Common use of Fair Market Value Limitation Clause in Contracts

Fair Market Value Limitation. To the extent that options designated as Incentive Stock Options (granted under all stock option plans of the Participating Company Group, including the Plan) become exercisable by a Participant for the first time during any calendar year for stock having a Fair Market Value greater than One Hundred Thousand Dollars ($100,000), the portion of such options which exceeds such amount shall be treated as Nonstatutory Stock Options. For purposes of this Section, options designated as Incentive Stock Options shall be taken into account in the order in which they were granted, and the Fair Market Value of stock shall be determined as of the time the option with respect to such stock is granted. If the Code is amended to provide for a limitation different from that set forth in this Section, such different limitation shall be deemed incorporated herein effective as of the date and with respect to such Options as required or permitted by such amendment to the Code. If an Option is treated as an Incentive Stock Option in part and as a Nonstatutory Stock Option in part by reason of the limitation set forth in this Section, the Participant may designate which portion of such Option the Participant is exercising. In the absence of such designation, the Participant shall be deemed to have exercised the Incentive Stock Option portion of the Option first. Upon exercise, shares issued pursuant to each such portion shall be separately identified.

Fair Market Value Limitation. To the extent that options designated as the Option (together with all Incentive Stock Options (granted to the Optionee under all stock option plans of the Participating Company Group, including the Plan) become becomes exercisable by a Participant for the first time during any calendar year for stock shares having a Fair Market Value greater than One Hundred Thousand Dollars ($100,000), the portion of such options which exceeds such amount shall will be treated as Nonstatutory Stock Options. For purposes of this SectionSection 2.2, options designated as Incentive Stock Options shall be are taken into account in the order in which they were granted, and the Fair Market Value of stock shall be is determined as of the time the option with respect to such stock is granted. If the Code is amended to provide for a different limitation different from that set forth in this SectionSection 2.2, such different limitation shall be deemed incorporated herein effective as of the date and with respect to such Options as required or permitted by such amendment to the Code. If an the Option is treated as an Incentive Stock Option in part and as a Nonstatutory Stock Option in part by reason of the limitation set forth in this SectionSection 2.2, the Participant Optionee may designate which portion of such Option the Participant Optionee is exercising. In the absence of such designation, the Participant Optionee shall be deemed to have exercised the Incentive Stock Option portion of the Option first. Upon exercise, shares issued pursuant to Separate certificates representing each such portion shall be separately identified.issued upon the exercise of the Option. (

Fair Market Value Limitation. To the extent that options designated as Incentive Stock Options (granted under all stock option plans of the Participating Company Group, including the Plan) become exercisable by a Participant an Optionee for the first time during any calendar year for stock having a Fair Market Value greater than One Hundred Thousand Dollars ($100,000), the portion portions of such options which exceeds exceed such amount shall be treated as Nonstatutory Stock Options. For purposes of this SectionSection 5.3, options designated as Incentive Stock Options shall be taken into account in the order in which they were granted, and the Fair Market Value of stock shall be determined as of the time the option with respect to such stock is granted. If the Code is amended to provide for a different limitation different from that set forth in this SectionSection 5.3, such different limitation shall be deemed incorporated herein effective as of the date and with respect to such Options as required or permitted by such amendment to the Code. If an Option is treated as an Incentive Stock Option in part and as a Nonstatutory Stock Option in part by reason of the limitation set forth in this SectionSection 5.3, the Participant Optionee may designate which portion of such Option the Participant Optionee is exercising. In the absence of such designation, the Participant Optionee shall be deemed to have exercised the Incentive Stock Option portion of the Option first. Upon exercise, shares issued pursuant to Separate certificates representing each such portion shall be separately identifiedissued upon the exercise of the Option.

Fair Market Value Limitation. To the extent that the Option (together with all incentive stock options designated as Incentive Stock Options (granted to the Optionee under all stock option plans of the Participating Company Group, including the Plan) become becomes exercisable by a Participant for the first time during any calendar year for stock shares having a Fair Market Value greater than One Hundred Thousand Dollars ($100,000), the portion of such options which exceeds such amount shall will be treated as Nonstatutory Stock Optionsnonstatutory stock options. For purposes of this SectionSection 2.2, options designated as Incentive Stock Options shall be incentive stock options are taken into account in the order in which they were granted, and the Fair Market Value of stock shall be is determined as of the time the option with respect to such stock is granted. If the Code is amended to provide for a different limitation different from that set forth in this SectionSection 2.2, such different limitation shall be deemed incorporated herein effective as of the date and with respect to such Options as required or permitted by such amendment to the Code. If an the Option is treated as an Incentive Stock Option incentive stock option in part and as a Nonstatutory Stock Option nonstatutory stock option in part by reason of the limitation set forth in this SectionSection 2.2, the Participant Optionee may designate which portion of such Option the Participant Optionee is exercising. In the absence of such designation, the Participant Optionee shall be deemed to have exercised the Incentive Stock Option incentive stock option portion of the Option first. Upon exercise, shares issued pursuant to Separate certificates representing each such portion shall be separately identified.issued upon the exercise of the Option. (

Fair Market Value Limitation. To the extent that options designated as Incentive Stock Options (granted under all stock option plans of the Participating Company Group, including the Plan) become exercisable by a Participant an Optionee for the first time during any calendar year for stock having a Fair Market Value greater than One Hundred Thousand Dollars ($100,000100,000.00), the portion portions of such options which exceeds exceed such amount shall be treated as Nonstatutory Stock Options. For purposes of this SectionSection 5.3, options designated as Incentive Stock Options shall be taken into account in the order in which they were granted, and the Fair Market Value of stock shall be determined as of the time the option with respect to such stock is granted. If the Code is amended to provide for a different limitation different from that set forth in this SectionSection 5.3, such different limitation shall be deemed incorporated herein effective as of the date and with respect to such Options as required or permitted by such amendment to the Code. If an Option is treated as an Incentive Stock Option in part and as a Nonstatutory Stock Option in part by reason of the limitation set forth in this SectionSection 5.3, the Participant Optionee may designate which portion of such Option the Participant Optionee is exercising. In the absence of such designation, the Participant Optionee shall be deemed to have exercised the Incentive Stock Option portion of the Option first. Upon exercise, shares issued pursuant to Separate certificates representing each such portion shall be separately identifiedissued upon the exercise of the Option.

Fair Market Value Limitation. To the extent that options designated as Incentive Stock Options (granted under all stock option plans of the Participating Company Group, including the Plan) become exercisable by a Participant an Optionee for the first time during any calendar year for stock having a Fair Market Value greater than One Hundred Thousand Dollars ($100,000), the portion of such options which exceeds such amount shall be treated as Nonstatutory Stock Options. For purposes of this SectionSection 5.3, options designated as Incentive Stock Options shall be taken into account in the order in which they were granted, and the Fair Market Value of stock shall be determined as of the time the option with respect to such stock is granted. If the Code is amended to provide for a different limitation different from that set forth in this SectionSection 5.3, such different limitation shall be deemed incorporated herein effective as of the date and with respect to such Options as required or permitted by such amendment to the Code. If an Option is treated as an Incentive Stock Option in part and as a Nonstatutory Stock Option in part by reason of the limitation set forth in this SectionSection 5.3, the Participant Optionee may designate which portion of such Option the Participant Optionee is exercising. In the absence of such designation, the Participant Optionee shall be deemed to have exercised the Incentive Stock Option portion of the Option first. Upon exercise, shares issued pursuant to Separate certificates representing each such portion shall be separately identifiedissued upon the exercise of the Option.

Fair Market Value Limitation. To the extent that this Option, together with all incentive stock options designated as Incentive Stock Options (granted to Optionee under all stock option plans of the Participating Company Group, including or a Related Company (as defined in the Plan) become ), becomes exercisable by a Participant for the first time during any calendar year for stock shares having a Fair Market Value (as defined in the Plan) greater than One Hundred Thousand Dollars ($100,000), the portion of such options which exceeds such amount shall will be not be treated as Nonstatutory Stock Optionsincentive stock options within the meaning of Section 422 of the Code, but instead will be treated as non-qualified stock options. For purposes of this SectionSection 2 hereof, options designated as Incentive Stock Options shall be incentive stock options are taken into account in the order in which they were granted, and the Fair Market Value of stock shall be is determined as of the time the option with respect to such stock is granted. If the Code is amended to provide for a different limitation different from that set forth in this SectionSection 2 hereof, such different limitation shall be deemed incorporated herein effective as of the date and with respect to such Options as required or permitted by such amendment to of the Code. If an this Option is treated as an Incentive Stock Option incentive stock option in part and as a Nonstatutory Stock Option non-qualified stock option in part by reason of the limitation set forth in this SectionSection 2 hereof, the Participant Optionee may designate which portion of such this Option the Participant is exercisingbeing exercised. In the absence of such designation, the Participant Optionee shall be deemed to have exercised the Incentive Stock Option incentive stock option portion of the this Option first. Upon exercise, shares issued pursuant to Separate certificates representing each such portion shall be separately identifiedissued upon the exercise of this Option.

Fair Market Value Limitation. To the extent that options designated as Incentive Stock Options (granted under all stock option plans of the Participating Company Group, including the Plan) become exercisable by a Participant for the first time during any calendar year for stock having a Fair Market Value greater than One Hundred Thousand Dollars ($100,000), the portion of such options which exceeds such amount shall be treated as Nonstatutory Stock Options. For purposes of this Section, options designated as Incentive Stock Options shall be taken into account in the order in which they were granted, and the Fair Market Value of stock shall be determined as of the time the option with respect to such stock is granted. If the Code is amended to provide for a limitation different from that set forth in this Section, such different limitation shall be deemed incorporated herein effective as of the date and with respect to such Options as required or permitted by such amendment to the Code. If an Option is treated as an Incentive Stock Option in part and as a Nonstatutory Stock Option in part by reason of the limitation set forth in this Section, the Participant may designate which portion of such Option the Participant is exercising. In the absence of such designation, the Participant shall be deemed to have exercised the Incentive Stock Option portion of the Option first. Upon exerciseexercise of the Option, shares issued pursuant to each such portion shall be separately identified.

Fair Market Value Limitation. To the extent that the aggregate Fair Market Value of stock with respect to which options designated as Incentive Stock Options are exercisable by an Optionee for the first time during any calendar year (granted under all stock option plans of the Participating Company Group, including the Plan) become exercisable by a Participant for the first time during any calendar year for stock having a Fair Market Value greater than exceeds One Hundred Thousand Dollars ($100,000), the portion of such options which exceeds such amount shall be treated as Nonstatutory Stock Options. For purposes of this SectionSection 5.5, options designated as Incentive Stock Options shall be taken into account in the order in which they were granted, and the Fair Market Value of stock shall be determined as of the time the option with respect to such stock is granted. If the Code is amended to provide for a different limitation different from that set forth in this SectionSection 5.5, such different limitation shall be deemed incorporated herein effective as of the date and with respect to such Options as required or permitted by such amendment to the Code. If an Option is treated as an Incentive Stock Option in part and as a Nonstatutory Stock Option in part by reason of the limitation set forth in this SectionSection 5.5, the Participant Optionee may designate which portion of such Option the Participant Optionee is exercisingexercising and may request that separate certificates representing each such portion be issued upon the exercise of the Option. In the absence of such designation, the Participant Optionee shall be deemed to have exercised the Incentive Stock Option portion of the Option first. Upon exercise, shares issued pursuant to each such portion shall be separately identified.