Common use of Exercise Following Death Clause in Contracts

Exercise Following Death. Except as provided in subsection 3(c), if Optionee dies while employed by the Company or any Subsidiary or within three months following termination of employment, and before the exercise in full or expiration of the Options, Optionee’s estate, or the person or persons to whom the rights under the Options shall have passed by will or the laws of descent and distribution, may exercise the Options at any time within three years following Optionee’s death (but in any event prior to the Expiration Date).

Appears in 3 contracts

Samples: Nonstatutory Stock Option Award Agreement (Capital One Financial Corp), Nonstatutory Stock Option Award Agreement (Capital One Financial Corp), Nonstatutory Stock Option Award Agreement (Capital One Financial Corp)

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Exercise Following Death. Except as provided in subsection 3(c), if Optionee dies while employed by the Company or any Subsidiary or within three months following termination of employment, and before the exercise in full or expiration of the OptionsOption, Optionee’s estate, or the person or persons to whom the rights under the Options Option shall have passed by will or the laws of descent and distribution, may exercise the Options Option at any time within three years one year next following Optionee’s death (but in any event prior to before the Expiration Dateexpiration date of the Option period specified in subsection 2(a) above).

Appears in 3 contracts

Samples: Agreement (Capital One Financial Corp), Nonstatutory Stock Option Agreement (Capital One Financial Corp), 2004 Stock Incentive (Capital One Financial Corp)

Exercise Following Death. Except as provided in subsection 3(cSection 3(d), if Optionee dies while employed by the Company or any Subsidiary or within three months following termination of employment, and before the exercise in full or expiration of the Options, Optionee’s estate, or the person or persons to whom the rights under the Options shall have passed by will or the laws of descent and distribution, may exercise the Options at any time within three years following Optionee’s death (but in any event prior to no later than the Expiration Date).

Appears in 3 contracts

Samples: Nonstatutory Stock Option Award Agreement (Capital One Financial Corp), Nonstatutory Stock Option Award Agreement (Capital One Financial Corp), Nonstatutory Stock Option Award Agreement (Capital One Financial Corp)

Exercise Following Death. Except as provided in subsection 3(c), if If Optionee dies while employed by the Company or any Subsidiary or within three months following termination of employment, and before the exercise in full or expiration of the OptionsOption, Optionee’s estate, or the person or persons to whom the rights under the Options Option shall have passed by will or the laws of descent and distribution, may exercise the Options Option at any time within three years one year next following Optionee’s death (but in any event prior to before the Expiration Date)expiration date of the Option period specified in subsection 2(a) above) for the number of Option Shares for which Optionee could have exercised the Option on the date of death.

Appears in 2 contracts

Samples: Nonstatutory Stock Option Agreement (Capital One Financial Corp), Nonstatutory Stock Option Agreement (Capital One Financial Corp)

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Exercise Following Death. Except as provided in subsection 3(c), if Optionee dies while employed by the Company or any Subsidiary or within three months following termination of employment, and before the exercise in full or expiration of the Options, Optionee’s 's estate, or the person or persons to whom the rights under the Options shall have passed by will or the laws of descent and distribution, may exercise the Options at any time within three years following Optionee’s 's death (but in any event prior to the Expiration Date).

Appears in 1 contract

Samples: Nonstatutory Stock Option Award Agreement (Capital One Financial Corp)

Exercise Following Death. Except as provided in subsection 3(c), if Optionee dies while employed by the Company or any Subsidiary or within three months following termination of employment, and before the exercise in full or expiration of the Options, Optionee’s estate, or the person or persons to whom the rights under the Options shall have passed by will or the laws of descent and distribution, may exercise the Options at any time within three years following Optionee’s death (but in any event prior to no later than the Expiration Date).

Appears in 1 contract

Samples: Nonstatutory Stock Option Award Agreement (Capital One Financial Corp)

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