shares Subject to Time-Based Vesting (the “Time-Based Option Shares”) Time-Based Vesting Schedule Number of Option Shares Subject to Performance-Based Vesting (the “Performance-Based Option Shares”) Performance-Based Vesting Schedule Expiration Date No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above), subject to the terms and conditions of the Plan and this Award Agreement, as follows: Grant Number Date of Grant Vesting Commencement Date Exercise Price per Share $ Total Number of Shares Granted Total Exercise Price $ Type of Option: Incentive Stock Option Nonstatutory Stock Option Term/Expiration Date: Vesting Schedule: Subject to any acceleration provisions hereof contained in the Plan or set forth below, this Option may be exercised, in whole or in part, in accordance with the following schedule: [insert vesting schedule] Termination Period: This Option will be exercisable for three (3) months after Participant ceases to be a Service Provider, unless such termination is due to Participant’s death or Disability, in which case this Option will be exercisable for twelve (12) months after Participant ceases to be Service Provider. Notwithstanding the foregoing, in no event may this Option be exercised after the Term/Expiration Date as provided above and may be subject to earlier termination as provided in Section 14 of the Plan. All or a portion By Participant’s signature and the signature of the Option Shares may vest based on length of EmploymentCompany’s representative below, as set forth above, Participant and the remainder Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Agreement, including the Terms and Conditions of Stock Option Shares may vest based Grant, attached hereto as Exhibit A, all of which are made a part of this document. Participant has reviewed the Plan and this Award Agreement in their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Plan and Award Agreement. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon achievement of performance goals, as specified aboveany questions relating to the Plan and Award Agreement. If Participant further agrees to notify the number of Option Shares would result Company upon any change in the issuance of a fraction of a shareresidence address indicated below. PARTICIPANT: TESLA MOTORS, no fractional share shall be issued and instead the number of Option Shares shall be increased or decreased to the nearest whole numberINC. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to the Option exercisable by Optionee in any calendar year exceeds $100,000, then the Option granted hereunder to Optionee shall, to the extent and in the order required by regulations promulgated under the Code (or any other authority having the force of regulations), automatically be deemed to be non-qualified Options, but all other terms and provisions of such Option shall remain unchanged.Signature By Print Name Title Residence Address: EXHIBIT A

Appears in 1 contract

Samples: Stock Option Award Agreement (Tesla Motors Inc)

NOTICE OF STOCK OPTION GRANT. The CompanyCyan, pursuant to action of the Committee and in accordance with the Plan, grants to Optionee an Incentive Stock Option to purchase common stock of the Company, $0.0001 par value per share Inc. (the “Company”) has granted the individual (“Participant”) named above an Option Shares”), upon the terms and conditions set forth in the Agreement: Name of Optionee Total Number of Option Shares Fair Market Value per Option Share on Grant Date and Option Price Grant Date Number of Option Shares Subject to Time-Based Vesting (the “Time-Based Option SharesOption”) Time-Based Vesting Schedule Number to purchase shares of Option Shares Subject to Performance-Based Vesting (the “Performance-Based Option Shares”) Performance-Based Vesting Schedule Expiration Date No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee Common Stock of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above“Shares”), subject to the terms and conditions of the Plan and this U.S. Stock Option Award Agreement, including the Terms and Conditions of Stock Option Grant attached hereto as Exhibit A (collectively, the “Award Agreement”), as follows: Grant Number Date of Grant Vesting Commencement Date Exercise Price per Share $ Total Number of Shares Granted Total Exercise Price $ Type of Option: Incentive Stock Option Nonstatutory Stock Option Term/Expiration Date: Vesting Schedule: Subject to any acceleration provisions hereof and contained in the Plan or set forth below, the Option may be exercised, in whole or in part, in accordance with the following schedule: [INSERT VESTING SCHEDULE] The vesting of the Option in accordance with the schedule set forth above is subject to Participant continuing to be a Service Provider for the Company or a Parent or Subsidiary of the Company through each vesting date. For purposes of the Option, unless Participant is on a leave of absence approved by the Company as set forth in Section 11 of the Plan. All , Participant’s status as a Service Provider will be considered terminated as of the date that Participant is no longer actively providing services for the Company or a portion Parent or Subsidiary of the Option Shares may vest based on length of Employment, as set forth above, and the remainder Company (regardless of the Option Shares may vest based upon achievement reason for such termination and whether or not later found to be invalid or in breach of performance goals, as specified above. If the number of Option Shares would result employment laws in the issuance jurisdiction where Participant is providing services or the terms of a fraction of a shareParticipant’s employment or service agreement, no fractional share shall be issued and instead if any) and, unless otherwise expressly provided in the number of Option Shares shall be increased Award Agreement or decreased otherwise determined by the Company, Participant’s right to the nearest whole number. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to in the Option exercisable by Optionee in any calendar year exceeds $100,000, then the Option granted hereunder to Optionee shall, to the extent and in the order required by regulations promulgated under the Code (or any other authority having the force of regulations)Plan, automatically be deemed to be non-qualified Optionsif any, but all other terms and provisions will terminate as of such Option shall remain unchangeddate and will not be extended by any notice or severance period.

Appears in 1 contract

Samples: Stock Option Award Agreement (Cyan Inc)

NOTICE OF STOCK OPTION GRANT. The You have been granted the following option (“Option”) to purchase Common Stock of Southern States Bancshares, Inc. (the “Company, pursuant to action ”): Name of the Committee and in accordance with the Plan, grants to Optionee an Grantee: Total Number of Shares Granted: Type of Option: ☐ Incentive Stock Option (“ISO”) ☐ Nonstatutory Stock Option (“Non-ISO”) To the extent an ISO does not qualify as such pursuant to purchase common stock applicable provisions of the Plan and Code Section 422(c), it shall be a Non-Qualified Stock Option (“NQSO”). To qualify for the favorable federal income tax treatment for ISOs, the Grantee must not dispose of shares obtained from exercise of an Option until at least two years after the date of grant and one year after the date of exercise of the Option. If these holding periods are not met, the sale or other disposition of shares will be a disqualifying disposition pursuant to Code Section 422(c). Exercise Price Per Share: $ Date of Grant: , Exercise Schedule: The right of the Grantee to exercise and acquire the number of shares subject to this Option shall vest in equal installments over a period of years, commencing on the first anniversary of the Date of Grant. Upon termination of Grantee’s employment by the Company without cause, all options immediately vest. Expiration Date: , By your signature and the signature of the Company’s representative below, $0.0001 par value per share (you and the Company agree that this Option Shares”), upon is granted under and governed by the terms and conditions set forth of the Company’s 2017 Incentive Stock Compensation Plan and the Stock Option Agreement, both of which are attached hereto and made a part hereof. GRANTEE: SOUTHERN STATES BANCSHARES, INC. By: [name] Xxxxxxx X. Xxxxxxx Its Chairman, President and CEO Date Date EXHIBIT “B” DESIGNATION OF BENEFICIARY for the STOCK OPTION AGREEMENT Pursuant to Southern States Bancshares, Inc. 2017 Stock Compensation Plan Name of Grantee: Date of Stock Option Agreement: If my Continuous Service with the Company terminates by reason of my death, or if I shall die after I have terminated my service with the Company, but, prior to the expiration of the Option (as provided in the Agreement: Name of Optionee Total Number of Option Shares Fair Market Value per Option Share on Grant Date and Option Price Grant Date Number of Option Shares Subject to Time-Based Vesting (the “Time-Based Option Shares”) Time-Based Vesting Schedule Number of Option Shares Subject to Performance-Based Vesting (the “Performance-Based Option Shares”) Performance-Based Vesting Schedule Expiration Date No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above), subject to the provisions hereof and of the Plan. All or a portion of the Option Shares may vest based on length of Employment, as set forth above, and the remainder of the Option Shares may vest based upon achievement of performance goals, as specified above. If the number of Option Shares would result in the issuance of a fraction of a share, no fractional share shall be issued and instead the number of Option Shares shall be increased or decreased to the nearest whole number. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect then all rights to the Option exercisable by Optionee in any calendar year exceeds $100,000, then granted under the Option granted hereunder to Optionee shallAgreement that I hereby hold upon my death, to the extent and not previously terminated or forfeited, shall be transferred to my primary beneficiary designated below, or to my secondary beneficiary designated below if my primary beneficiary is unable to accept transfer, in the order required by regulations promulgated under manner provided for in the Code (or any other authority having Plan and the force of regulations), automatically be deemed to be non-qualified Options, but all other terms and provisions of such Option shall remain unchanged.Agreement. Primary Beneficiary: Relationship: Address: Phone: Secondary Beneficiary: Relationship: Address: Phone: Grantee Signature Date

Appears in 1 contract

Samples: Stock Option Agreement (Southern States Bancshares, Inc.)

NOTICE OF STOCK OPTION GRANT. The Company, pursuant to action of the Committee and in accordance with the Plan, grants to Optionee Participant Name: Address: You have been granted an Incentive Stock Option to purchase common stock Common Stock of the CompanyBrightSource Energy, $0.0001 par value per share Inc. (the “Option SharesCompany), upon the terms and conditions set forth in the Agreement: Name of Optionee Total Number of Option Shares Fair Market Value per Option Share on Grant Date and Option Price Grant Date Number of Option Shares Subject to Time-Based Vesting (the “Time-Based Option Shares”) Time-Based Vesting Schedule Number of Option Shares Subject to Performance-Based Vesting (the “Performance-Based Option Shares”) Performance-Based Vesting Schedule Expiration Date No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above), subject to the terms and conditions of the Plan and this Award Agreement, as follows: Grant Number Date of Grant Vesting Commencement Date Exercise Price per Share $ Total Number of Shares Granted Total Exercise Price $ Type of Option: U.S. Incentive Stock Option U.S. Nonstatutory Stock Option Term/Expiration Date: Vesting Schedule: Subject to any acceleration provisions hereof contained in the Plan or set forth below, this Option may be exercised, in whole or in part, in accordance with the following schedule: [INSERT VESTING SCHEDULE] Termination Period: This Option will be exercisable for three (3) months after Participant ceases to be a Service Provider, unless such termination is due to Participant’s death or Disability, in which case this Option will be exercisable for twelve (12) months after Participant ceases to be Service Provider. Notwithstanding the foregoing, in no event may this Option be exercised after the Term/Expiration Date as provided above and may be subject to earlier termination as provided in Section 14 of the Plan. All or a portion By Participant’s signature and the signature of the Option Shares may vest based on length of EmploymentCompany’s representative below, as set forth above, Participant and the remainder Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Agreement, including the Terms and Conditions of Stock Option Shares may vest based Grant, attached hereto as Exhibit A, all of which are made a part of this document. Participant has reviewed the Plan and this Award Agreement in their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Plan and Award Agreement. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon achievement of performance goals, as specified aboveany questions relating to the Plan and Award Agreement. If Participant further agrees to notify the number of Option Shares would result Company upon any change in the issuance of a fraction of a shareresidence address indicated below. PARTICIPANT: BRIGHTSOURCE ENERGY, no fractional share shall be issued and instead the number of Option Shares shall be increased or decreased to the nearest whole numberINC. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to the Option exercisable by Optionee in any calendar year exceeds $100,000, then the Option granted hereunder to Optionee shall, to the extent and in the order required by regulations promulgated under the Code (or any other authority having the force of regulations), automatically be deemed to be non-qualified Options, but all other terms and provisions of such Option shall remain unchanged.Signature By Print Name Title Residence Address: EXHIBIT A

Appears in 1 contract

Samples: Stock Option Award Agreement (BrightSource Energy Inc)

NOTICE OF STOCK OPTION GRANT. The Participant has been granted an Option to purchase Common Stock of the Company, pursuant subject to action the terms and conditions of the Committee Plan and this Award Agreement, as follows: Participant Grant Number Date of Grant Vesting Commencement Date Number of Shares Granted Exercise Price per Share $ Total Exercise Price $ Type of Option [Incentive Stock Option][Nonstatutory Stock Option] Term/Expiration Date Vesting Schedule: Subject to any acceleration provisions contained in the Plan or set forth below, this Option will be exercisable, in whole or in part, in accordance with the following schedule: [INSERT VESTING SCHEDULE]. Termination Period: This Option will be exercisable for three months after Participant ceases to be a Service Provider, unless such termination is due to Participant’s death or Disability, in which case this Option will be exercisable for 12 months after Participant ceases to be a Service Provider. Notwithstanding the foregoing sentence, in no event may this Option be exercised after the Term/Expiration Date as provided above and may be subject to earlier termination as provided in Section 14(c) of the Plan, grants to Optionee an Incentive Stock Option to purchase common stock . By Participant’s signature and the signature of the Company’s representative below, $0.0001 par value per share (or by Participant’s acceptance of this Award Agreement via the Company’s designated online acceptance procedures, Participant and the Company agree that this Option Shares”), upon is granted under and governed by the terms and conditions set forth of the Plan and this Award Agreement. Participant has reviewed the Plan and this Award Agreement in their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Plan and this Award Agreement. Participant expressly acknowledges the information provided in the Agreement: Name of Optionee Total Number of Option Shares Fair Market Value per Option Share on Grant Date and Option Price Grant Date Number of Option Shares Subject to Time-Based Vesting (the “Time-Based Option Shares”) Time-Based Vesting Schedule Number of Option Shares Subject to Performance-Based Vesting (the “Performance-Based Option Shares”) Performance-Based Vesting Schedule Expiration Date No portion of this Option may be exercised until such portion shall have become exercisable. Subject Addendum related to the discretion collection, processing and use of Participant’s personal data by the Company and its Subsidiaries and the transfer of personal data to the recipients mentioned in the Addendum. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Committee to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect Administrator upon any questions relating to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee of Plan and this Award Agreement. Participant further agrees to notify the Company on such dates. Once exercisable, this Option shall continue to be exercisable at upon any time or times prior to the close of business on the Expiration Date (set forth above), subject to the provisions hereof and of the Plan. All or a portion of the Option Shares may vest based on length of Employment, as set forth above, and the remainder of the Option Shares may vest based upon achievement of performance goals, as specified above. If the number of Option Shares would result change in the issuance of a fraction of a shareresidence address indicated below. PARTICIPANT ORGANOVO HOLDINGS, no fractional share shall be issued and instead the number of Option Shares shall be increased or decreased to the nearest whole numberINC. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to the Option exercisable by Optionee in any calendar year exceeds $100,000, then the Option granted hereunder to Optionee shall, to the extent and in the order required by regulations promulgated under the Code (or any other authority having the force of regulations), automatically be deemed to be non-qualified Options, but all other terms and provisions of such Option shall remain unchanged.Signature: Signature: Name: Name: Title: Title: EXHIBIT A TERMS AND CONDITIONS OF GLOBAL STOCK OPTION GRANT

Appears in 1 contract

Samples: Global Stock Option Award Agreement (Organovo Holdings, Inc.)

NOTICE OF STOCK OPTION GRANT. The Company, pursuant to action of the Committee and in accordance with the Plan, grants to Optionee Participant Name: Address: You have been granted an Incentive Stock Option to purchase common stock Common Stock of the CompanyTesla, $0.0001 par value per share Inc. (the “Option SharesCompany), upon the terms and conditions set forth in the Agreement: Name of Optionee Total Number of Option Shares Fair Market Value per Option Share on Grant Date and Option Price Grant Date Number of Option Shares Subject to Time-Based Vesting (the “Time-Based Option Shares”) Time-Based Vesting Schedule Number of Option Shares Subject to Performance-Based Vesting (the “Performance-Based Option Shares”) Performance-Based Vesting Schedule Expiration Date No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above), subject to the terms and conditions of the Plan and this Award Agreement, as follows: Grant Number Date of Grant Vesting Commencement Date Exercise Price per Share Total Number of Shares Granted Total Exercise Price Type of Option Term/Expiration date Vesting Schedule Subject to any acceleration provisions hereof contained in the Plan or set forth below, this Option may be exercised, in whole or in part, in accordance with the following schedule: [insert vesting schedule] Termination Period: This Option will be exercisable for three (3) months after the Participant ceases to be a Service Provider, unless such termination is due to participant’s death or Disability, in which case this Option will be exercisable for twelve (12) months after the Participant ceases to be a Service Provider. Notwithstanding the forgoing, in no event may this Option be exercised after the Term/expiration date as provided above and may be subject to earlier termination as provided in Section 13 of the Plan. All By Participant’s acceptance of this Award Agreement either electronically through the electronic acceptance procedure established by the Company or through a portion written acceptance delivered to the Company in a form satisfactory to the Company, Participant agrees that this Option is granted under and governed by the terms and conditions of the Plan and this Award Agreement, including the Terms and Conditions of Stock Option Shares may vest based on length Grant, attached hereto as Exhibit A, all of Employmentwhich are made a part of this document. Participant has reviewed the Plan and this Award Agreement in their entirety, as set forth above, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and the remainder fully understands all provisions of the Option Shares may vest based Plan and Award Agreement. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon achievement of performance goalsany questions relating to the Plan and Award Agreement. Participant further agrees to notify the Company upon any change in the residence address indicated below. In witness whereof, as specified Tesla, Inc. has caused this Agreement to be executed on its behalf by its duly-authorized officer on the day and year first indicated above. If the number of Option Shares would result in the issuance of a fraction of a shareTESLA, no fractional share shall be issued and instead the number of Option Shares shall be increased or decreased to the nearest whole numberINC. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to the Option exercisable by Optionee in any calendar year exceeds $100,000, then the Option granted hereunder to Optionee shall, to the extent and in the order required by regulations promulgated under the Code (or any other authority having the force of regulations), automatically be deemed to be non-qualified Options, but all other terms and provisions of such Option shall remain unchanged.By: Title: EXHIBIT A

Appears in 1 contract

Samples: Stock Option Award Agreement (Tesla, Inc.)

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NOTICE OF STOCK OPTION GRANT. The Company, pursuant to action of the Committee and in accordance with the Plan, grants to Optionee Participant Name: Address: You have been granted an Incentive Stock Option to purchase common stock Common Stock of the CompanyYodlee, $0.0001 par value per share Inc. (the “Option SharesCompany), upon the terms and conditions set forth in the Agreement: Name of Optionee Total Number of Option Shares Fair Market Value per Option Share on Grant Date and Option Price Grant Date Number of Option Shares Subject to Time-Based Vesting (the “Time-Based Option Shares”) Time-Based Vesting Schedule Number of Option Shares Subject to Performance-Based Vesting (the “Performance-Based Option Shares”) Performance-Based Vesting Schedule Expiration Date No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above), subject to the terms and conditions of the Plan and this Award Agreement, as follows: Grant Number Date of Grant Vesting Commencement Date Exercise Price per Share $ Total Number of Shares Granted Total Exercise Price $ Type of Option: Incentive Stock Option Nonstatutory Stock Option Term/Expiration Date: Vesting Schedule: Subject to any acceleration provisions hereof contained in the Plan or set forth below, this Option may be exercised, in whole or in part, in accordance with the following schedule: [INSERT VESTING SCHEDULE] Termination Period: This Option will be exercisable for three (3) months after Participant ceases to be a Service Provider, unless such termination is due to Participant’s death or Disability, in which case this Option will be exercisable for twelve (12) months after Participant ceases to be Service Provider. Notwithstanding the foregoing, in no event may this Option be exercised after the Term/Expiration Date as provided above and may be subject to earlier termination as provided in Section 13 of the Plan. All or a portion By Participant’s signature and the signature of the Option Shares may vest based on length of EmploymentCompany’s representative below, as set forth above, Participant and the remainder Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Agreement, including the Terms and Conditions of Stock Option Shares may vest based Grant, attached hereto as Exhibit A, all of which are made a part of this document. Participant has reviewed the Plan and this Award Agreement in their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Plan and Award Agreement. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon achievement of performance goals, as specified aboveany questions relating to the Plan and Award Agreement. If Participant further agrees to notify the number of Option Shares would result Company upon any change in the issuance of a fraction of a shareresidence address indicated below. PARTICIPANT: YODLEE, no fractional share shall be issued and instead the number of Option Shares shall be increased or decreased to the nearest whole numberINC. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to the Option exercisable by Optionee in any calendar year exceeds $100,000, then the Option granted hereunder to Optionee shall, to the extent and in the order required by regulations promulgated under the Code (or any other authority having the force of regulations), automatically be deemed to be non-qualified Options, but all other terms and provisions of such Option shall remain unchanged.Signature By Print Name Title Residence Address: EXHIBIT A

Appears in 1 contract

Samples: Equity Incentive Plan (Yodlee Inc)

NOTICE OF STOCK OPTION GRANT. The CompanyCyan, pursuant to action of the Committee and in accordance with the Plan, grants to Optionee an Incentive Stock Option to purchase common stock of the Company, $0.0001 par value per share Inc. (the “Company”) has granted the individual (“Participant”) named above an Option Shares”), upon the terms and conditions set forth in the Agreement: Name of Optionee Total Number of Option Shares Fair Market Value per Option Share on Grant Date and Option Price Grant Date Number of Option Shares Subject to Time-Based Vesting (the “Time-Based Option SharesOption”) Time-Based Vesting Schedule Number to purchase shares of Option Shares Subject to Performance-Based Vesting (the “Performance-Based Option Shares”) Performance-Based Vesting Schedule Expiration Date No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee Common Stock of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above“Shares”), subject to the terms and conditions of the Plan and this Non-U.S. Stock Option Award Agreement, including the Terms and Conditions of Stock Option Grant attached hereto as Exhibit A and the Country Addendum attached hereto as Exhibit B (collectively, the “Award Agreement”), as follows: Grant Number Date of Grant Vesting Commencement Date Exercise Price per Share $ Total Number of Shares Granted Total Exercise Price $ Type of Option: Incentive Stock Option Nonstatutory Stock Option Term/Expiration Date: Vesting Schedule: Subject to any acceleration provisions hereof and contained in the Plan or set forth below, the Option may be exercised, in whole or in part, in accordance with the following schedule: [INSERT VESTING SCHEDULE] The vesting of the Option in accordance with the schedule set forth above is subject to Participant continuing to be a Service Provider for the Company or a Parent or Subsidiary of the Company through each vesting date. For purposes of the Option, unless Participant is on a leave of absence approved by the Company as set forth in Section 11 of the Plan. All , Participant’s status as a Service Provider will be considered terminated as of the date that Participant is no longer actively providing services for the Company or a portion Parent of Subsidiary of the Option Shares may vest based on length of Employment, as set forth above, and the remainder Company (regardless of the Option Shares may vest based upon achievement reason for such termination and whether or not later found to be invalid or in breach of performance goals, as specified above. If the number of Option Shares would result employment laws in the issuance jurisdiction where Participant is providing services or the terms of a fraction of a shareParticipant’s employment or service agreement, no fractional share shall be issued and instead if any) and, unless otherwise expressly provided in the number of Option Shares shall be increased Award Agreement or decreased otherwise determined by the Company, Participant’s right to the nearest whole number. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to in the Option exercisable under the Plan, if any, will terminate as of such date and will not be extended by Optionee in any calendar year exceeds $100,000notice period (e.g., then the Option granted hereunder to Optionee shall, to the extent and Participant’s period of service would not include any contractual notice period or any period of “garden leave” or similar period mandated under employment laws in the order required by regulations promulgated under jurisdiction where Participant is providing services or the Code (terms of Participant’s employment or any other authority having the force of regulationsservice agreement, if any), automatically be deemed to be non-qualified Options, but all other terms and provisions of such Option shall remain unchanged.

Appears in 1 contract

Samples: Equity Incentive (Cyan Inc)

NOTICE OF STOCK OPTION GRANT. The Company, pursuant to action of the Committee and in accordance with the Plan, grants to Optionee an Incentive Stock Option to purchase common stock of the Company, $0.0001 par value per share (the “Option Shares”), upon the terms and conditions set forth in the Agreement: Name of Optionee Sxxxx Xxxxxxxxx Total Number of Option Shares Option 1: 33,333 Option 2: 33,333 Option 3: 33,334 Fair Market Value per Option Share on Grant Date and Option Price Fair Market Value: $0.16 Option 1: $0.60 Option 2: $1.00 Option 3: $1.50 Grant Date April 24, 2023 Number of Option Shares Subject to Time-Time Based Vesting (the “Time-Based Option Shares”) Time-1: 33,333 Option 2: 33,333 Option 3: 33,334 Time Based Vesting Schedule Option 1: December 31, 2023 Option 2: December 31, 2024 Option 3: December 31, 2025 Number of Option Shares Subject to Performance-Performance Based Vesting (the “Performance-Based Option Shares”) Performance-N/A Performance Based Vesting Schedule N/A Expiration Date April 24, 2033 Incentive Stock Option Agreement 1 No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee (as defined in the Plan) to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above), subject to the provisions hereof and of the Plan. All or a portion of the Option Shares may vest based on length of Employment, as set forth above, and the remainder of the Option Shares may vest based upon achievement of performance goals, as specified above. If the number of Option Shares would result in the issuance of a fraction of a share, no fractional share shall be issued and instead the number of Option Shares shall be increased or decreased to the nearest whole number. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to the Option exercisable by Optionee in any calendar year exceeds $100,000, then the Option granted hereunder to Optionee shall, to the extent and in the order required by regulations promulgated under the Code (or any other authority having the force of regulations), automatically be deemed to be non-qualified Options, but all other terms and provisions of such Option shall remain unchanged.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Amergent Hospitality Group Inc.)

NOTICE OF STOCK OPTION GRANT. The Company, pursuant to action of the Committee and in accordance with the Plan, grants to Optionee Participant Name: Address: You have been granted an Incentive Stock Option to purchase common stock Common Stock of the CompanyHomeAway, $0.0001 par value per share Inc. (the “Option SharesCompany), upon the terms and conditions set forth in the Agreement: Name of Optionee Total Number of Option Shares Fair Market Value per Option Share on Grant Date and Option Price Grant Date Number of Option Shares Subject to Time-Based Vesting (the “Time-Based Option Shares”) Time-Based Vesting Schedule Number of Option Shares Subject to Performance-Based Vesting (the “Performance-Based Option Shares”) Performance-Based Vesting Schedule Expiration Date No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above), subject to the terms and conditions of the Plan and this Award Agreement, as follows: Grant Number Date of Grant Vesting Commencement Date Exercise Price per Share $ Total Number of Shares Granted Total Exercise Price $ Type of Option: Incentive Stock Option Nonstatutory Stock Option Term/Expiration Date: Vesting Schedule: Subject to any acceleration provisions hereof contained in the Plan or set forth below, this Option may be exercised, in whole or in part, in accordance with the following schedule: [Insert Vesting Schedule] Termination Period: This Option will be exercisable for three (3) months after Participant ceases to be a Service Provider, unless such termination is due to Participant’s death or Disability, in which case this Option will be exercisable for twelve (12) months after Participant ceases to be a Service Provider. Notwithstanding the foregoing, in no event may this Option be exercised after the Term/Expiration Date as provided above and may be subject to earlier termination as provided in Section 14 of the Plan. All or a portion By Participant’s signature and the signature of the Option Shares may vest based on length of EmploymentCompany’s representative below, as set forth above, Participant and the remainder Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Agreement, including the Terms and Conditions of Stock Option Shares may vest based Grant, attached hereto as Exhibit A, all of which are made a part of this document. Participant has reviewed the Plan and this Award Agreement in their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Plan and Award Agreement. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon achievement of performance goals, as specified aboveany questions relating to the Plan and Award Agreement. If Participant further agrees to notify the number of Option Shares would result Company upon any change in the issuance of a fraction of a shareresidence address indicated below. PARTICIPANT: HOMEAWAY, no fractional share shall be issued and instead the number of Option Shares shall be increased or decreased to the nearest whole numberINC. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to the Option exercisable by Optionee in any calendar year exceeds $100,000, then the Option granted hereunder to Optionee shall, to the extent and in the order required by regulations promulgated under the Code (or any other authority having the force of regulations), automatically be deemed to be non-qualified Options, but all other terms and provisions of such Option shall remain unchanged.Signature By Print Name Title Residence Address: EXHIBIT A

Appears in 1 contract

Samples: Stock Option Award Agreement (Homeaway Inc)

NOTICE OF STOCK OPTION GRANT. The Company, pursuant to action of the Committee and in accordance with the Plan, grants to Optionee an Incentive Stock Option to purchase common stock of the Company, $0.0001 par value per share (the “Option Shares”), upon the terms and conditions set forth in the Agreement: Name of Optionee Mxxx Xxxxxxx Xxxxxxx Total Number of Option Shares Option 1: 46,667 Option 2: 46,667 Option 3: 46,666 Fair Market Value per Option Share on Grant Date and Option Price Fair Market Value: $0.224 Option 1: $0.60 Option 2: $1.00 Option 3: $1.50 Grant Date January 27, 2023 Number of Option Shares Subject to Time-Time Based Vesting (the “Time-Based Option Shares”) Time-1: 46,667 Option 2: 46,667 Option 3: 46,666 Time Based Vesting Schedule Option 1: January 11, 2024 Option 2: January 11, 2025 Option 3: January 11, 2026 Number of Option Shares Subject to Performance-Performance Based Vesting (the “Performance-Based Option Shares”) Performance-N/A Performance Based Vesting Schedule N/A Expiration Date January 11, 2033 Incentive Stock Option Agreement 1 No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee (as defined in the Plan) to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above), subject to the provisions hereof and of the Plan. All or a portion of the Option Shares may vest based on length of Employment, as set forth above, and the remainder of the Option Shares may vest based upon achievement of performance goals, as specified above. If the number of Option Shares would result in the issuance of a fraction of a share, no fractional share shall be issued and instead the number of Option Shares shall be increased or decreased to the nearest whole number. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to the Option exercisable by Optionee in any calendar year exceeds $100,000, then the Option granted hereunder to Optionee shall, to the extent and in the order required by regulations promulgated under the Code (or any other authority having the force of regulations), automatically be deemed to be non-qualified Options, but all other terms and provisions of such Option shall remain unchanged.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Amergent Hospitality Group Inc.)

NOTICE OF STOCK OPTION GRANT. The Company, pursuant to action of the Committee and in accordance with the Plan, grants to Optionee Participant Name: Address: You have been granted an Incentive Stock Option to purchase common stock Common Stock of the CompanyAVI BioPharma, $0.0001 par value per share Inc. (the “Option SharesCompany), upon the terms and conditions set forth in the Agreement: Name of Optionee Total Number of Option Shares Fair Market Value per Option Share on Grant Date and Option Price Grant Date Number of Option Shares Subject to Time-Based Vesting (the “Time-Based Option Shares”) Time-Based Vesting Schedule Number of Option Shares Subject to Performance-Based Vesting (the “Performance-Based Option Shares”) Performance-Based Vesting Schedule Expiration Date No portion of this Option may be exercised until such portion shall have become exercisable. Subject to the discretion of the Committee to accelerate the exercisability schedule hereunder, this Option shall be exercisable with respect to the number of Option Shares on the dates indicated above so long as the Optionee remains an employee of the Company on such dates. Once exercisable, this Option shall continue to be exercisable at any time or times prior to the close of business on the Expiration Date (set forth above), subject to the terms and conditions of the Plan and this Award Agreement, as follows: Grant Number Date of Grant Vesting Commencement Date Exercise Price per Share $ Total Number of Shares Granted Total Exercise Price $ Type of Option: Incentive Stock Option Nonstatutory Stock Option Term/Expiration Date: Vesting Schedule: Subject to any acceleration provisions hereof contained in the Plan or set forth below, this Option may be exercised, in whole or in part, in accordance with the following schedule: [INSERT VESTING SCHEDULE] Termination Period: This Option will be exercisable for [three (3)] months after Participant ceases to be a Service Provider, unless such termination is due to Participant’s death or Disability, in which case this Option will be exercisable for [twelve (12)] months after Participant ceases to be Service Provider. Notwithstanding the foregoing, in no event may this Option be exercised after the Term/Expiration Date as provided above and may be subject to earlier termination as provided in Section 15 of the Plan. All or a portion By Participant’s signature and the signature of the Option Shares may vest based on length of EmploymentCompany’s representative below, as set forth above, Participant and the remainder Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Agreement, including the Terms and Conditions of Stock Option Shares may vest based Grant, attached hereto as Exhibit A, all of which are made a part of this document. Participant has reviewed the Plan and this Award Agreement in their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Plan and Award Agreement. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon achievement of performance goals, as specified aboveany questions relating to the Plan and Award Agreement. If Participant further agrees to notify the number of Option Shares would result Company upon any change in the issuance of a fraction of a shareresidence address indicated below. PARTICIPANT: XXX XXXXXXXXX, no fractional share shall be issued and instead the number of Option Shares shall be increased or decreased to the nearest whole numberINC. Any Option Shares that vest contingent upon performance measures that fail to meet the performance goals set forth above shall be forfeited. In the event that the aggregate Fair Market Value of shares of Common Stock with respect to the Option exercisable by Optionee in any calendar year exceeds $100,000, then the Option granted hereunder to Optionee shall, to the extent and in the order required by regulations promulgated under the Code (or any other authority having the force of regulations), automatically be deemed to be non-qualified Options, but all other terms and provisions of such Option shall remain unchanged.Signature By Print Name Title Residence Address: EXHIBIT A

Appears in 1 contract

Samples: Stock Option Award Agreement (Avi Biopharma Inc)

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