Common use of Continuous Employment Required Clause in Contracts

Continuous Employment Required. Except as otherwise provided in this Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 16 contracts

Samples: Incentive Stock Option Agreement (Clinical Data Inc), Incentive Stock Option Agreement (Enterworks Inc), Incentive Stock Option Agreement (Baycorp Holdings LTD)

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Continuous Employment Required. Except as otherwise provided in this Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 8 contracts

Samples: Incentive Stock Option Agreement (Smart Video Technologies Inc), Incentive Stock Option Agreement (Smart Video Technologies Inc), Incentive Stock Option Agreement (American Superconductor Corp /De/)

Continuous Employment Required. Except as otherwise provided in this this, Section 3, this option may not be exercised unless the OptioneeKey Employee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h1.421(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor therefore in a transaction to which Section 424(a425(1) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 5 contracts

Samples: Incentive Stock Option Agreement (Alpha Pro Tech LTD), Incentive Stock Option Agreement (Alpha Pro Tech LTD), Incentive Stock Option Agreement (Alpha Pro Tech LTD)

Continuous Employment Required. Except as otherwise provided in this Section 3, this option may not be exercised unless the OptioneeGrantee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 2 contracts

Samples: United Natural Foods Inc, United Natural Foods Inc

Continuous Employment Required. Except as otherwise provided in this Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor therefore in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Epresence Inc), Qualified Stock Option Agreement (Epresence Inc)

Continuous Employment Required. Except as otherwise provided in this Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor therefore in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 2 contracts

Samples: Banyan Systems Incorporated Non Qualified Stock Option Agreement (Banyan Systems Inc), Banyan Systems Incorporated Non Qualified Stock Option Agreement (Banyan Systems Inc)

Continuous Employment Required. Except as otherwise provided in this Section 32, this option Option may not be exercised unless the Optionee, at the time he or she exercises this optionOption, is, and has been at all times since the date of grant of this optionOption, an employee of the Company. For all purposes of this optionOption, (i) "employment" shall be defined in accordance with the provisions of Section section 1.421-7(h) of the Income Tax Regulations regulations under the Code or any successor regulations, and (ii) if this option Option shall be assumed or a new option Option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (corporation, hereinafter called the "Successor Corporation") shall be considered for all purposes of this option Option to be employment by the Company.

Appears in 2 contracts

Samples: Stock Option Agreement (Idx Systems Corp), Stock Option Agreement (Idx Systems Corp)

Continuous Employment Required. Except as otherwise provided in this Section 3, this option Option may not be exercised unless the OptioneeEmployee, at the time that he or she exercises this optionOption, is, and has been at all times since the date of grant of this optionOption, an employee of the Company. For all purposes of this option, Agreement: (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations regulations promulgated under the Code or any successor regulations, regulations and (ii) if this option Option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option Option to be employment by the Company.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Global Eagle Entertainment Inc.), Incentive Stock Option Agreement (Tile Shop Holdings, Inc.)

Continuous Employment Required. Except as otherwise provided in this Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 2 contracts

Samples: Cisco Systems Inc, Cisco Systems Inc

Continuous Employment Required. Except as otherwise provided in this Section 3, this This option may not be exercised ------------------------------ unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (iI) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 2 contracts

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

Continuous Employment Required. Except as otherwise provided in this Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, option is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting substitution corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Companycompany.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Open Solutions Inc), Non Qualified Stock Option Agreement (Open Solutions Inc)

Continuous Employment Required. Except as otherwise provided in this Section 3, this This option may not be exercised ------------------------------ unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Switchboard Inc), Nonstatutory Stock Option Agreement (Switchboard Inc)

Continuous Employment Required. Except as otherwise provided in this Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h7 (h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor therefore in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Epresence Inc)

Continuous Employment Required. Except as otherwise provided ------------------------------ in this Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h7 (h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor therefore in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Epresence Inc)

Continuous Employment Required. Except as otherwise provided in this Section 3, this option may not be exercised unless the OptioneeEmployee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this optionGrant Date, an employee of the Company. For all purposes of this option, (i) "employee" and "employment" shall be defined in accordance with the provisions of Treasury Regulation Section 1.421-7(h) of under the Income Tax Regulations Code, or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the a "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (THQ Inc)

Continuous Employment Required. Except as otherwise provided in this Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h7 (h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor therefore in a transaction to which Section 424(a424 (a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Epresence Inc)

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Continuous Employment Required. Except as otherwise provided in ------------------------------ this Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 1 contract

Samples: Incorporated Non Qualified Stock Option Agreement (Banyan Systems Inc)

Continuous Employment Required. Except as otherwise provided in this Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, option is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting substitution corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Open Solutions Inc)

Continuous Employment Required. Except as otherwise provided in this ------------------------------ Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor therefore in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Epresence Inc)

Continuous Employment Required. Except as otherwise provided in this Section 3, this option Option may not be exercised unless the Optionee, at the time he or she exercises this optionOption, is, and has been at all times since the date of grant of this optionOption, an employee of employed by the Company. For all purposes of this optionOption, (iI) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations (or any successor regulations), and (ii) if this option Option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option Option to be employment by with the Company.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Vastera Inc)

Continuous Employment Required. Except as otherwise provided in this Section 3, this This option may not be exercised unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 1 contract

Samples: Switchboard Incorporated (Switchboard Inc)

Continuous Employment Required. Except as otherwise provided in this Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a424 (a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Shiwana, Inc.)

Continuous Employment Required. Except as otherwise provided in ------------------------------ this Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h7 (h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a424 (a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Banyan Systems Inc)

Continuous Employment Required. Except as otherwise provided in this Section 3, this option Option may not be exercised unless the OptioneeEmployee, at the time that he or she exercises this optionOption, is, and has been at all times since the date of grant of this optionOption, an employee of the Company. For all purposes of this option, Agreement: (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h3401(c) of the Income Tax Regulations or any successor regulationsCode, and (ii) if this option Option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option Option to be employment by the Company.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Tile Shop Holdings, Inc.)

Continuous Employment Required. Except as otherwise provided in this Section 3, this option may not be exercised unless the Optionee, at the time he or she exercises this option, is, and has been at all times since the date of grant of this option, an employee of the Company. For all purposes of this option, (i) "employment" shall be defined in accordance with the provisions of Section 1.421-7(h) of the Income Tax Regulations or any successor regulations, and (ii) if this option shall be assumed or a new option substituted therefor in a transaction to which Section 424(a) of the Code applies, employment by such assuming or substituting corporation (hereinafter called the "Successor Corporation") shall be considered for all purposes of this option to be employment by the Company.. (d)

Appears in 1 contract

Samples: Stock Incentive Plan Non Statutory Stock Option Agreement (Mapinfo Corp)

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