Grant of Option Sample Clauses

Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 19(c) of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company Corporation hereby grants to the Participant Optionee named in the Notice of Stock Option Grant in (the Notice) attached as Part I of this Option Agreement (Participant), an option (the Option) to purchase the number of Shares Shares, as set forth in the Notice of Stock Option GrantNotice, at the exercise price per Share share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan Notice and this Option Agreement, the terms . This Option is subject to and conditions conditioned upon Optionees acceptance of the Plan shall prevail. If designated in Option by returning to the Notice Corporation an executed original of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the CodeAgreement. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this This Option shall be treated as a Nonstatutory Stock Option (NSO). Furthernull and void and of no force and effect, if for any reason unless the Optionee executes and returns to the Corporation this Option (or portion thereof) shall not qualify Agreement. This Option is granted as an ISO, then, inducement material to the extent Optionees entering into service with the Corporation as an Employee. The Grantee has not previously been a Service Provider of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Company. This Option is not intended to qualify for any reason as be an ISOincentive stock option under Section 422 of the Code.
Grant of Option. The Administrator of Pursuant to the Plan, the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), Optionee an option (the Option) to purchase from the Company all or any number of the Option Shares set forth in the Notice at a purchase price of Stock Option Grant, at the exercise price $ per Share set forth in the Notice of Stock Option Grant share (the Exercise Price). The Exercise Price shall be subject to adjustment at any time and from time to time pursuant to, and subject to in accordance with, the terms and conditions provisions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this The Option is intended to qualify granted as an Incentive Stock Option as defined in Section 422 of (the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(dGrant Date), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator In consideration of Participants past and/or continued employment with or service to the Company or a Parent or Subsidiary and for other good and valuable consideration, effective as of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares Date set forth in the Grant Notice (the Grant Date), the Company irrevocably grants to Participant the Option to purchase any part or all of an aggregate of the number of shares of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price)Notice, and subject to upon the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, set forth in the event of a conflict between the terms and conditions of the Plan and this Agreement. Unless designated as a Non-Qualified Stock Option Agreementin the Grant Notice, the terms and conditions of the Plan Option shall prevail. If designated in the Notice of Stock Option Grant as be an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the maximum extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOpermitted by law.
Grant of Option. The Administrator An Option may be granted to any Eligible Person selected by the Committee; provided, however, that only Employees shall be eligible for Awards of the Company hereby grants to the Participant named in the Notice of Incentive Stock Options. Each Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grantshall be designated, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions discretion of the PlanCommittee, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended if applicable) or a Nonqualified Stock Option. The maximum number of shares of Common Stock that may be granted under Options to qualify any one Participant during any three calendar year period shall be limited to 2,000,000 shares (subject to adjustment as an Incentive Stock Option as defined provided in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d3.4 hereof), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant Optionee named in the Notice of Stock Option Grant in Part I of this Agreement (Participant)Option Agreement, an option (the Option) Option to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the "Exercise Price"), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in In the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO)Option, this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the CodeCode section 422. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section section 422(d), this Option shall will be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOOption.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the Option) to purchase purchase, on the terms and conditions hereinafter set forth, the number of Shares set forth in on the Notice of Stock Option GrantNotice, at the exercise price per Share subject to adjustment as set forth in the Notice Plan. The purchase price of Stock Option Grant (the Exercise Price), and Shares subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this the Option Price) shall be as set forth on the Notice. The Option is intended to qualify be a non-qualified stock option, and as such is not intended to be treated as an Incentive Stock Option as defined in option that complies with Section 422 of the Code. NeverthelessInternal Revenue Code of 1986, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOamended.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in Optionee, under the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), Plan and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject a stock option (the "Option") to Section 18 purchase all or any part of the Plannumber of shares of Common Stock (the "Shares") set forth below the Optionee's name on the signature page hereto, in the event of a conflict between on the terms and conditions of the Plan and this hereinafter set forth. The Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option granted hereunder shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall nonstatutory stock option and is not qualify as intended to constitute an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted incentive stock option under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure section 422 of the Option to qualify for any reason Internal Revenue Code of 1986, as an ISOamended (the "Code").
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 18(c) of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions as of the PlanGrant Date specified above, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISOthis Option) to acquire from the Company at the Per Share Exercise Price specified above, the aggregate number of shares of Common Stock specified above (the Option Shares). Except as otherwise provided by the Plan, the Participant agrees and understands that nothing contained in this Option Agreement provides, or is intended to qualify as an Incentive Stock Option as defined in Section 422 provide, the Participant with any protection against potential future dilution of the CodeParticipants interest in the Company for any reason. NeverthelessThe Participant shall have no rights as a stockholder with respect to any shares of Common Stock covered by the Option unless and until the Participant has become the holder of record of such shares, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option and no adjustments shall be treated made for dividends in cash or other property, distributions or other rights in respect of any such shares, except as a Nonstatutory Stock Option (NSO). Further, if otherwise specifically provided for any reason in the Plan or this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOAgreement.
Grant of Option. The Administrator of the Company hereby grants to the Participant Optionee named in the Notice of Stock Option Grant in Part I of this Agreement (Participant)Option Agreement, an option (the Option) Option to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in In the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO)Option, this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the CodeCode section 422. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section section 422(d), this Option shall will be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOOption.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement ("Participant"), an option (the "Option") to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the "Exercise Price"), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 19(c) of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option ("ISO"), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option ("NSO"). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of Pursuant to the Plan and subject to the terms and conditions set forth herein and therein, the Company hereby grants to the Participant named in Optionee the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the Option) to purchase all or any part of the number Option Shares of Shares set forth in the Notice of Stock Option GrantCompanys common stock, at the exercise price $.01 par value per Share set forth in the Notice of Stock Option Grant share (the Exercise PriceCommon Stock), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is not intended to qualify as an Incentive Stock Option incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to you, effective as of the Participant named in Grant Date, the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the Option) to purchase all or any part of the aggregate number of Shares shares of Common Stock set forth in the Notice of Stock Option Grantattached Notice, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to on the terms and conditions contained in this Agreement and in accordance with the terms of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this The Option is not intended to qualify as be an Incentive Stock Option as defined in incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant Optionee named in the Notice of Stock Option Grant in Part I of this Agreement (Participantthe Optionee), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in In the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule Option fails to meet the requirements of an ISO under Code Section 422(d)422, this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby irrevocably grants to Grantee the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the Option) to purchase all or any part of the aggregate number of Shares set forth shares of the Common Stock of Company specified in the Notice of Stock Summary (the Option Grant, Shares) at the exercise price per Share set forth Option Price specified in the Notice of Stock Option Grant Summary (the Exercise Option Price), during the period and subject to the terms conditions set forth in this agreement and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOSummary.
Grant of Option. The Administrator Company, effective as of the Company date of this Agreement, hereby grants to Participant, as a matter of separate agreement and not in lieu of salary or other compensation for services rendered, the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the Option) to purchase all or any part of an aggregate of shares of Common Stock (the number of Shares set forth in the Notice of Stock Option Grant, Shares) at the exercise price of $ per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to share on the terms and conditions set forth in this Agreement. The Option is not intended to be an incentive stock option within the meaning of the PlanInternal Revenue Code of 1986, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOamended.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in Optionee, as of the Notice above Date of Stock Option Grant in Part I of this Agreement (Participant)Grant, an option (the Option) to purchase purchase, in whole or in part, on the terms provided herein and in the Plan, that total number of Shares Class A Common shares as set forth in Schedule A (the Notice of Stock Option Grant, Shares) at the exercise price above Price per Share set forth Share. The Option will vest and become exercisable in the Notice of Stock accordance with Section 3 below. The Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein evidenced by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option Agreement is intended to qualify be a non-qualified option and is granted to the Optionee in an Employment capacity as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOemployee.
Grant of Option. The Administrator of Global Cash Access Holdings, Inc., a Delaware corporation (the Company Company), hereby grants to the Participant Grantee (the Grantee) named in the Notice of Stock Option Grant in Part I of this Agreement Award (Participantthe Notice), an option (the Option) to purchase the number Total Number of Shares of Common Stock subject to the Option (the Shares) set forth in the Notice of Stock Option GrantNotice, at the exercise price Exercise Price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and ) subject to the terms and conditions provisions of the Notice, this Stock Option Award Agreement (the Option Agreement) and the Companys 2005 Stock Incentive Plan, as amended from time to time (the Plan), which is are incorporated herein by reference. Subject to Section 18 of Unless otherwise defined herein, the Plan, terms defined in the event of a conflict between Plan shall have the terms and conditions of the Plan and same defined meanings in this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO)Option, this the Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. NeverthelessHowever, notwithstanding such designation, the Option will qualify as an Incentive Stock Option under the Code only to the extent that it exceeds the $100,000 rule dollar limitation of Code Section 422(d), this Option shall be treated ) of the Code is not exceeded. The $100,000 limitation of Section 422(d) of the Code is calculated based on the aggregate Fair Market Value of the Shares subject to options designated as a Nonstatutory Incentive Stock Option Options which become exercisable for the first time by the Grantee during any calendar year (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent under all plans of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option Company). For purposes of this calculation, Incentive Stock Options shall be taken into account in the order in which they were granted, and the Fair Market Value of the shares subject to qualify for any reason such options shall be determined as an ISOof the grant date of the relevant option.
Grant of Option. The Administrator AntriaBio, Inc., a Delaware corporation (the "Company") hereby grants Participant the option (the "Option") to purchase all or any part of the number of shares (the "Shares") of common stock of the Company hereby grants to at the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares exercise price set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of this Stock Option Agreement (the "Agreement") and the AntriaBio, Inc. 2016 Non Qualified Stock Option Plan (the "Plan"). In the event of any conflict between this Agreement and the Plan, which is incorporated herein by referencethe Plan will govern. Subject By acceptance of this grant, Participant and agrees to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Agreement. The Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant will not be treated as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"). Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this The Option shall be treated as a Nonstatutory Stock Option terminate at the close of business ten years from the date hereof (NSOthe "Expiration Date"). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (the Participant), ) an option (the Option) to purchase the number of Shares Shares, as set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to all of the terms and conditions of in this Agreement and the Plan, which is incorporated herein by reference. Subject to Section 18 19(c) of the Plan, in the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Option Agreement, the terms and conditions of the Plan shall will prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in ISO under Section 422 of the Internal Revenue Code of 1986, as amended (the Code). NeverthelessHowever, if this Option is intended to be an Incentive Stock Option, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall ) it will be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall will not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall will the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company Corporation hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant)Optionee, an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject and also subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms right and conditions option to purchase from the Corporation all or any part of an aggregate shares of the Plan shall prevail. If designated in Common Stock (the Notice of Stock Option Grant as an Incentive Stock Option (ISOShares), this Option at an exercise price of $ per share (the Exercise Price). This option (the Option) is intended to qualify be and will be treated as a non-qualified stock option, and not as an Incentive Stock Option as defined in incentive stock option within the meaning of Section 422 of the CodeInternal Revenue Code of 1986, as amended. NeverthelessThe number of Shares and the Exercise Price are each subject to adjustment under certain circumstances, to as more fully set forth in Article XIII of the extent that it exceeds the $100,000 rule of Code Plan and in Section 422(d), this Option shall be treated as a Nonstatutory 7 hereof. The term Common Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or includes any other person) due to the failure class of the Option to qualify for any reason as an ISOstock or other securities resulting from such adjustment.
Grant of Option. The Administrator of Pursuant to the Grant Notice, the Company hereby grants has granted to the Participant named Optionee the right and option to purchase, subject to the terms and conditions set forth in the Notice Plan and this Agreement, all or any part of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in on the Grant Notice of Stock Option Grant, at a purchase price per Share equal to the exercise price per Share set forth in on the Grant Notice. If the Grant Notice indicates (under Type of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and Option) that this Option Agreementis an ISO, then this Option is intended by the terms Company and conditions of the Plan shall prevailOptionee to be an Incentive Stock Option. If designated in However, if the Grant Notice of Stock indicates that this Option Grant as is a NQSO, then this Option is not intended to be an Incentive Stock Option (ISO), this Option and is instead intended to qualify as an Incentive be a Nonqualified Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOOption.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), Optionee an option (the Option) to purchase all or any portion of a total of ( ) shares (the number Shares) of Shares set forth in the Notice Common Stock of Stock Option Grant, the Company at the exercise a purchase price of ($ ) per Share set forth in the Notice of Stock Option Grant share (the Exercise Price), and subject to the terms and conditions set forth herein and the provisions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an box marked Incentive Stock Option (ISO)above is checked, then this Option is intended to qualify as an Incentive Stock Option incentive stock option as defined in Section 422 of the Internal Revenue Code of l986, as amended (the Code). NeverthelessIf this Option fails in whole or in part to qualify as an incentive stock option, to or if the extent that it exceeds the $100,000 rule of Code Section 422(d)box marked Nonqualified is checked, then this Option shall be treated as to that extent constitute a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOnonqualified stock option.
Grant of Option. The Administrator Subject to the other terms of the Company hereby grants Plan, the Committee shall, in its discretion as reflected by the terms of the applicable Award Agreement: (i) determine and designate from time to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) time those Eligible Persons to purchase whom Options are to be granted and the number of Shares set forth in the Notice of to be optioned to each Eligible Person; (ii) determine whether to grant Options intended to be Incentive Stock Option GrantOptions, at the exercise price per Share set forth in the Notice of or to grant Non-Qualified Stock Option Grant Options, or both (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this extent that any Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to does not qualify as an Incentive Stock Option as defined in Section 422 Option, it shall constitute a separate Non-Qualified Stock Option); provided that Incentive Stock Options may only be granted to employees of the Code. Nevertheless, to Company or its Subsidiaries; (iii) determine the extent that it exceeds time or times when and the $100,000 rule of Code Section 422(d), this manner and condition in which each Option shall be treated exercisable and the duration of the exercise period; (iv) designate each Option as one intended to be an Incentive Stock Option or as a Nonstatutory Non-Qualified Stock Option Option; and (NSO). Further, if for any reason this Option (v) determine or portion thereof) shall not qualify as an ISO, then, impose other conditions to the extent grant or exercise of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted Options under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason Plan as an ISOit may deem appropriate.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in Optionee the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the "Option") to purchase the number all or any part of Shares set forth an aggregate of Common Shares. The Option is in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price)all respects limited and conditioned as hereinafter provided, and is subject in all respects to the terms and conditions of the Plan, which is Plan now in effect and as it may be amended from time to time (but only to the extent that such amendments apply to outstanding options). Such terms and conditions are incorporated herein by reference. Subject to Section 18 of the Plan, made a part hereof, and shall control in the event of a any conflict between with any other terms of this Option Agreement. The Option granted hereunder is intended to be an incentive stock option ("ISO") meeting the terms and conditions requirements of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section section 422 of the Internal Revenue Code of 1986, as amended (the "Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d"), this Option shall be treated as and not a Nonstatutory Stock Option nonqualified stock option (NSO"NQSO"). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock has been granted an Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase for the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in In the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in under Section 422 of the Code. NeverthelessHowever, if this Option is intended to be an ISO, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option ) it shall be treated as a Nonstatutory Nonqualified Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), you an option (the Option) to purchase the total number of Shares shares of Common Stock set forth in the Notice of Stock Option Grant, above at the exercise price per Purchase Price Per Share set forth in the Notice of Stock Option Grant above (the Exercise Purchase Price), and subject to all of the terms and conditions of this Agreement and the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO)above, this the Option is intended to qualify as an Incentive Stock Option as defined in incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the Code). NeverthelessHowever, the Company shall have no liability in the event it is determined that such Option fails to qualify as such. If this Option is designated as an Incentive Stock Option and all or any portion of this Option fails to qualify as such, the extent portion that it exceeds the $100,000 rule of Code Section 422(d), this fails to qualify as an Incentive Stock Option shall be treated as a Nonstatutory Nonqualified Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOOption.
Grant of Option. The Administrator Board of Directors of the Company hereby grants to the Participant Optionee named in the Notice of Stock Option Grant in attached as Part I of this Agreement (Participantthe Optionee), an option (the Option) to purchase the number of Shares Shares, as set forth in the Notice of Stock Option Grant, at the exercise price per Share share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is are incorporated herein by reference. Subject to Section 18 of the Plan, in In the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in under Section 422 of the Code. NeverthelessHowever, if this Option is intended to be an Incentive Stock Option, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option ) it shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to Participant on the Participant named in Date of Grant, the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the Option) to purchase all or portions of an aggregate of [Insert Number of Shares] () shares of Common Stock at a per share price of $0.009 on the number of Shares terms and conditions set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price)herein, and subject to the terms and conditions adjustment pursuant to Section 11 of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this This Option is not intended to qualify as be an Incentive Stock Option as defined in incentive stock option within the meaning of Section 422 of the Code, or any successor provision, and the regulations thereunder. Nevertheless, to Capitalized terms not defined herein shall have the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under meanings set forth in the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in Participant, as of the Notice of Stock Option Grant in Part I of this Agreement (Participant)Date specified above, an a non-qualified stock option (the this Option) to purchase acquire from the Company at the Per Share Exercise Price specified above, the aggregate number of Shares set forth in the Notice shares of Common Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant specified above (the Exercise PriceOption Shares), and subject to the terms and conditions of . Except as otherwise provided by the Plan, which is incorporated herein by reference. Subject to Section 18 of the PlanParticipant agrees and understands that nothing contained in this Agreement provides, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option or is intended to qualify as an Incentive Stock Option as defined in Section 422 provide, the Participant with any protection against potential future dilution of the CodeParticipants interest in the Company for any reason. Nevertheless, The Participant shall have no rights as a stockholder with respect to the extent that it exceeds the $100,000 rule any shares of Code Section 422(d), Common Stock covered by this Option unless and until the Participant has become the holder of record of the shares, and no adjustments shall be treated made for dividends in cash or other property, distributions or other rights in respect of any such shares, except as a Nonstatutory Stock Option (NSO). Further, if otherwise specifically provided for any reason in the Plan or this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOAgreement.
Grant of Option. The Administrator administrator of the Company Plan (the Administrator) hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 10 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option incentive stock option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO)NQSO. Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO NQSO granted under the Plan. In no event shall the Administrator, the Company Corporation or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in Optionee the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the "Option") to purchase the number all or any part of Shares set forth an aggregate of ________ Common Shares. The Option is in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price)all respects limited and conditioned as hereinafter provided, and is subject in all respects to the terms and conditions of the Plan, which is Plan now in effect and as it may be amended from time to time (but only to the extent that such amendments apply to outstanding options). Such terms and conditions are incorporated herein by reference. Subject to Section 18 of the Plan, made a part hereof, and shall control in the event of a any conflict between the with any other terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock The Option Grant as an Incentive Stock Option (ISO), this Option granted hereunder is intended to qualify be a nonqualified stock option ("NQSO") and not an incentive stock option ("ISO") as an Incentive Stock Option as such term is defined in Section section 422 of the Internal Revenue Code of 1986, as amended (the "Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d"), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator In consideration of Participants past and/or continued employment with or service to the Company or a Subsidiary and for other good and valuable consideration, effective as of the Grant Date set forth in the Grant Notice (the Grant Date), the Company hereby grants to Participant the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase any part or all of an aggregate of the number of Shares set forth in the Notice of Stock Option GrantGrant Notice, at upon the exercise price per Share terms and conditions set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Agreement. Unless designated as a Non-Qualified Stock Option Agreementin the Grant Notice, the terms and conditions of the Plan Option shall prevail. If designated in the Notice of Stock Option Grant as be an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the maximum extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOpermitted by law.
Grant of Option. The Administrator of Subject to the conditions contained herein and in the Plan, the Company hereby grants to the Participant named in Participant, as of the Notice date of Stock Option Grant in Part I grant indicated on Annex A (the Date of this Agreement (ParticipantGrant), an option (the Option) to purchase the number of Shares set forth in the Notice shares of Common Stock Option Grantspecified on Annex A, at the an exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions ) specified on Annex A. The shares of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Common Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure issuable upon exercise of the Option are from time to qualify for any reason time referred to herein as the Option Shares. The grant of an ISOOption shall impose no obligation on the part of the Participant to exercise the Option. The Option shall vest and be exercisable as hereinafter provided.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject Subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms Company hereby grants to Optionee the right and conditions option to purchase from the Company all or part of an aggregate of one hundred thousand (100,000) shares of Common Stock. This option is not intended to constitute an incentive stock option within the meaning of Section 422A of the Plan shall prevail. If designated in Internal Revenue Code of 1986, as amended (the Notice of Stock Option Grant as an Incentive Stock Option (ISO"Code"), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject Subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms Company hereby grants to Optionee the right and conditions option to purchase from the Company all or part of an aggregate of twenty-thousand (20,000) shares of Common Stock. This option is not intended to constitute an incentive stock option within the meaning of Section 422A of the Plan shall prevail. If designated in Internal Revenue Code of 1986, as amended (the Notice of Stock Option Grant as an Incentive Stock Option (ISO"Code"), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator In exchange for the promises and representations made by the individual named in the Notice of Grant attached as Part I of this Award Agreement (the "Participant"), the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the "Option") to purchase the number of Shares Shares, as set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the "Exercise Price"), and subject to all of the terms and conditions of in this Award Agreement and the Plan, which is incorporated herein by reference. Subject to Section 18 19 of the Plan, in the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Option Award Agreement, the terms and conditions of the Plan shall will prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option ("ISO"), this Option is intended to qualify as an Incentive Stock Option as defined in ISO under Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"). NeverthelessHowever, if this Option is intended to be an ISO, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall ) it will be treated as a Nonstatutory Stock Option ("NSO"). Further, if for any reason this Option (or portion thereof) shall will not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall will the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator On behalf of the Company Company, the Board hereby grants to the Participant named in the Notice of Stock Optionee an Option Grant in Part I of this Agreement (Participant)to purchase, an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Planthis Agreement, which is incorporated herein by reference. Subject to Section 18 that number of Shares of the Plan, Company set forth in the event Notice of a conflict between Grant (the "Optioned Shares"), at an exercise price per share equal to the Exercise Price set forth in the Notice of Grant, subject to the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this The Option is intended to qualify be a Non-Qualified Stock Option, meaning that it is not qualified as an "Incentive Stock Option Option" as defined described in Section 422 of the Internal Revenue Code of 1986 ("Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d"), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOamended.
Grant of Option. The Administrator of the Company hereby grants Option granted to the Participant named Optionee and described in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and is subject to the terms and conditions of the Plan, which is incorporated herein by referencereference in its entirety into these Terms and Conditions of Stock Option Award. Subject to Section 18 The Board of Directors of the Company has authorized and approved the 2009 Omnibus Incentive Plan (the "Plan"), which has been approved by the stockholders of the Company. The Committee has approved an award to the Optionee of a number of shares of the Company's common stock, conditioned upon the Participant's acceptance of the provisions set forth in the event of a conflict between Notice and these Terms and Conditions within 60 days after the terms Notice and conditions these Terms and Conditions are presented to the Optionee for review. For purposes of the Plan Notice and this Option Agreementthese Terms and Conditions, any reference to the terms and conditions of the Plan Company shall prevailinclude a reference to any Affiliate. If designated in the Notice of Stock Option Grant as an Incentive Stock Option ("ISO"), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule Option fails to meet the requirements of Code an ISO under Section 422(d)422 of the Code, this Option shall be treated as a Nonstatutory Non-Qualified Stock Option ("NSO"). The Company intends that this Option not be considered to provide for the deferral of compensation under Section 409A of the Code and that this Agreement shall be so administered and construed. Further, if for any reason the Company may modify the Plan and this Option (or portion thereof) shall not qualify as an ISO, then, Award to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability necessary to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOfulfill this intent.
Grant of Option. The Administrator Pursuant to the terms and conditions of this Option Agreement and the Plan (which is incorporated herein by reference), the Company hereby grants to the Participant named Optionee an Option to purchase shares of Common Stock (the Option Shares) as provided in the Notice of Stock Award Notice. The exercise price at which the Option Grant in Part I of this Agreement (Participant), an option Shares may be purchased (the OptionOption Exercise Price) to purchase and the number vesting schedule of Shares the Option are set forth in the Notice Award Notice. The number and class of Stock Option Grantsecurities, at the vesting schedule and exercise price per Share share subject to this Option are subject to adjustment as set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in In the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in Optionee the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the Option) to purchase all or any part of the aggregate number of Shares shares of Common Stock set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant above (the Exercise Price), Option Shares) (such number being subject to adjustment as provided in Section 9 hereof) on the terms and subject to the terms and conditions of the Plan, which is incorporated herein by referenceset forth in this Agreement. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this This Option is not intended to qualify as be an Incentive Stock Option as defined in incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator Company on the Date of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant above granted to Participant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, ) the terms and conditions right to purchase from the Company all or part of the Plan shall prevailNumber of Shares stated above (the "Option"). If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option This Agreement is not intended to qualify as be, and shall not be treated as, an Incentive Stock Option incentive stock option as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d"), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant Optionee named in the this Notice of Stock Option Grant in Part I of this Agreement (Participantthe "Optionee"), an option (the "Option") to purchase the number of Shares shares (the "Shares") set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the "Exercise Price"), and subject to the terms and conditions of this Agreement and the Plan, which is are incorporated herein by reference. Subject to Except as set forth in Section 18 of the Plan2(c) below, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of Pursuant to the Plan, the Company hereby grants to the Participant named in Optionee as of the Notice date hereof the option to purchase all or any part of an aggregate of [Amount] shares of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions adjustment in accordance with Section 3(d) of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this The Option is not intended to qualify as an Incentive Stock Option as defined in incentive stock option under Section 422 422A of the Code. NeverthelessInternal Revenue Code of 1986, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOamended.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), Optionee an option (the Option) to purchase the total number of Shares shares of Common Stock of the Company (the Common Stock) set forth in above (the Notice of Stock Option Grant, Shares) at the exercise price per Exercise Price Per Share set forth in the Notice of Stock Option Grant above (the Exercise Price), and subject to all of the terms and conditions of this Agreement and the Plan, which is incorporated herein by reference. Subject to To the extent consistent with the requirements of Section 18 422 of the PlanInternal Revenue Code of 1986, in as amended (the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISOCode), this Option is intended to qualify as be an Incentive Stock incentive stock option, and to the extent the limitations of Section 422(d) of the Code are exceeded, this Option as defined in is intended to be a nonqualified stock option subject to the provisions of Section 422 83 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants and Lowerco (as applicable) grant to the Participant named in the Notice Optionee as of Stock Option Grant in Part I of this Agreement (Participant)August 12, 2005, an option (the Option) to purchase purchase, in whole or in part, on the terms provided herein and in the Plan, that total number of Shares Units, consisting of Class A Common shares, Class L Common shares and Lowerco Preferred shares as set forth in Schedule A (the Notice of Stock Option Grant, Shares) at the exercise aggregate price per Share set forth Unit of $18.00. The Option will vest and become exercisable in the Notice of Stock accordance with Section 3 below. The Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein evidenced by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option Agreement is intended to qualify be a non-qualified option and is granted to the Optionee in an Employment capacity as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOemployee.
Grant of Option. The Administrator of the Company hereby irrevocably grants to Employee the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the "Option") to purchase the number all or any part of Shares set forth in the Notice an aggregate of [Amount of Options], shares Common Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to on the terms and conditions of set forth herein and in the Plan, which Plan is incorporated herein by referencereference as a part of this Agreement. Subject to Section 18 of the Plan, in In the event of a any conflict between the terms of this Agreement and conditions of the Plan and this Option AgreementPlan, the terms and conditions of the Plan shall prevailcontrol. If designated Capitalized terms used but not defined in this Agreement shall have the Notice of Stock meaning attributed to such terms under the Plan, unless the context requires otherwise. This Option Grant shall not be treated as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 incentive stock option within the meaning of section 422(b) of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of Tigercat Pharma, Inc., a Delaware corporation (the Company "Company"), hereby grants to the Participant (the "Participant") named in the Notice of Stock Option Grant in Part I of this Agreement Award (Participantthe "Notice"), an option (the "Option") to purchase the number Total Number of Shares of Common Stock subject to the Option (the "Shares") set forth in the Notice of Stock Option GrantNotice, at the exercise price Exercise Price per Share set forth in the Notice of Stock Option Grant (the "Exercise Price), and ") subject to the terms and conditions provisions of the Notice, this Stock Option Award Agreement (the "Option Agreement") and the Company's 2011 Stock Incentive Plan, as amended from time to time (the "Plan"), which is are incorporated herein by reference. Subject to Section 18 of Unless otherwise defined herein, the Plan, terms defined in the event of a conflict between Plan shall have the terms and conditions of the Plan and same defined meanings in this Option Agreement, the terms and conditions of the Plan shall prevail. .If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO)Option, this the Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. NeverthelessHowever, notwithstanding such designation, the Option will qualify as an Incentive Stock Option under the Code only to the extent that it exceeds the $100,000 rule dollar limitation of Code Section 422(d), this Option shall be treated ) of the Code is not exceeded. The $100,000 limitation of Section 422(d) of the Code is calculated based on the aggregate Fair Market Value of the Shares subject to options designated as a Nonstatutory Incentive Stock Option Options which become exercisable for the first time by the Participant during any calendar year (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent under all plans of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option Company). For purposes of this calculation, Incentive Stock Options shall be taken into account in the order in which they were granted, and the Fair Market Value of the shares subject to qualify for any reason such options shall be determined as an ISOof the grant date of the relevant option.
Grant of Option. The Administrator of the Company hereby grants to Grantee, as of the Participant named in Grant Date, the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (hereinafter called the "Option") to purchase all or any part of an aggregate of [Number of Options Granted] shares of the number Class A common stock of Shares set forth in the Notice of Stock Option GrantCompany, par value $0.001 per share (the "Common Shares"), at the exercise price of $[Grant Price] per Share set forth in the Notice of Stock Option Grant share (the Exercise "Option Price"), and subject to on the terms and conditions set forth in this Agreement, which price is equal to or greater than the fair market value of a Common Share on the Grant Date (or the last trading day prior to the Grant Date, if the Grant Date was not a trading day). The Option Price is subject to adjustment as provided in this Agreement and the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this The Option is intended to be an incentive stock option (an "ISO") within the meaning of the Internal Revenue Code of 1986, as amended, and regulations thereunder (the "Code") to the full extent permitted under the provisions of the Code; provided that any portion of the Option that is not eligible to be an ISO under the Code shall be a non-statutory stock option that does not qualify as an Incentive Stock Option as defined in Section 422 "incentive stock option" within the meaning of the Code. NeverthelessGrantee understands, acknowledges, agrees and hereby stipulates that to the extent that it the aggregate fair market value (as determined by the Company in its sole and absolute discretion for any reason or no reason at any time and from time to time as of the Grant Date) of the Common Shares with respect to which all ISOs are exercisable for the first time by Grantee during any calendar year exceeds the one-hundred thousand dollars ($100,000 rule of Code 100,000), in accordance with Section 422(d)) of the Code, this Option such options, including without limitation, all or a portion of the Option, shall be treated as a Nonstatutory Stock options that do not qualify as ISOs.Notwithstanding anything in the Plan to the contrary, this Agreement and the Option granted hereunder shall be null and void and of no further force and effect unless and until the Grantee shall have accepted and acknowledged this Agreement within thirty (NSO30) days after the Grant Date by following the current procedures implemented by the Company's administrator for the Plan (the "Administrator"). Further, if as such Administrator and procedures are designated by the Company in its sole and absolute discretion for any reason this Option (or portion thereof) shall not qualify as an ISO, then, no reason from time to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.time.2.Duration and Exercisability
Grant of Option. The Administrator Company grants to the Option Holder the right and option to purchase on the terms and conditions hereinafter set forth, all or any part of an aggregate of four thousand (4,000) shares of the Common Stock of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise purchase price of $ per Share set forth share, exercisable from time to time in accordance with the Notice provisions of Stock Option Grant this Agreement during a period expiring on the tenth anniversary of the date of this Agreement or such later date as may result from the application of SS6 (the Exercise PriceExpiration Date), and . This Option is also subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, early termination in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOaccordance with SS5.
Grant of Option. The Administrator Pursuant to the terms and conditions of this Option Agreement and the Plan (which is incorporated herein by reference), the Company hereby grants to the Participant named Optionee an Option to purchase shares of Common Stock (the "Option Shares") as provided in the Notice of Stock Award Notice. The exercise price at which the Option Grant in Part I of this Agreement (Participant), an option Shares may be purchased (the Option"Option Exercise Price") to purchase and the number vesting schedule of Shares the Option are set forth in the Notice Award Notice. The number and class of Stock Option Grantsecurities, at the vesting schedule and exercise price per Share share subject to this Option are subject to adjustment as set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in In the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of Pursuant to the Grant Notice, the Company hereby grants has granted to the Participant named Optionee the right and option to purchase, subject to the terms and conditions set forth in the Notice this Agreement, all or any part of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in on the Grant Notice of Stock Option Grant, at a purchase price per Share equal to the exercise price per Share set forth in on the Grant Notice. If the Grant Notice indicates (under Type of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and Option) that this Option Agreementis an ISO, then this Option is intended by the terms Company and conditions of the Plan shall prevailOptionee to be an Incentive Stock Option. If designated in However, if the Grant Notice of Stock indicates that this Option Grant as is a NQSO, then this Option is not intended to be an Incentive Stock Option (ISO), this Option and is instead intended to qualify as an Incentive be a Nonqualified Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOOption.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject Subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms Company hereby grants to Optionee the right and conditions option to purchase from the Company all or part of an aggregate of thirty-five thousand (35,000) shares of Common Stock. This option is not intended to constitute an incentive stock option within the meaning of Section 422A of the Plan shall prevail. If designated in Internal Revenue Code of 1986, as amended (the Notice of Stock Option Grant as an Incentive Stock Option (ISO"Code"), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to Optionee the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the Option) to purchase all or any part of the aggregate number of Shares shares of common stock of the Company set forth in above (the Notice of Stock Option GrantShares), at the exercise price Option Price per Share set forth in the Notice of Stock Option Grant (the Exercise Price)above, and subject to on the terms and conditions of the Plan, which is incorporated herein by referenceset forth in this Agreement. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this The Option is not intended to qualify as be an Incentive Stock Option as defined in incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants on the Date of Grant to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase shares of Common Stock (such shares of Common Stock, the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise PriceShares), and subject to on the terms and conditions of set forth in this Agreement and as otherwise provided in the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this The Option is not intended to qualify as an Incentive Stock Option as defined in incentive stock option within the meaning of Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in attached as Part I of this Award Agreement (the Participant), ) an option (the Option) to purchase the number of Shares Shares, as set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to all of the terms and conditions of in this Award Agreement and the Plan, which is incorporated herein by reference. Subject to Section 18 19 of the Plan, in the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Option Award Agreement, the terms and conditions of the Plan shall will prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in ISO under Section 422 of the Internal Revenue Code of 1986, as amended (the Code). NeverthelessHowever, if this Option is intended to be an ISO, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall ) it will be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall will not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall will the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant Optionee named in the Notice of Stock Option Grant in Part I of this Agreement (Participantthe "Optionee"), an option (the "Option") to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the "Exercise Price"), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject The Exercise Price is equal to Section 18 or greater than the Fair Market Value of the Plan, in Shares on the Date of Grant. In the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option ("ISO"), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option ("NSO"). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of Pursuant to the Grant Notice, the Company hereby grants has granted to the Participant named in Optionee the Notice of Stock Option Grant in Part I of this Agreement (Participant)right and option to purchase, an option (subject to the Option) to purchase the number of Shares terms and conditions set forth in the Plan and this Agreement, all or any part of the number of shares of the Common Stock of the Company set forth on the Grant Notice of Stock Option Grant, at a purchase price per share equal to the exercise price per Share set forth in on the Grant Notice. If the Grant Notice indicates (under Type of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and Option) that this Option Agreementis an ISO, then this Option is intended by the terms Company and conditions of Optionee to be an Incentive Stock Option. However, if the Plan shall prevail. If designated in the Grant Notice of Stock indicates that this Option Grant as is a NQSO, then this Option is not intended to be an Incentive Stock Option (ISO), this Option and is instead intended to qualify as an Incentive be a Nonqualified Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOOption.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the this Option) to purchase the total number of Shares shares of Common Stock of the Company set forth in above as Total Option Shares (the Notice of Stock Option Grant, Shares) at the exercise price per Exercise Price Per Share set forth in the Notice of Stock Option Grant above (the Exercise Price), and subject to all of the terms and conditions of this Agreement and the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO)above, this the Option is intended to qualify as an Incentive Stock Option as defined in incentive stock option (an ISO) within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this although the Company makes no representation or guarantee that such Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not will qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), Optionee an option (the Option) to purchase all or any portion of a total of ( ) shares (the number Shares) of Shares set forth in the Notice Common Stock of Stock Option Grant, the Company at the exercise a purchase price of ($ ) per Share set forth in the Notice of Stock Option Grant share (the Exercise Price), and subject to the terms and conditions set forth herein and the provisions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an box marked Incentive Stock Option (ISO)above is checked, then this Option is intended to qualify as an Incentive Stock Option incentive stock option as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the Code). NeverthelessIf this Option fails in whole or in part to qualify as an incentive stock option, to or if the extent that it exceeds the $100,000 rule of Code Section 422(d)box marked Nonqualified is checked, then this Option shall be treated as to that extent constitute a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOnonqualified stock option.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the Option) to purchase purchase, on the terms and conditions hereinafter set forth, the number of Shares set forth in on the Notice of Stock Option GrantNotice, at the exercise price per Share subject to adjustment as set forth in the Notice Plan. The purchase price of Stock Option Grant (the Exercise Price), and Shares subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this the Option Price) shall be as set forth on the Notice. The Option is intended to qualify be a non-qualified stock option, and as such is not intended to be treated as an Incentive Stock Option as defined in option that complies with Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company Board hereby grants to the Participant Optionee (the Optionee) named in the Notice of Stock Option Grant in Part I section of this Agreement (Participantthe Notice of Grant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, Plan (which is incorporated herein by reference) and this Option Agreement. Subject to Section 18 of the Plan, in In the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Grant Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in under Section 422 of the Code. NeverthelessHowever, if this Option is intended to be an Incentive Stock Option, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option ) it shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator Subject to the other terms of the Company hereby grants Plan, the Committee (or, as expressly permitted by Section 3, the Chief Executive Officer) shall, in its discretion as reflected by the terms of the applicable Award Agreement: (i) determine and designate from time to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) time those Eligible Persons to purchase whom Options are to be granted and the number of Shares set forth in the Notice of to be optioned to each Eligible Person; (ii) determine whether to grant Incentive Stock Option GrantOptions or to grant Non-Qualified Stock Options, at the exercise price per Share set forth in the Notice of Stock Option Grant or both (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this extent that any Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to does not qualify as an Incentive Stock Option as defined Option, it shall constitute a separate Non-Qualified Stock Option); provided that Incentive Stock Options may only be granted to employees; (iii) determine the time or times when and the manner and condition in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this which each Option shall be treated exercisable and the duration of the exercise period; (iv) designate each Option as one intended to be an Incentive Stock Option or as a Nonstatutory Non-Qualified Stock Option Option; and (NSO). Further, if for any reason this Option (v) determine or portion thereof) shall not qualify as an ISO, then, impose other conditions to the extent grant or exercise of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted Options under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason Plan as an ISOit may deem appropriate.
Grant of Option. The Administrator Pursuant to, and subject to, the terms and conditions set forth herein and in the Plan, the Board of the Company Directors hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an incentive stock option (the Option) with respect to purchase the number 5,000 shares of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions common stock of the PlanCompany, which is incorporated herein by referencepar value $0.01 per share (Common Stock). Subject to Section 18 The Option does not constitute an incentive stock option within the meaning of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. NeverthelessCode section 422, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted allowed under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOPlan and applicable law.
Grant of Option. The Subject to the other terms of the Plan, the Administrator shall, in its discretion as reflected by the terms of the applicable Grant Letter: (i) determine and designate from time to time those eligible employees, Directors and consultants of the Company hereby grants and its Subsidiaries to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) whom Options are to purchase be granted and the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant to be optioned to each employee and consultant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an provided that Incentive Stock Option Options may only be granted to employees); (ISO), this Option is intended to qualify as an Incentive Stock Option as defined ii) determine the time or times when and the manner and condition in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this which each Option shall be treated as a Nonstatutory Stock Option exercisable and the duration of the exercise period; and (NSO). Further, if for any reason this Option (iii) determine or portion thereof) shall not qualify as an ISO, then, impose other conditions to the extent grant or exercise of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted Options under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason Plan as an ISOit may deem appropriate.
Grant of Option. The Administrator of the Company hereby grants to Participant on the Participant named in date set forth above (the Notice Date of Stock Option Grant in Part I of this Agreement (ParticipantGrant), an the right and option (the Option) to purchase all or portions of an aggregate of ( ) shares of Common Stock at a per share price of $ on the number of Shares terms and conditions set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price)herein, and subject to the terms and conditions adjustment pursuant to Section 14 of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this This Option is intended to qualify as be an Incentive Stock Option as defined in incentive stock option within the meaning of Section 422 422, or any successor provision, of the Internal Revenue Code of 1986, as amended (the Code. Nevertheless), and the regulations thereunder, to the extent that it exceeds the $100,000 rule of permitted under Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator Participant is hereby granted an Incentive Stock Option, within the meaning of Code Section 422 (the "Option"), to purchase Common Stock of the Company hereby grants pursuant to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall The number of shares as to which the AdministratorOption is granted, the Company or any Parent or Subsidiary or any purchase price per share, and the expiration date of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the such Option to qualify for any reason as an ISO.are set forth below:
Grant of Option. The Administrator of the Company hereby grants to the Participant named in Participant, as of the Notice of Grant Date specified above, a Nonqualified Stock Option Grant in Part I of (this Agreement (Participant), an option (the Option) to purchase acquire from the Company at the Per Share Exercise Price specified above, the aggregate number of Shares set forth in the Notice shares of Common Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant specified above (the Exercise PriceOption Shares), and subject to the terms and conditions of . Except as otherwise provided by the Plan, which is incorporated herein by reference. Subject to Section 18 of the PlanParticipant agrees and understands that nothing contained in this Agreement provides, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option or is intended to qualify as an Incentive Stock Option as defined in Section 422 provide, the Participant with any protection against potential future dilution of the CodeParticipants interest in the Company for any reason. Nevertheless, The Participant shall have no rights as a stockholder with respect to the extent that it exceeds the $100,000 rule any shares of Code Section 422(d), Common Stock covered by this Option unless and until the Participant has become the holder of record of such shares, and no adjustments shall be treated made for ordinary dividends in cash or other property, distributions or other rights in respect of any such shares, except as a Nonstatutory Stock Option (NSO). Further, if otherwise specifically provided for any reason in the Plan or this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOAgreement.
Grant of Option. The Administrator of the Company hereby grants to Participant on the Participant named in date set forth above (the Notice "Date of Stock Option Grant in Part I of this Agreement (ParticipantGrant"), an the right and option (the "Option") to purchase all or portions of an aggregate of ( ) shares of Common Stock at a per share price of $ on the number of Shares terms and conditions set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price)herein, and subject to the terms and conditions adjustment pursuant to Section 14 of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this This Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall a nonqualified stock option and will not be treated as a Nonstatutory Stock Option (NSO). Furtheran incentive stock option, if for any reason this Option (or portion thereof) shall not qualify as an ISOdefined under Section 422, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure successor provision, of the Option to qualify for any reason Internal Revenue Code of 1986, as an ISOamended (the "Code"), and the regulations thereunder.
Grant of Option. The Administrator of the Company hereby grants to you and you hereby accept, effective as of the Participant named in date shown on the Notice of Stock Option Grant in Part I (the Date of this Agreement (ParticipantGrant), an option (and on the Option) terms and subject to purchase the number of Shares conditions, limitations and restrictions set forth in the Notice Plan and in this Agreement, an Option to purchase all or any portion of Stock Option Grant, at the exercise price per Share set forth in number of shares shown on the Notice of Stock Option Grant for the per share price shown on the Notice of Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, You must accept this Option Award in the event of a conflict between manner designated by the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated Company in the Notice of Stock Option Grant (e.g. electronic acceptance) not later than 90 days after the Date of Grant, or electronic notification of such Grant, whichever occurs later, or this Award will be rendered void and without effect. Once accepted as an Incentive Stock Option (ISOprovided above, but subject to the provisions of Sections 2(c), 2(d), 4 and 7 hereof, this Option Award of Options is irrevocable and is intended to qualify as an Incentive Stock Option as defined conform in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under all respects with the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject Subject to the terms and conditions of this Agreement and the Plan, which is incorporated herein by reference. Subject the Company hereby grants to Section 18 Optionee the right and option to purchase from the Company all or part of the Plan, in number of shares of Common Stock as set forth on the event of a conflict between Companys online electronic list as being granted to the terms and conditions Optionee effective as of the Plan and this Option Agreement, date shown on the terms and conditions Companys online electronic list as being the date of grant to the Plan shall prevailOptionee (the Grant Date). If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option This option is not intended to qualify as constitute an Incentive Stock Option as defined in incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to Employee, as of the Participant named in Grant Date, the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (hereinafter called the Option) to purchase all or any part of an aggregate of [Number of Options Granted] shares of the number Class A Common Stock of Shares set forth in the Notice of Stock Option GrantCompany, par value $0.001 per share (the Common Shares), at the exercise price of $[Grant Price] per Share set forth in the Notice of Stock Option Grant share (the Exercise Option Price), and subject to on the terms and conditions set forth in this Agreement, which price was equal to or greater than the fair market value of a Common Share on the Grant Date (or the last trading day prior to the Grant Date, if the Grant Date was not a trading day). The Option Price is subject to adjustment as provided in this Agreement and the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this [The Option is intended to qualify as be an Incentive Stock Option as defined in Section 422 incentive stock option (an ISO) within the meaning of the Internal Revenue Code of 1986, as amended, and regulations thereunder (the Code).] Notwithstanding anything in the Plan to the contrary, this Agreement and the Options granted hereunder shall be null and void and of no further force and effect unless and until the Employee shall have accepted and acknowledged this Agreement within thirty (30) days after the Grant Date by following the then-current procedures implemented by the Companys administrator for the Plan (the Administrator), as such Administrator and procedures are designated by the Company in its sole and absolute discretion for any reason or no reason from time to time. Nevertheless[Employee understands, acknowledges, agrees and hereby stipulates that to the extent that it the aggregate fair market value (as determined by the Company in its sole and absolute discretion for any reason or no reason at any time and from time to time as of the time the Option was granted) of the Common Shares with respect to which all ISOs are exercisable for the first time by Employee during any calendar year exceeds the one-hundred thousand dollars ($100,000 rule of Code 100,000), in accordance with Section 422(d)) of the Code, this Option such options shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall options that do not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOISOs.]
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), Optionee an option (the Option) to purchase the total number of Shares shares of common stock, $0.0l par value, of the Company set forth in the Notice of Stock Option Grant, (Shares) at the exercise price per Share share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to all of the terms and conditions of this Agreement and the Companys 2002 Stock Option Plan, which is incorporated herein by reference. Subject as amended to Section 18 of the date hereof (Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail). If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO)in the Notice, this Option is intended to qualify as an Incentive Stock Option as defined in incentive stock option (ISO) within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (Revenue Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). FurtherUnless otherwise defined herein, if for any reason this Option (or portion thereof) capitalized terms used herein shall not qualify as an ISO, then, have the meanings ascribed to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under them in the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Plan Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), Optionee an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 14(c) of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants has granted to the Participant named in Optionee a non-qualified stock option for the Notice purchase of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth shares of common stock of the Company, par value $.01 per share (the Common Stock), specified in Appendix A hereto (the Notice of Stock Option GrantShares). Appendix A may be amended by the Company from time to time to reflect additional grants, at or the exercise price per Share set forth of an option, following the date hereof. Each option identified in Appendix A shall be subject to the Notice of Stock Option Grant (the Exercise Price), conditions hereinafter provided and subject to the terms and conditions of set forth in the Plan, a copy of which the Optionee acknowledges having received. (Each option identified in Appendix A is incorporated herein by reference. Subject hereinafter referred to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISOOption.), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the this Option) to purchase the total number of Shares shares of Common Stock of the Company set forth in the Notice of Stock Certificate as Total Option Grant, Shares (the Shares) at the exercise price per Exercise Price Per Share set forth in the Notice of Stock Option Grant Certificate (the Exercise Price), and subject to all of the terms and conditions of the PlanCertificate, which is incorporated herein by reference. Subject to Section 18 of this Agreement and the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO)in the Certificate, this the Option is intended to qualify as an Incentive Stock Option as defined in incentive stock option (an ISO) within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this although the Company makes no representation or guarantee that such Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not will qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of Pursuant to the Grant Notice, the Company hereby grants has granted to the Participant named Optionee the right and option to purchase, subject to the terms and conditions set forth in the Notice Plan and this Agreement, all or any part of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in on the Grant Notice of Stock Option Grant, at a purchase price per Share equal to the exercise price per Share set forth in on the Grant Notice. If the Grant Notice indicates (under Type of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and Option) that this Option Agreementis an ISO, then this Option is intended by the terms Company and conditions of Optionee to be an Incentive Stock Option. However, if the Plan shall prevail. If designated in the Grant Notice of Stock indicates that this Option Grant as is a NQSO, then this Option is not intended to be an Incentive Stock Option (ISO), this Option and is instead intended to qualify as an Incentive be a Nonqualified Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOOption.
Grant of Option. The Administrator of Yahoo! Inc., a Delaware corporation (the Company Company), hereby grants to the Participant optionee (the Optionee) named in the Notice of Performance Stock Option Grant in Part I to Executive (the Notice of this Agreement (ParticipantGrant), an option (the Option) to purchase the total number of Shares shares of Common Stock (the Shares) set forth in the Notice of Stock Option Grant, at the exercise price per Share share set forth in the Notice of Stock Option Grant (the Exercise Price), and ) subject to the terms terms, definitions and conditions provisions of the 1995 Stock Plan, as amended (the Plan), adopted by the Company, which is incorporated herein in this Performance Stock Option Agreement (this Agreement) by reference. Subject to Section 18 of the Plan, in In the event of a conflict between the terms and conditions of the Plan and the terms of this Option Agreement, the terms and conditions of the Plan shall prevailgovern. Unless otherwise defined in this Agreement, capitalized terms used in this Agreement shall have the definitions set forth in the Plan. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO)in the Notice of Grant, this Option is intended to qualify as an Incentive Stock Option incentive stock option as such term is defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of Stock Option Award (the Company hereby grants "Award") granted by Voice Life Inc. (the "Company") to the Participant named Grantee specified in the Notice of Grant of [Incentive/NonQualified] Stock Option Grant in Part I of this Agreement (Participant), an option Award (the Option"Notice") to purchase the number of Shares set forth in the Notice which these Terms and Conditions of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant Award (the Exercise Price)"Terms") are attached, and is subject to the terms and conditions of the Plan, which is incorporated herein by referencethe Notice, and these Terms. Subject to Section 18 of the Plan, in the event of a conflict between the The terms and conditions of the Plan are incorporated by reference in their entirety into these Terms (the Plan is available upon request). Together, the Notice, all Exhibits to the Notice and these Terms constitute the "Agreement." When used in this Option Agreement, the terms and conditions of which are defined in the Plan shall prevailhave the meanings given to them in the Plan, as modified herein (if applicable). For purposes this Agreement, any reference to the Company shall include a reference to any Affiliate. The Board has approved an award of an Options to the Grantee with respect to a number of shares of the Company's Common Stock as set forth in the Notice, conditioned upon the Grantee's acceptance of the provisions set forth in the Notice and these Terms within 60 days after the Notice and these Terms are presented to the Grantee for review. If designated in the Notice of Stock Option Grant as an Incentive Stock Option ("ISO"), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule Option fails to meet the requirements of Code an ISO under Section 422(d)422 of the Code, this Option shall be treated as a Nonstatutory Nonqualified Stock Option ("NSO"). The Company intends that this Option not be considered to provide for the deferral of compensation under Section 409A and that this Agreement shall be so administered and construed. Further, if for any reason the Company may modify the Plan and this Option (or portion thereof) shall not qualify as an ISO, then, Award to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability necessary to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOfulfill this intent.
Grant of Option. The Administrator of the Company hereby grants to Participant the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant)right, an privilege, and option (the Option) to purchase up to ( ) shares (the number Option Shares) of Shares the Companys Common Stock, according to the terms and subject to the conditions hereinafter set forth and as set forth in the Notice of Stock Option Grant, at the exercise Plan. [The per share price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein be paid by reference. Subject to Section 18 of the Plan, Participant in the event of a conflict between the terms and conditions an exercise of the Plan and this Option Agreementshall be Dollars ($ ) OR: Because Participant owns stock possessing more than ten percent (10%) of the total combined voting power of all classes of stock of the Company or its Parent or any Subsidiary, the terms and conditions per share price to be paid by Participant in the event of an exercise of the Plan Option shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option be Dollars (ISO$ ), which is not less than one hundred ten percent (110%) of the fair market value of the Companys Common Stock at the date of grant of this Option.] The Option is intended to qualify as be an Incentive Stock Option incentive stock option, as defined in Section 422 of the Internal Revenue Code as amended (the Code. Nevertheless), to the extent that it exceeds the $100,000 rule of Code permitted by Section 422(d), this Option shall ) of the Code. Shares granted in excess of the 422(d) limit will be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOnonqualified stock option.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in Participant, as of the Notice of Grant Date specified above, a Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase acquire from the Company at the Per Share Exercise Price specified above, the aggregate number of Shares set forth in the Notice shares of Common Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant specified above (the Exercise PriceOption Shares), and subject to the terms and conditions of . Except as otherwise provided by the Plan, which is incorporated herein by reference. Subject to Section 18 of the PlanParticipant agrees and understands that nothing contained in this Agreement provides, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option or is intended to qualify as an Incentive Stock Option as defined in Section 422 provide, the Participant with any protection against potential future dilution of the CodeParticipants interest in the Company for any reason. NeverthelessThe Participant shall have no rights as a stockholder with respect to any shares of Common Stock covered by the Option unless and until the Participant has become the holder of record of such shares, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option and no adjustments shall be treated made for dividends in cash or other property, distributions or other rights in respect of any such shares, except as a Nonstatutory Stock Option (NSO). Further, if otherwise specifically provided for any reason in the Plan or this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOAgreement.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in Participant, as of the Notice of Stock Option Grant in Part I of this Agreement (Participant)Date specified above, an a non-qualified stock option (the this "Option") to purchase acquire from the Company at the Per Share Exercise Price specified above, the aggregate number of Shares set forth in the Notice shares of Common Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant specified above (the Exercise Price"Option Shares"), and subject to the terms and conditions of . Except as otherwise provided by the Plan, which is incorporated herein by reference. Subject to Section 18 of the PlanParticipant agrees and understands that nothing contained in this Agreement provides, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option or is intended to qualify as an Incentive Stock Option as defined in Section 422 provide, the Participant with any protection against potential future dilution of the CodeParticipant's interest in the Company for any reason. Nevertheless, The Participant shall have no rights as a stockholder with respect to the extent that it exceeds the $100,000 rule any shares of Code Section 422(d), Common Stock covered by this Option unless and until the Participant has become the holder of record of the shares, and no adjustments shall be treated made for dividends in cash or other property, distributions or other rights in respect of any such shares, except as a Nonstatutory Stock Option (NSO). Further, if otherwise specifically provided for any reason in the Plan or this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOAgreement.
Grant of Option. The Administrator In accordance with the Plan, and effective as of the Company hereby grants to the Participant named Date of Grant specified in the Grant Notice (the "Date of Stock Option Grant in Part I of this Agreement (ParticipantGrant"), an option (the Option) Company granted to purchase the number of Shares set forth in the Notice of Stock Option GrantParticipant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the PlanPlan and these Terms and Conditions, which is incorporated herein by reference. Subject the right and option to Section 18 purchase from the Company all or part of the Plan, number of shares of Common Stock specified in the event of a conflict between Grant Notice (the terms and conditions of "Option") at the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated option price specified in the Grant Notice of Stock (the "Option Grant as an Incentive Stock Option (ISOPrice"), this . This Option is intended to qualify as not an Incentive Stock Option as defined in "incentive stock option" under Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), This Option may be exercised in accordance with these Terms and Conditions. "Exercising" this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (means purchasing all or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure part of the shares of Common Stock specified in the Grant Notice at the Option to qualify for any reason as an ISOPrice.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Grant has been granted an Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase for the number of Shares set forth in the Notice of Stock Option Grant, Grant at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in In the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in under Section 422 of the Code. NeverthelessHowever, if this Option is intended to be an Incentive Stock Option, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option ) it shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to Participant the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the "Option") to purchase the an aggregate number of Shares shares set forth on Schedule I hereof beside the caption "Number of Optioned Shares" (such number being subject to adjustment as provided in Section 9.6 of the Notice Plan) of the Common Stock Option Grant, at of the exercise price per Share set forth in the Notice of Stock Option Grant Company (the Exercise Price), and subject to "Optioned Shares") on the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevailset forth. If designated in the Notice of Stock Option Grant on Schedule I hereof as an Incentive Stock Option (ISO)Option, this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), and this Option Agreement shall be treated as a Nonstatutory Stock Option (NSO)interpreted accordingly. Further, if for any reason By execution of this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the AdministratorAgreement, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to accepts the failure grant of the Option to qualify for any reason as an ISOOption.
Grant of Option. The Administrator On behalf of the Company Company, the Board hereby grants to the Participant named in the Notice of Stock Optionee an Option Grant in Part I of this Agreement (Participant)to purchase, an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Planthis Agreement, which is incorporated herein by reference. Subject to Section 18 that number of Shares of the Plan, Company set forth in the event Notice of a conflict between Grant (the Optioned Shares), at an exercise price per share equal to the Exercise Price set forth in the Notice of Grant, subject to the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this The Option is intended to qualify be a Non-Qualified Stock Option, meaning that it is not qualified as an Incentive Stock Option as defined described in Section 422 of the Internal Revenue Code of 1986 (Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOamended.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject Subject to the terms and conditions hereof, the Corporation hereby grants to the Optionee an option to purchase from the Corporation up to, but not exceeding in the aggregate, the number of shares of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, Corporation's Common Stock detailed in the event of a conflict between accompanying Notice at the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If price per share designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option Notice. This option is not intended to qualify as constitute an Incentive Stock Option as defined in "incentive stock option" within the meaning of Section 422 of the Internal Revenue Code ("Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d"), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Grant has been granted an Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase for the number of Shares set forth in the Notice of Stock Option Grant, Grant at the exercise price per Share set forth in the Notice of Stock Option Grant (the "Exercise Price"), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in In the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option ("ISO"), this Option is intended to qualify as an Incentive Stock Option as defined in under Section 422 of the Code. NeverthelessHowever, if this Option is intended to be an Incentive Stock Option, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option ) it shall be treated as a Nonstatutory Stock Option ("NSO"). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of Subject to and upon the Company hereby grants terms and conditions set forth in this Agreement and the Plan, the Committee granted to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), Grantee an option (the Option) to purchase the number of Shares shares of Common Stock set forth on the Cover Page (subject to adjustment as provided in Section 4.2 of the Notice Plan), effective as of Stock Option Grant, at the exercise price per Share grant date set forth in on the Notice of Stock Option Grant Cover Page (the Exercise PriceGrant Date), and subject to the terms and conditions Grantee hereby accepts the grant of the Plan, which Option as set forth herein. The Option granted hereby is incorporated herein by reference. Subject not intended to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as constitute an Incentive Stock Option (ISO)Option, this Option is intended to qualify as an Incentive Stock Option as defined in within the meaning of Section 422 of the Code. NeverthelessInternal Revenue Code of 1986, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOamended.
Grant of Option. The Administrator of the Company hereby grants to the Participant named Administrator, in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), its sole discretion and subject to the terms and conditions of the Plan, may grant Options to any individual as a material inducement to the individual becoming an Employee, which is incorporated herein by referencegrant shall become effective only if the individual actually becomes an Employee. Subject to Section 18 of 6 and the Plan, in the event of a conflict between the other terms and conditions of the Plan and this Option AgreementPlan, the Administrator will have complete discretion to determine the number of Shares granted to any Employee. Each Option shall be evidenced by an Award Agreement (which may be in electronic form) that shall specify the exercise price, the expiration date of the Option, the number of Shares covered by the Option, any conditions to exercise the Option, and such other terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOin its discretion, shall determine.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), Optionee an option (the Option) to purchase the number of Shares shares of the Companys Common Stock set forth in below (the Notice of Stock Option GrantShares), at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price)below, and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, and upon the terms and conditions occurrence of the Plan shall prevail. If designated in the Notice of Stock Option Grant certain specified events, as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.follows:
Grant of Option. The Administrator of the Company hereby grants to the Participant named in Optionee the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the Option) to purchase the all or any part of an aggregate of such number of Shares (Option Shares) with a vesting start date (the Vesting Start Date) as set forth on the signature page hereto (subject to adjustment as provided in Section 7 of the GRD Holding I Corporation Stock Option Plan (the Plan)) on the terms and conditions set forth in this Agreement and in the Plan, a copy of which is being delivered to the Optionee concurrently herewith and is made a part hereof as if fully set forth herein. The grant shall be effective upon the execution of this Agreement by both parties hereto. Except as otherwise defined herein, capitalized terms used in this Agreement shall have the same definitions as set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this The Option is not intended to qualify as an Incentive Stock Option as defined in within the meaning of Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Plan Administrator of the Company hereby grants to the Participant Optionee named in the Notice of Stock Option Grant in Part I of this Agreement (Participantthe Optionee), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 10(e) of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to Participant on the Participant named in date set forth above (the Notice Date of Stock Option Grant in Part I of this Agreement (ParticipantGrant), an the right and option (the Option) to purchase all or portions of an aggregate of ( ) shares of Common Stock at a per share price of $ on the number of Shares terms and conditions set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price)herein, and subject to the terms and conditions adjustment pursuant to Section 12 of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this This Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall a nonqualified stock option and will not be treated as a Nonstatutory Stock Option (NSO). Furtheran incentive stock option, if for any reason this Option (or portion thereof) shall not qualify as an ISOdefined under Section 422, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure successor provision, of the Option to qualify for any reason Internal Revenue Code of 1986, as an ISOamended (the Code), and the regulations thereunder.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in Optionee the Notice of Stock Option Grant in Part I of this Agreement (Participant), an right and option (the Option) to purchase the all or any part of an aggregate of such number of Shares as is set forth in the Grant Notice (subject to adjustment as provided in Section 13 of the Deltek, Inc. 2007 Stock Option GrantIncentive and Award Plan (the Plan)) on the terms and conditions set forth in this Agreement and in the Plan, at a copy of which is being delivered to the exercise price per Share Optionee concurrently herewith and is made a part hereof as if fully set forth herein. Except as otherwise defined herein, capitalized terms used in this Agreement shall have the same definitions as set forth in the Notice of Stock Option Grant (the Exercise Price), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. If designated in the Notice of Stock Option Grant as an Incentive Stock Option (ISO), this The Option is not intended to qualify as an Incentive Stock Option as defined in within the meaning of Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Option Agreement (the "Participant"), an option (the "Option") to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the "Exercise Price"), and subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms and conditions of the Plan shall prevail. .If designated in the Notice of Stock Option Grant as an Incentive Stock Option ("ISO"), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds required by the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option ("NSO"). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a an NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.
Grant of Option. The Administrator of the Company hereby grants Option granted to the Participant named Optionee and described in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and is subject to the terms and conditions of the Plan, which is incorporated herein by referencereference in its entirety into these Terms and Conditions of Stock Option Award. Subject to Section 18 The Board of Directors of the Company has authorized and approved the 2008 Omnibus Incentive Plan (the "Plan"), which has been approved by the stockholders of the Company. The Committee has approved an award to the Optionee of a number of shares of the Company's common stock, conditioned upon the Participant's acceptance of the provisions set forth in the event of a conflict between Notice and these Terms and Conditions within 60 days after the terms Notice and conditions these Terms and Conditions are presented to the Optionee for review. For purposes of the Plan Notice and this Option Agreementthese Terms and Conditions, any reference to the terms and conditions of the Plan Company shall prevailinclude a reference to any Affiliate. If designated in the Notice of Stock Option Grant as an Incentive Stock Option ("ISO"), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule Option fails to meet the requirements of Code an ISO under Section 422(d)422 of the Code, this Option shall be treated as a Nonstatutory Non-Qualified Stock Option ("NSO"). The Company intends that this Option not be considered to provide for the deferral of compensation under Section 409A of the Code and that this Agreement shall be so administered and construed. Further, if for any reason the Company may modify the Plan and this Option (or portion thereof) shall not qualify as an ISO, then, Award to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability necessary to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISOfulfill this intent.
Grant of Option. The Administrator of the Company hereby grants to the Participant named in the Notice of Stock Option Grant in Part I of this Agreement (Participant), an option (the Option) to purchase the number of Shares set forth in the Notice of Stock Option Grant, at the exercise price per Share set forth in the Notice of Stock Option Grant (the Exercise Price), and subject Subject to the terms and conditions of the Plan, which is incorporated herein by reference. Subject to Section 18 of the Plan, in the event of a conflict between the terms and conditions of the Plan and this Option Agreement, the terms Company hereby grants to Optionee the right and conditions option to purchase from the Company all or part of an aggregate of one-hundred thousand (100,000) shares of Common Stock. This option is not intended to constitute an incentive stock option within the meaning of Section 422A of the Plan shall prevail. If designated in Internal Revenue Code of 1986, as amended (the Notice of Stock Option Grant as an Incentive Stock Option (ISO"Code"), this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. Nevertheless, to the extent that it exceeds the $100,000 rule of Code Section 422(d), this Option shall be treated as a Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) shall not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event shall the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.