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

Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled prior to the Final Exercise Date while he is an Eligible Participant and the Company has not terminated such relationship for “Cause” as specified in paragraph 3(f) below, this option shall be exercisable, within the period of one year following the date of death or disability of the Participant by the Participant, provided that this option shall not be exercisable after the Final Exercise Date.

Appears in 5 contracts

Samples: First Marblehead Corp, First Marblehead Corp, First Marblehead Corp

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Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Final Exercise Date while he or she is an Eligible Participant and the Company has not terminated such relationship for “Cause” as specified in paragraph 3(f) below, this option shall be exercisable, within the period of one year following the date of death or disability of the Participant by the Participant, provided that this option shall be exercisable only to the extent that this option was exercisable by the Participant on the date of his or her death or disability, and further provided that this option shall not be exercisable after the Final Exercise Date.

Appears in 4 contracts

Samples: Nonstatutory Stock Option Agreement (Boston Communications Group Inc), Nonstatutory Stock Option Agreement (Boston Communications Group Inc), Nonstatutory Stock Option Agreement (Boston Communications Group Inc)

Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Final Exercise Date while he or she is an Eligible Participant and the Company has not terminated such relationship for “Causecause” as specified in paragraph 3(f(e) below, this option shall be exercisable, within the period of one year following the date of death or disability of the Participant by the Participant, provided that this option shall not be exercisable after the Final Exercise Date.

Appears in 2 contracts

Samples: I Many Inc, I Many Inc

Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Final Exercise Date while he is an Eligible Participant and the Company has not terminated such relationship for “Cause” as specified in paragraph 3(f) below, this option shall be exercisable, within the period of one year following the date of death or disability of the Participant by the Participant, provided that this option shall not be exercisable after the Final Exercise Date.for

Appears in 2 contracts

Samples: Nonstatutory Stock Option Agreement (Cerulean Pharma Inc.), Nonstatutory Stock Option Agreement (Cerulean Pharma Inc.)

Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Final Exercise Date while he or she is an Eligible Participant and the no Specified Company has not terminated such relationship for “Cause” as specified in paragraph 3(f) below, this option shall be exercisable, within the period of one year following the date of death or disability of the Participant by the Participant, provided that this option shall not be exercisable after the Final Exercise Date.for

Appears in 2 contracts

Samples: Microstrategy Incorporated (MICROSTRATEGY Inc), Nonstatutory Stock Option Agreement (MICROSTRATEGY Inc)

Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled disabled (within the meaning of Section 409A of the Code) prior to the Final Exercise Date while he or she is an Eligible Participant and the Company has not terminated such relationship for “Causecause” as specified in paragraph 3(f(e) below, this option shall be exercisableexercisable in full, within the period of one year following the date of death or disability of the Participant by the Participant, provided that this option shall not be exercisable after the Final Exercise Date.

Appears in 2 contracts

Samples: Qualified Stock Option Agreement (Akamai Technologies Inc), Qualified Stock Option Agreement (Akamai Technologies Inc)

Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Final Exercise Date while he or she is an Eligible Participant and the Company has not terminated such relationship for “Cause” as specified in paragraph 3(f(g) below, this option shall be exercisable, within exercisable until the period Final Expiration Date and shares shall continue to become exercisable prior to the Final Expiration Date in accordance with section 2 of one year following the date of death or disability of the Participant by the Participant, provided that this option shall not be exercisable after the Final Exercise Dateagreement.

Appears in 1 contract

Samples: BJS Wholesale Club Inc

Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Final Exercise Date while he or she is an Eligible Participant and the Company has not terminated such relationship for “Cause” as specified in paragraph 3(f) belowDirector, this option shall be exercisable, within the period of one year following the date of death or disability of the Participant Participant, by the Participant, provided that this option shall be exercisable only to the extent that this option was exercisable by the Participant on the date of his or her death or disability, and further provided that this option shall not be exercisable after the Final Exercise Date.

Appears in 1 contract

Samples: Lifeline Systems Inc

Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Final Exercise Date while he or she is an Eligible Participant and the Company has not terminated such relationship for “Cause” "cause" as specified in paragraph 3(f(e) below, this option shall be exercisable, within the period of one year following the date of death or disability of the Participant by the Participant, provided that this option shall not be exercisable after only to the Final Exercise Date.extent that

Appears in 1 contract

Samples: Oberon Software Incorporated Stock Option Agreement (Ondisplay Inc)

Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Final Exercise Date while he is an Eligible Participant employee of the Corporation and the Company has not terminated such relationship for “Causecause” as specified in paragraph 3(f(d) below, this option shall be exercisable, within exercisable up to and including the period of one year following Final Exercise Date by the date Participant (or in the case of death or disability of the Participant by the Participantan authorized transferee), provided that this option shall not be exercisable after only to the Final Exercise Dateextent that this option was exercisable by the Participant on the date of his death or disability.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Southern Trust Securities Holding Corp)

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Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Final Exercise Date while he is an Eligible Participant and the Company has not terminated such relationship for “Cause” as specified in paragraph 3(f) belowDate, this option shall be exercisable, within the period of one year following the date of death or disability of the Participant by the Participant, or by a representative designated in a written notice to the Company by the Participant, providedthat this option shall be exercisable only to the extent that this option was exercisable by the Participant on the date of his or her death or disability, and further provided that this option shall not be exercisable after the Final Exercise Date.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Opnet Technologies Inc)

Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Final Exercise Date while he or she is an Eligible Participant and the Company has not terminated such relationship for “Cause” as specified in paragraph 3(f) belowParticipant, this option shall be exercisable, within the exercisable for a period of one year following the date of death or disability of the Participant Participant, provided that this option shall be exercisable only to the extent that this option was exercisable by the ParticipantParticipant on the date of his or her death or disability, and further provided that this option shall not be exercisable after the Final Exercise Date.

Appears in 1 contract

Samples: Medicines Co /De

Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Final Exercise Date while he or she is an Eligible Participant and the Company has not terminated such relationship for “Cause” "cause" as specified in paragraph 3(f(e) below, this option Option shall be exercisable, within the period of one year following the date of death or disability of the Participant Participant, by the Participant, provided that this option Option shall not be exercisable after only to the Final Exercise Date.extent that this Option was exercisable

Appears in 1 contract

Samples: Letter Agreement (Edison Schools Inc)

Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled disabled (within the meaning of Section 22(e)(3) of the Code): (1) after the closing of an Initial Public Offering, (2) prior to the Final Exercise Date Date, (3) while he or she is an Eligible Participant Participant, and (4) the Company has not terminated such relationship for “Cause” Cause as specified in paragraph 3(f(e) below, this option shall be exercisable, within the period of one year following the date of death or disability of the Participant by the Participant, provided that this option shall not be exercisable after only to the Final Exercise Date.extent that this

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Network Plus Corp)

Exercise Period Upon Death or Disability. If the Participant dies or becomes Disabled disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Final Exercise Date while he or she is an Eligible Participant and the Company has not terminated such relationship for “Just Cause” as specified in paragraph 3(f(c) belowabove, this option shall be fully exercisable, within the period of one year six months following the date of death or disability of the Participant Participant, by the ParticipantParticipant (or in the case of death by an authorized transferee), provided that this option shall not be exercisable after the Final Exercise Date.

Appears in 1 contract

Samples: Communicate Com Inc

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