Common use of Exercise Period Upon Death or Disability Clause in Contracts

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 8 contracts

Samples: Incentive Stock Option Agreement (Baycorp Holdings LTD), Stock Option Agreement (Boston Acoustics Inc), Incentive Stock Option Agreement (Starmet Corp)

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Exercise Period Upon Death or Disability. If the Optionee Participant dies or ---------------------------------------- becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Final Exercise Date while he or she is an employee of the CompanyEligible Participant, or if the Optionee Participant dies within three (3) months after the Optionee he or she ceases to be an employee of Eligible Participant and the Company (other than as the result of a discharge has not terminated such relationship for "cause" as specified in paragraph (fe) below), this option shall be become exercisable, within the period of one (1) year following the date of death or disability of the Optionee (but in no event after the Expiration Date), Participant by the Optionee Participant or by the person person(s) to whom this option is transferred by will or the laws of descent and distribution, provided that that, this option shall be exercisable only to the extent that this ------------- option was exercisable by the Optionee Participant on the date of his or her death or disability. Except as otherwise indicated by the context, the term "OptioneeParticipant", as used in this option, shall be deemed to include the estate of the Optionee Participant or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the OptioneeParticipant.

Appears in 3 contracts

Samples: Switchboard Inc, Switchboard Inc, Switchboard Inc

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies or becomes disabled or while on leave within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" “Cause” as specified in paragraph (fg) below), this option shall be exercisable, within the period of one one-year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, ; provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Smart Video Technologies Inc), Incentive Stock Option Agreement (Smart Video Technologies Inc)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months 90 days after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 2 contracts

Samples: United Natural Foods Inc, United Natural Foods Inc

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution. Notwithstanding the vesting schedule set forth on Schedule A, provided that if the employee dies or becomes disabled, this option shall be exercisable only for the number of shares as to the extent that which this option was would have been exercisable by the Optionee on the first anniversary of the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 2 contracts

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

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, ; provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Avalon Pharmaceuticals Inc), Incentive Stock Option Agreement (Avalon Pharmaceuticals Inc)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(322 (e) (3) of the CodeCode or any successor provision thereto) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below)director, this option shall be exercisable, exercisable within the period of one year following the date of death or disability of the Optionee (but in no event on or after the Expiration Date), ) by the Optionee or by the person to whom this option is transferred by will or will, by the laws of descent and distribution, or by written notice filed pursuant to Section 3 (f) of this Agreement, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 2 contracts

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

Exercise Period Upon Death or Disability. If the Optionee Grantee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee Grantee dies within three months 90 days after the Optionee Grantee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee Grantee (but in no event after the Expiration Date), by the Optionee Grantee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee Grantee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "OptioneeGrantee", as used in this option, shall be deemed to include the estate of the Optionee Grantee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the OptioneeGrantee.

Appears in 2 contracts

Samples: United Natural Foods Inc, United Natural Foods Inc

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date Date, while he or she is an employee of the CompanyEligible Optionee, or if the Optionee dies within three months after the Optionee ceases to be an employee Eligible Optionee of the Company (other than as Company, the result of a discharge for "cause" as specified in paragraph (f) below), this option Option shall be exercisable, within the period of one (1) year following the date of death or disability of the Optionee (but in no event after whether or not such exercise occurs before the Expiration Date), by the Optionee or by the person to whom this option the Option is transferred by will or the laws of descent and distribution, provided that this option the Option shall be exercisable only to the extent that this option the Option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this optionthe Option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option the Option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 2 contracts

Samples: Plan and Agreement (Interleaf Inc /Ma/), Plan and Agreement (Interleaf Inc /Ma/)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of has a Business Relationship with the Company, or if the such an Optionee dies within three (3) months after the Optionee date on which he or she ceases to be an employee of have a Business Relationship with the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below)Company, this option shall be exercisable, exercisable within the period of one (1) year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution; provided, provided however, that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this optionAgreement, shall be deemed to include the estate of the Optionee Optionee, the Optionee's personal representative, or any other person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee or by reason of the Optionee's incapacity.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Constant Contact, Inc.)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Ex0iration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Stock Option Agreement (Baycorp Holdings LTD)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of engaged by the Company or during the Post-Termination Exercise Period, (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, ; provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Avalon Pharmaceuticals Inc)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the CompanyEligible Optionee, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided provided, however, that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", ," as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Art Technology Group Inc

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the a result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Cisco Systems Inc

Exercise Period Upon Death or Disability. If the Optionee dies or ----------------------------------------- becomes disabled (within the meaning of Section 22(e)(322 (e) (3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the a result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that -------- ---- this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Banyan Systems Inc)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Option Expiration Date while he or she is an employee of the CompanyEligible Optionee, or if the Optionee dies within three (3) months after the Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge termination of such relationship by the Company for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one (1) year following the date of death or disability death, and within the period of one (1) year following the disability, of the Optionee (but in no event after whether or not such exercise occurs before the applicable Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

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

Exercise Period Upon Death or Disability. If the Optionee ----------------------------------------- dies or becomes disabled (within the meaning of Section 22(e)(322 (e) (3) of the CodeCode or any successor provision thereto) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below)director, this option shall be exercisable, exercisable within the period of one year following the date of death or disability of the Optionee (but in no event on or after the Expiration Date), ) by the Optionee or by the person to whom this option is transferred by will or will, by the laws of descent and distribution, or by written notice filed pursuant to Section 3 (g) of this Agreement, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Stock Option Agreement (Epresence Inc)

Exercise Period Upon Death or Disability. If the Optionee dies or ---------------------------------------- becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months 90 days after the Optionee ceases to be an employee of the Company (other than as the a result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disabilitycessation of employment with the Company. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Epresence Inc)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3422(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that PROVIDED THAT this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Great Bay Power (Baycorp Holdings LTD)

Exercise Period Upon Death or Disability. If the Optionee dies while in the employ of the Company or within three (3) months after the Optionee ceases to be such an employee (other than as the result of a discharge for “Cause” as specified in subsection (f) below), or if the Optionee becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to while in the Expiration Date while he or she is an employee employ of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable but only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Clinical Data Inc)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled suffers a Disability while the Option is outstanding (including within the meaning three-month period following termination of Section 22(e)(3) Service of the Code) prior to the Expiration Date while he or she is an employee of the CompanyOptionee), or if the Optionee dies within three months after the Optionee ceases to be an employee of and the Company (other than as has not terminated the result of a discharge Optionee's Service for "causeCause" as specified in paragraph (f) belowSection 3(e), this option the Option shall be exercisable, within the period of one year following the date of death or disability termination of Service of the Optionee Optionee, (but i) in no event after the Expiration Date)case of a termination of Service due to the Disability of the Optionee, by the Optionee, and (ii) in the case of a termination of Service due to the death of the Optionee, by (A) a beneficiary designated in writing by the Optionee to the Company prior to the Optionee's death, or (B) if no such beneficiary has been designated, by the personal representative of the Optionee's estate or by the person person(s) to whom this option the Option is transferred by pursuant to the Optionee's will or in accordance with the laws of descent and distribution; provided, provided that this option that, in any case, the Option shall be exercisable only to the extent and with respect to the number of Shares that this option was exercisable by the Optionee was entitled to exercise on the date of his or her death or disability. Except as otherwise indicated by Disability; and further provided, that the context, Option shall not be exercisable after the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the OptioneeTermination Date.

Appears in 1 contract

Samples: Stock Option Agreement (Memory Pharmaceuticals Corp)

Exercise Period Upon Death or Disability. If the Optionee is a natural person who dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of has a Business Relationship with the Company, or if the such an Optionee dies within three (3) months after the Optionee date on which he or she ceases to be an employee of have a Business Relationship with the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below)Company, this option shall be exercisable, exercisable within the period of one (1) year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution; provided, provided however, that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this optionAgreement, shall be deemed to include the estate of the Optionee Optionee, the Optionee's personal representative, or any other person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee or by reason of the Optionee's incapacity.

Appears in 1 contract

Samples: Roving Software Incorporated (Constant Contact, Inc.)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year [time period] following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Stock Option Agreement (Boston Acoustics Inc)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(322 (e) (3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months 90 days after the Optionee ceases to be an employee of the Company (other than as the a result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disabilitycessation of employment with the Company. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Epresence Inc)

Exercise Period Upon Death or Disability. If the Optionee dies ---------------------------------------- or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ptionee ceases to be an employee of the Company (other than as the a result of a discharge for "cause" as specified in paragraph (fh) below), this option shall be become exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this ------------- option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

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

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Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to in full, notwithstanding the extent that this option was exercisable by the Optionee on the date of his or her death or disabilityvesting schedule provided in Section 3(a) above. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

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

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "“proper cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Distributed Energy Systems Corp)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the CompanyEligible Optionee, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge termination of such relationship by the Company for "cause" “Cause” as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after whether or not such exercise occurs before the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by of the Optionee on the date of his or her death or disabilityvested shares. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Form of Option Offering Agreement (iKang Healthcare Group, Inc.)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, ; provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Starmet Corp)

Exercise Period Upon Death or Disability. If the Optionee dies while in the employ of the Company or within three (3) months after the Optionee ceases to be such an employee (other than as the result of a discharge for "Cause" as specified in subsection (f) below), or if the Optionee becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to while in the Expiration Date while he or she is an employee employ of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable but only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Clinical Data Inc)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee a director of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee a director of the Company (other than as the a result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Stock Option Agreement (Cisco Systems Inc)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date Date, while he or she is an employee of the Companya consultant, or if the Optionee dies within three months after the Optionee ceases to be an adviser, director and/or employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), or Parent Corporation or Subsidiary this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), ) by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable by the Optionee only to the extent that this option it was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee Optionee, or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Stock Option Agreement (Unica Corp)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the CompanyEligible Optionee, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below)Eligible Optionee, this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after whether or not such exercise occurs before the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Non Statutory Stock Option Agreement (Sunterra Corp)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the a result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disabilitycessation of employment with the Company. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Epresence Inc)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that PROVIDED THAT this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Stock Option Agreement (Baycorp Holdings LTD)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that PROVIDED THAT this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Versicor Inc /Ca)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the a result of a discharge for "cause" as specified in paragraph (fh) below), this option shall be become exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

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

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the Company, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after the Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided distribution to the same extent that the Optionee could have exercised this option shall be exercisable only to the extent that this option was exercisable by the Optionee on or the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Open Solutions Inc)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3422(e)(3) of the Code) prior to the Expiration Date while he or she is an employee of the CompanyEligible Optionee, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company (other than as the result of a discharge for "cause" as specified in paragraph (f) below)Eligible Optionee, this option Option shall be exercisable, within the period of one year following the date of death or disability of the Optionee (but in no event after whether or not such exercise occurs before the Expiration Date), by the Optionee Optionee, the Optionee's guardian or legal representative, or by the person to whom this option Option is transferred by will or the laws of descent and distribution, provided that this option Option shall be exercisable only to the extent that this option Option was exercisable by the Optionee and vested on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this optionOption, shall be deemed to include the Optionee's legal guardian or the estate of the Optionee or any person who acquires the right to exercise this option Option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Stock Option Agreement (Bay Networks Inc)

Exercise Period Upon Death or Disability. If the Optionee dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Initial Option Expiration Date or the Supplemental Option Expiration Date while he or she is an employee of the CompanyEligible Optionee, or if the Optionee dies within three months after the Optionee ceases to be an employee of the Company Eligible Optionee (other than as the result of a discharge termination of such relationship by the Company for "cause" as specified in paragraph (f) below), this option shall be exercisable, within the period of three months following the date of death, and within the period of one year following the date of death or disability disability, of the Optionee (but in no event after whether or not such exercise occurs before the applicable Expiration Date), by the Optionee or by the person to whom this option is transferred by will or the laws of descent and distribution, provided that this option shall be exercisable only to the extent that this option was exercisable by the Optionee on the date of his or her death or disability. Except as otherwise indicated by the context, the term "Optionee", as used in this option, shall be deemed to include the estate of the Optionee or any person who acquires the right to exercise this option by bequest or inheritance or otherwise by reason of the death of the Optionee.

Appears in 1 contract

Samples: Employment Agreement (MetaMorphix Inc.)

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