Common use of Character of Option Clause in Contracts

Character of Option. The Option is intended to be treated as an “incentive stock option” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”).

Appears in 15 contracts

Samples: Incentive Stock Option Agreement (Netlist Inc), Incentive Stock Option Agreement (Body Central Acquisition Corp), Incentive Stock Option Agreement (Body Central Acquisition Corp)

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Character of Option. The Option is intended to be treated as an “incentive stock option” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”).

Appears in 15 contracts

Samples: Incentive Stock Option Agreement (Azz Inc), Incentive Stock Option Agreement (Azz Inc), Incentive Stock Option Agreement (Azz Inc)

Character of Option. The Option is intended to be treated as an "incentive stock option" within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”"CODE").

Appears in 14 contracts

Samples: Incentive Stock Option Agreement (Acme Packet Inc), Incentive Stock Option Agreement (Acme Packet Inc), Incentive Stock Option Agreement (Acme Packet Inc)

Character of Option. The Option is intended to be treated as an “incentive stock option” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (amended; provided, however, that to the extent the Option does not qualify as an incentive option by virtue of exceeding the $100,000 limitation in Section 422(d) of such Code”), the Option shall be treated as an option other than an incentive stock option.

Appears in 11 contracts

Samples: Incentive Stock Option Agreement (Heart Test Laboratories, Inc.), Incentive Stock Option Agreement (Heart Test Laboratories, Inc.), Incentive Stock Option Agreement (Globalscape Inc)

Character of Option. The Option is intended to be treated as an “incentive stock option” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”). However, incentive stock option treatment requires compliance with a variety of factors, and the Company can give no assurance that the Option will, in fact, be treated as an incentive stock option.

Appears in 5 contracts

Samples: Incentive Stock Option and Reverse Vesting Agreement, Incentive Stock Option and Reverse Vesting Agreement (ViewRay, Inc.), Incentive Stock Option and Reverse Vesting Agreement (ViewRay, Inc.)

Character of Option. The Option is not intended to be treated as an “incentive stock option” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”), ”), but as a nonstatutory stock option within the meaning of the Code.

Appears in 4 contracts

Samples: Nonstatutory Stock Option and Reverse Vesting Agreement (ViewRay, Inc.), Nonstatutory Stock Option and Reverse Vesting Agreement (ViewRay, Inc.), Nonstatutory Stock Option and Reverse Vesting Agreement (Viewray Inc)

Character of Option. The Option is intended to be treated as an "incentive stock option" within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”)amended.

Appears in 4 contracts

Samples: Incentive Stock Option Agreement (Mobility Electronics Inc), Incentive Stock Option Agreement (Mobility Electronics Inc), Incentive Option Agreement (Mobility Electronics Inc)

Character of Option. The This Option is intended to be treated as an “incentive stock option” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”)amended.

Appears in 3 contracts

Samples: Form of Incentive Stock Option Agreement (KAYAK SOFTWARE Corp), Form of Incentive Stock Option Agreement (KAYAK SOFTWARE Corp), Incentive Stock Option Agreement (Uluru Inc.)

Character of Option. The Any such Option is intended to be treated as an “incentive stock option” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”)amended.

Appears in 2 contracts

Samples: Incentive Stock Option Master Agreement (Citrix Systems Inc), Equity Incentive Plan (Citrix Systems Inc)

Character of Option. The This Option is intended ____________ (2) to be treated as an "incentive stock option" within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”)amended.

Appears in 2 contracts

Samples: Paperexchange Com Inc, Paperexchange Com Inc

Character of Option. The Option is intended to be treated as an incentive non-statutory stock option” within the meaning of Section 422 421 of the Internal Revenue Code of 1986, as amended (the “Code”)amended.

Appears in 2 contracts

Samples: Stock Option Agreement (Amicus Therapeutics, Inc.), Stock Option Agreement (Amicus Therapeutics, Inc.)

Character of Option. The This Option is intended to be treated as an "incentive stock option" within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”)amended.

Appears in 2 contracts

Samples: Stock Option Agreement (Xionics Document Technologies Inc), Stock Option Agreement (Xionics Document Technologies Inc)

Character of Option. The This Option is intended to be treated as an "incentive stock ------------------- option" within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”)amended.

Appears in 1 contract

Samples: Option Agreement (Unifi Communications Inc)

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Character of Option. The Option is intended to be treated as an "incentive stock option" within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Acme Packet Inc)

Character of Option. The This Option is intended to be treated as an "incentive stock option" within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”)amended.

Appears in 1 contract

Samples: Stock Option Agreement (Oak Technology Inc)

Character of Option. The Option is intended Option’s issued are to be treated as an a [“nonqualified stock option” or “incentive stock option”] within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”)amended.

Appears in 1 contract

Samples: Stock Option Agreement (Kopin Corp)

Character of Option. The This Option is intended to be treated as an "incentive stock option" within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"). 3.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Cubist Pharmaceuticals Inc)

Character of Option. The This Option is intended to be treated as an “incentive stock option” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”)amended.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Body Central Acquisition Corp)

Character of Option. The This Option is (2) intended to be treated as an "incentive stock option" within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”)amended.

Appears in 1 contract

Samples: Stock Option Agreement (Dover Saddlery Inc)

Character of Option. The Option is intended to be treated as an a incentive non-statutory stock option” within the meaning of Section 422 421 of the Internal Revenue Code of 1986, as amended (the “Code”)amended.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Amicus Therapeutics, Inc.)

Character of Option. The This Option is 1/ intended to be treated as an “incentive stock option” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”)amended.

Appears in 1 contract

Samples: Equity Incentive Plan (Access Pharmaceuticals Inc)

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