Common use of Grant of Option Clause in Contracts

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 6 contracts

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

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Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] two hundred thousand (200,000) shares of Common Stock (the "Option Shares") of Common Stock (such number being subject to adjustment as provided in Paragraph 4 hereof) on the terms and conditions herein set forth in this Option Agreement and in the Planforth. This The Option is not intended to constitute an incentive a non-qualified stock option, as defined in Section 422 of option under the Internal Revenue Code of 1986, as amended (the "Code")amended.

Appears in 6 contracts

Samples: Non Qualified Stock Option Agreement (K Tel International Inc), Non Qualified Stock Option Agreement (K Tel International Inc), Non Qualified Stock Option Agreement (K Tel International Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an the aggregate amount number of [NUMBER OF OPTION SHARES] shares of common stock of the Company set forth above (the "Option Shares") of Common Stock ”), at the Option Price per Share set forth above, on the terms and conditions set forth in this Option Agreement and in the PlanAgreement. This The Option is not intended to constitute be an incentive stock option, as defined in ” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 5 contracts

Samples: Stock Option Agreement (Rimage Corp), Rimage Corporation Stock Option Agreement (Rimage Corp), Rimage Corporation Stock Option Agreement (Rimage Corp)

Grant of Option. The Subject to the terms and conditions of this Agreement, the Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") option to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] twenty-thousand (20,000) shares (the "Option Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the PlanStock. This Option option is not intended to constitute an incentive stock option, as defined in option within the meaning of Section 422 422A of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 5 contracts

Samples: Stock Option Agreement (Augme Technologies, Inc.), Stock Option Agreement (Augme Technologies, Inc.), Stock Option Agreement (Augme Technologies, Inc.)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an the aggregate amount number of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock set forth above (the “Option Shares”) (such number being subject to adjustment as provided in Section 9 hereof) on the terms and subject to the conditions set forth in this Option Agreement and in the PlanAgreement. This Option is not intended to constitute be an incentive stock option, as defined in ” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 5 contracts

Samples: Non Statutory Stock Option Agreement (Digital Angel Corp), Non Statutory Stock Option Agreement (Digital Angel Corp), Non Qualified Stock Option Award Agreement (Digital Angel Corp)

Grant of Option. The Pursuant to the Plan, the Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount the number of [NUMBER OF OPTION SHARES] shares of Common Stock set forth on the Signature Page (the "Option Shares") of Common Stock on the terms and conditions set forth in this ). The Option Agreement and in the Plan. This Option granted herein is not intended to constitute an incentive stock option, as defined in option and is subject to the provisions of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 4 contracts

Samples: Incentive Stock Option Agreement (Forward Air Corp), Noncompetition Agreement (Forward Air Corp), Employment Agreement (Forward Air Corp)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an the aggregate amount number of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock set forth above (the “Option Shares”) (such number being subject to adjustment as provided in Section 8 hereof) on the terms and subject to the conditions set forth in this Option Agreement and in the PlanAgreement. This Option is not intended to constitute be an incentive stock option, as defined in ” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 4 contracts

Samples: Qualified Stock Option Agreement (Digitiliti Inc), Qualified Stock Option Agreement (Digitiliti Inc), Non Statutory Stock Option Agreement (Mathstar Inc)

Grant of Option. The Subject to the terms contained herein and in the Option Plan, the Company hereby grants to the Optionee as of the date set forth above, the right and Option (hereinafter option, herein called the "Option") ," to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 400,000 shares of Common Stock (the herein "Option Shares") of Common Stock on the terms and conditions set forth in this ). The Option Agreement and in the Plan. This Option is not intended to constitute an incentive shall be a "non-qualified stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the ."Code").

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Heartsoft Inc), Non Qualified Stock Option Agreement (Heartsoft Inc), Non Qualified Stock Option Agreement (Heartsoft Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 5,000 shares of the authorized and unissued $.10 par value common stock of the Company (the "Option Shares") of Common Stock on pursuant to the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")Agreement.

Appears in 3 contracts

Samples: Stock Option Agreement (Double Eagle Petroleum Co), Stock Option Agreement (Double Eagle Petroleum Co), Stock Option Agreement (Double Eagle Petroleum Co)

Grant of Option. The Company hereby grants to the Optionee Employee the right and Option (hereinafter called the "Option") option to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 250,000 shares (of the "Option Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the Planherein ("Option"). This The Option is a non-qualified stock option not intended to constitute an incentive stock option, as defined in Section 422 qualify under any section of the Internal Revenue Code of 1986, as amended (the "Code")amended, and is not granted under any plan.

Appears in 3 contracts

Samples: Acceleration Options (Parkervision Inc), Stock Option Agreement (Parkervision Inc), Acceleration Options (Parkervision Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares of the Common Stock of the Company (the "Option Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan”). This The Option is not intended to constitute be an incentive stock option, as defined in Section 422 of the Internal Revenue Code and is subject to the $100,000 limitation described in Section 4(b) of 1986, as amended (the "Code")Plan.

Appears in 3 contracts

Samples: Incentive Stock Option Agreement (Angeion Corp/Mn), Incentive Stock Option Agreement (Angeion Corp/Mn), Incentive Stock Option Agreement (Angeion Corp/Mn)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") to purchase from the Company all Two Hundred Thousand (200,000) shares (the “Option Shares”) of the Common Stock of the Company, or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock such number, on the terms and conditions herein set forth in this forth. It is intended that the Option Agreement and in shall constitute a nonqualified stock option@ within the Plan. This Option is not intended to constitute an incentive stock option, as defined in meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 3 contracts

Samples: Employee Non Disclosure and Non Compete Agreement, Employee Non Disclosure and Non Compete Agreement (Dais Analytic Corp), Agreement (Dais Analytic Corp)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (of the "Option Shares") of Common Stock of the Company on the terms and conditions herein set forth in this Option Agreement and in the Planforth. This Option is grant does not intended to constitute qualify as an incentive stock option, as defined in option under Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")amended.

Appears in 3 contracts

Samples: Non Qualified (Arctic Cat Inc), Stock Option Agreement (Arctic Cat Inc), Stock Option Agreement (Arctic Cat Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from an aggregate of 1,000,000 shares of the common stock of the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option SharesStock") of Common Stock (such number being subject to adjustment as set forth herein) on the terms and conditions herein set forth in this Option Agreement and in the Planforth. This Option may be exercised in whole or in part and from time to time as hereinafter provided. The Option granted under this Agreement is not intended to constitute be an "incentive stock option, " as defined set forth in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (CV Sciences, Inc.), Non Qualified Stock Option Agreement (CV Sciences, Inc.), Non Qualified Stock Option Agreement (CV Sciences, Inc.)

Grant of Option. The As of the Grant Date, the Company hereby grants to the Optionee a nonqualified stock option (the right and Option (hereinafter called the "Option") to purchase from the Company all (or any part part) of an aggregate amount of [NUMBER OF OPTION SHARES] twenty thousand (20,000) shares (the "Option Shares") of Common Stock (the “Shares”) on the terms and conditions hereinafter set forth in this Option Agreement and in the Planforth. This The Option is not intended to constitute be treated as an incentive stock option, as defined in option under Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 3 contracts

Samples: Insight Health Services Holdings Corp. Stock Option Agreement (Syncor Diagnostics Bakersfield, LLC), Insight Health Services Holdings Corp. Stock Option Agreement (Insight Health Services Holdings Corp), Insight Health Services (Insight Health Services Holdings Corp)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") option to purchase from the Company all or any part of an the aggregate amount number of [NUMBER OF OPTION SHARES] shares of Common Stock set forth above (the "Option Shares") of Common Stock (such number being subject to adjustment as provided in paragraph 8 hereof) on the terms and conditions set forth in this Option Agreement and in the PlanAgreement. This Option option is not intended to constitute be an "incentive stock option, as defined in Section " within the meaning of section 422 of the Internal Revenue Code of 1986, as amended (the "Code")amended.

Appears in 3 contracts

Samples: Nonqualified Stock Option Agreement (Acres Gaming Inc), Nonqualified Stock Option Agreement (Acres Gaming Inc), Nonqualified Stock Option Agreement (Acres Gaming Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option an option (hereinafter called the "Option") to purchase from the Company all or any part a total of an aggregate amount of [NUMBER OF OPTION SHARES] One Hundred Ten Thousand (110,000) shares (the "Option Shares") of its common stock (the "Common Stock on Stock"), subject to the terms and conditions set forth in this Option Agreement and in the Planherein. This Option The number of Shares is not intended subject to constitute an incentive stock option, as defined in adjustment pursuant to Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")7 hereof.

Appears in 2 contracts

Samples: Technology Corporation Stock Option Agreement (Roanoke Technology Corp), Technology Corporation Stock Option Agreement (Roanoke Technology Corp)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from an aggregate of 6,000,000 shares of the common stock of the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option SharesStock") of Common Stock (such number being subject to adjustment as set forth herein) on the terms and conditions herein set forth in this Option Agreement and in the Planforth. This Option may be exercised in whole or in part and from time to time as hereinafter provided. The Option granted under this Agreement is not intended to constitute be an "incentive stock option, " as defined set forth in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Mona Michael Joseph Jr), Non Qualified Stock Option Agreement (CV Sciences, Inc.)

Grant of Option. The Company hereby grants Subject to the Optionee the right and Option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock on upon the terms and conditions set forth in this Option Agreement and in herein, the Plan. This Option is not intended Company hereby grants to constitute Optionee an incentive stock option, as defined in Section 422 option to purchase up to 500,000 shares of the Internal Revenue Code of 1986, as amended Common Stock (the "CodeOptioned Shares")) from time to time during the option term. The Optioned Shares shall be entitled to any and all of the accompanying rights, warrants, or other benefits associated with the Common Stock in existence at the time which the Optionee elects to exercise such option.

Appears in 2 contracts

Samples: Stock Option Agreement (Alfa International Corp), Stock Option Agreement (Alfa International Corp)

Grant of Option. The Company hereby grants to the Optionee the right and Option a nonstatutory stock option (hereinafter called the "Option") to purchase from (subject to adjustment pursuant to Section 9 of the Plan) up to two hundred thousand (200,000) fully paid and nonassessable shares of the Common Stock of the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock on ), to be issued upon the terms and conditions exercise thereof, as set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")below.

Appears in 2 contracts

Samples: Stock Option Agreement (Pro Tech Communications Inc), Stock Option Agreement (Pro Tech Communications Inc)

Grant of Option. The Company Optionee is hereby grants to the Optionee granted the right and Option (hereinafter called the "Option") to purchase from the Company all or any part a total of an aggregate amount of [NUMBER OF OPTION SHARES] Two Hundred Fifty Thousand (250,000) shares (the "Option SharesStock") of the common stock, no par value, of the Corporation ("Common Stock on the terms and conditions set forth in this Option Agreement and in the PlanStock"). This The Option is not NOT intended by the parties hereto to constitute be, and shall NOT be treated as an incentive stock optionIncentive Stock Option, as such term is defined in under Section 422 of the Internal Revenue Code of 1986, as amended 1986 (the "Code").

Appears in 2 contracts

Samples: Stock Option Agreement (Mb Software Corp), Stock Option Agreement (Mb Software Corp)

Grant of Option. The Subject to the terms and conditions of the Plan and this Agreement, the Company hereby grants to the Optionee the right and Option an option (hereinafter called the "Option") to purchase from the Company all or any part of an the aggregate amount of [NUMBER OF OPTION SHARES] 2,000 shares of Common Stock (the "Option Optioned Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan). This The Option is not intended to constitute a non-qualified stock option and shall not be treated as an incentive stock option, as defined in option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")amended, or any successor provision thereto.

Appears in 2 contracts

Samples: Company 1995 Stock Option Plan Stock Option Agreement (Gehl Co), Stock Option Agreement (Gehl Co)

Grant of Option. The Subject to the terms contained herein, Company hereby grants to Employee as of the Optionee date set forth above, the right and Option (hereinafter option, herein called the "Option") ," to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] One Million Nine Hundred Sixty Five One Hundred Sixty Five (1,965,165) shares (of the "Option Shares") of Common Stock. The right to purchase the underlying shares shall constitute a Non-Qualified Stock on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock optionOption, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")Plan.

Appears in 2 contracts

Samples: Stock Option Agreement (Harolds Stores Inc), Stock Option Agreement (Staffieri Ronald S)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter hereafter called the this "Option") ), to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 250,000 shares (the "Option Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")herein.

Appears in 2 contracts

Samples: Stock Option Agreement (Siti-Sites Com Inc), Stock Option Agreement (Siti-Sites Com Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option Employee a non-qualified stock option (hereinafter called the "Option") to purchase from the Company all (or any part of) 60,000 (sixty thousand) shares of an aggregate amount of [NUMBER OF OPTION SHARES] shares Common Stock (the "Option Shares") of Common Stock ), on the terms and conditions hereinafter set forth in this Option Agreement and in the Planforth. This Option is not intended to constitute be treated as an incentive stock option, as defined in option under Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 2 contracts

Samples: Imclone Systems Incorporated (Imclone Systems Inc/De), Non Qualified Stock Option Agreement (Imclone Systems Inc/De)

Grant of Option. The Company hereby grants has granted to the Optionee the right and Option option (hereinafter called referred to as the "Option") to purchase from the Company time to time all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 5,000 shares (the "Option Shares") of the Common Stock Stock, $.001 par value, of the Company ("Common Stock") on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")Agreement.

Appears in 2 contracts

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

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part (but not as to a fractional share) of an the aggregate amount number of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock set forth above (the “Option Shares”) (such number being subject to adjustment as provided in Section 9 hereof) on the terms and subject to the conditions set forth in this Option Agreement and in the PlanAgreement. This Option is not intended to constitute be an incentive stock option, as defined in ” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 2 contracts

Samples: Consent Agreement (Bridgewater Bancshares Inc), Consent Agreement (Bridgewater Bancshares Inc)

Grant of Option. The Pursuant to and subject to the terms and conditions contained in this Agreement, the Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part number of an aggregate amount of [NUMBER OF OPTION SHARES] TWENTY-FIVE THOUSAND (25,000) shares of Common Stock (the "Option SharesStock") of Common Stock which may be authorized but unissued shares or shares acquired by the Company on the terms and conditions set forth open market or in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")private transactions.

Appears in 2 contracts

Samples: Stock Option Agreement (Fountain Powerboat Industries Inc), Stock Option Agreement (Fountain Powerboat Industries Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter hereafter called the this "Option") ), to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] fifty thousand (50,000) shares (the "Option Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")herein.

Appears in 2 contracts

Samples: Stock Option Agreement (Siti-Sites Com Inc), Stock Option Agreement (Siti-Sites Com Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 500,000 shares (the "Option Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the PlanStock. This The Option is in all respects limited and conditioned as hereinafter provided. It is intended that the Option granted hereunder be a nonqualified stock option (“NQSO”) and not intended to constitute an incentive stock option, option (“ISO”) as such term is defined in Section section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 2 contracts

Samples: Employment Agreement (Sontra Medical Corp), Employment Agreement (Sontra Medical Corp)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "OptionOPTION") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option SharesOPTION SHARES") of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "CodeCODE").

Appears in 2 contracts

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

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] one hundred fifteen thousand five hundred (115,500) shares of Common Stock (the "Option Shares") of Common Stock (such number being subject to adjustment as provided in Paragraph 4 hereof) on the terms and conditions herein set forth in this Option Agreement and in the Planforth. This The Option is not intended to constitute an incentive a non-qualified stock option, as defined in Section 422 of option under the Internal Revenue Code of 1986, as amended (the "Code")amended.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (K Tel International Inc), Non Qualified Stock Option Agreement (K Tel International Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from an aggregate of 300,000 shares of the authorized and unissued $0.001 par value common stock of the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares"“Stock”)(such number being subject to adjustment as set forth herein) of Common Stock on the terms and conditions herein set forth in this Option Agreement and in the Planforth. This Option is not intended may be exercised in whole or in part and from time to constitute an incentive stock option, time as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")hereinafter provided.

Appears in 2 contracts

Samples: Stock Option Agreement (Siberian Energy Group Inc.), Stock Option Agreement (Siberian Energy Group Inc.)

Grant of Option. The Company Corporation hereby grants to the Optionee the right and Option (hereinafter called the "Option") option to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares one hundred thousand (the "Option Shares"100,000) of Common Stock Shares (subject to adjustment as provided in Paragraph 6 hereof) on the terms and conditions set forth in this Option Agreement and in herein (the Plan"Option"). This The Optionee acknowledges that the Option is not intended to constitute an "incentive option" within the meaning of an "incentive stock option, as defined in option plan" and Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 2 contracts

Samples: Stock Option Agreement (Correctional Services Corp), Esmor Correctional Services (Correctional Services Corp)

Grant of Option. The Company hereby grants to the Optionee the right and Option --------------- option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 25,000 shares (the "Option Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the PlanStock, subject to adjustment as hereinafter provided. This The Option is not intended in all respects limited and conditioned as provided herein, and as it may be amended from time to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")time.

Appears in 2 contracts

Samples: Stock Option Agreement (Total Research Corp), Stock Option Agreement (Total Research Corp)

Grant of Option. The Company hereby irrevocably grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] up to two thousand shares (the "Option Shares"2,000) of Common Stock (the "Shares") on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")Agreement.

Appears in 2 contracts

Samples: Stock Option Agreement (Reconditioned Systems Inc), Stock Option Agreement (Reconditioned Systems Inc)

Grant of Option. The Company hereby irrevocably grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] up to two thousand five hundred shares (the "Option Shares"2,500) of Common Stock (the "Shares") on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")Agreement.

Appears in 2 contracts

Samples: Stock Option Agreement (Reconditioned Systems Inc), Stock Option Agreement (Reconditioned Systems Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock Company, on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute herein, an incentive stock option, as defined in Section 422 aggregate of the Internal Revenue Code 2,674,714 shares of 1986, as amended Common Stock (the "CodeOption Shares"). The Option shall vest and become exercisable in accordance with paragraph 3 below and shall terminate on October 1, 2009 if not sooner exercised.

Appears in 2 contracts

Samples: Stock Option Agreement (Oreilly Michael), Stock Option Agreement (Windswept Environmental Group Inc)

Grant of Option. The Company hereby grants to the Optionee Employee the right and Option option (hereinafter called the "Option") to purchase from an aggregate of __________ shares (such number being subject to adjustment as provided in Paragraph 10 hereof) of the Class A Common Stock of the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option SharesStock") of Common Stock on the terms and conditions herein set forth in this Option Agreement and in the Planforth. This Option is not intended may be exercised in whole or in part and from time to constitute an incentive stock option, time as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")hereinafter provided.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Citadel License Inc), Nonqualified Stock Option Agreement (Citadel License Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares Twenty-One Thousand Eight Hundred and Seventy-Five (the "Option Shares"21,875) of Common Stock Shares (subject to adjustment as provided in Paragraph 6 hereof), on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")herein.

Appears in 2 contracts

Samples: Stock Option Agreement (Activision Inc /Ny), Stock Option Agreement (Activision Inc /Ny)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") option to purchase from the Company all or any part of an the aggregate amount number of [NUMBER OF OPTION SHARES] shares of Common Stock set forth above (the "Option Shares") of Common Stock (such number being subject to adjustment as provided in paragraph 8 hereof) on the terms and subject to the conditions set forth in this Option Agreement and in the PlanAgreement. This Option option is not intended to constitute be an "incentive stock option, as defined in " within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")amended.

Appears in 2 contracts

Samples: Agreement (Golf Galaxy, Inc.), Agreement (Golf Galaxy, Inc.)

Grant of Option. The Company hereby grants to the Optionee the right and Option a nonstatutory stock option (hereinafter called the "Option") to purchase from (subject to adjustment pursuant to Section 9 of the Plan) up to two hundred fifty thousand (250,000) fully paid and nonassessable shares of the Common Stock of the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock on ), to be issued upon the terms and conditions exercise thereof, as set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")below.

Appears in 2 contracts

Samples: Stock Option Agreement (Pro Tech Communications Inc), Stock Option Agreement (Pro Tech Communications Inc)

Grant of Option. The Company hereby grants to Optionee, in the Optionee manner and, subject to the right conditions hereinafter provided, the right, privilege and Option option to purchase (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] Three Hundred and Seventy-Five Thousand (375,000) shares of the Company's common stock, $.001 par value, (the "Shares" or "Common Stock"). This Option Shares") of Common Stock is specifically conditioned on compliance with the terms and conditions set forth in this Option Agreement herein and in the Plan. This Company's 2000 Stock Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended Plan (the "Code"Plan).

Appears in 2 contracts

Samples: Agreement (Aremissoft Corp /De/), Agreement (Aremissoft Corp /De/)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") option to purchase from the Company all or any part of an the aggregate amount number of [NUMBER OF OPTION SHARES] shares of Common Stock set forth above (the "Option Shares") of Common Stock (such number being subject to adjustment as provided in paragraph 8 hereof) on the terms and subject to the conditions set forth in this Option Agreement and in the PlanAgreement. This Option option is not intended to constitute be an "incentive stock option, as defined in Section " within the meaning of section 422 of the Internal Revenue Code of 1986, as amended (the "Code")amended.

Appears in 2 contracts

Samples: Stock Option Agreement (Golf Galaxy, Inc.), Agreement (Golf Galaxy, Inc.)

Grant of Option. The Company hereby grants has granted to the Optionee the right and Option option (hereinafter called referred to as the "Option") to purchase from the Company time to time all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of the common stock, $.01 par value, of the Company (“Common Stock Stock”) on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")Agreement.

Appears in 1 contract

Samples: Newpark Resources (Newpark Resources Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an the aggregate amount number of [NUMBER OF OPTION SHARES] shares of common stock, $.01 par value per share, of the Company (“Common Stock”) set forth above (the "Option Shares") of Common Stock (such number being subject to adjustment as provided in Section 9 hereof) on the terms and subject to the conditions set forth in this Option Agreement and in the PlanAgreement. This Option is not intended to constitute be an incentive stock option, as defined in ” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Stock Option Agreement (Digital Angel Corp)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES10,000 or 20,000 (for annual grant)] [30,000 (for initial grant)] shares (the "Option Shares") of Common Stock Stock, on the terms and conditions set forth in this Option Agreement and in the Plan. This The Option is shall be treated as a non-statutory stock option and not intended to constitute as an incentive stock option, as defined in Section 422 ” within the meaning of section 422(b) of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Stock Option Agreement (Lexicon Pharmaceuticals, Inc./De)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 48,000 shares (of the "Option Shares") of Common Stock of the Company on the terms and conditions herein set forth in this forth. It is intended that the Option Agreement and in the Plan. This Option is not intended to shall constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (amended, to the "Code")maximum extent permitted by law. The exercise of vested Options shall always be subject to the availability of shares under the Plan and stockholder approval of an increase in the number of shares under the Plan.

Appears in 1 contract

Samples: Employment Agreement (Peoples Educational Holdings)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") option to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 30,000 shares of common stock of the Company (the "Option SharesOption") of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan. This which Option is not intended to constitute as an "incentive stock option, ." The Option is in all respects limited and conditioned as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")hereinafter provided.

Appears in 1 contract

Samples: Stock Option Agreement (Derma Sciences Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the PlanStock. This The Option is in all respects limited and conditioned as hereinafter provided. It is intended that the Option granted hereunder be a nonqualified stock option (“NQSO”) and not intended to constitute an incentive stock option, option (“ISO”) as such term is defined in Section section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Echo Therapeutics, Inc.)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] three million (3,000,000) shares of Common Stock (the "Option Shares") of Common Stock (such number being subject to adjustment as provided in Paragraph 4 hereof) on the terms and conditions herein set forth in this Option Agreement and in the Planforth. This The Option is not intended to constitute an incentive a non-qualified stock option, as defined in Section 422 of option under the Internal Revenue Code of 1986, as amended (the "Code")amended.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Autotradecenter Com Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 325,000 shares (the "Option Shares") of the Common Stock of the Company at the price of $11.00 per Option Share (the "Exercise Price") on the terms and conditions set forth in this Option Agreement and in the Planherein. This The Option is not intended to constitute be entitled to treatment as an incentive stock option, as defined in option within the meaning of Section 422 422(a) of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Employment Agreement (Universal Hospital Services Inc)

Grant of Option. The Company hereby irrevocably grants to the Optionee Employee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] fifty thousand (50,000) shares of Class A Common Stock, par value $0.01 (the "Option SharesStock") of Common Stock ), on the terms and conditions set forth in this Option Agreement and in the Planherein. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")2. 3.

Appears in 1 contract

Samples: Stock Option Agreement (Apparel Ventures Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option an option (hereinafter called the "Option") to purchase from the Company all or any part a total of an aggregate amount of [NUMBER OF OPTION SHARES] Five Hundred Thousand (500,000) shares (the "Option Shares") of its common stock (the "Common Stock on Stock"), subject to the terms and conditions set forth in this Option Agreement and in the Planherein. This Option The number of Shares is not intended subject to constitute an incentive stock option, as defined in adjustment pursuant to Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")7 hereof.

Appears in 1 contract

Samples: Technology Corporation Stock Option Agreement (Roanoke Technology Corp)

Grant of Option. The Company hereby grants to the Optionee Optionee, as of the right day and Option year first written above, the right, option and privilege (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] up to 90,000 shares (the "Option Shares") of Common Stock on Stock. The Option may be exercised only in accordance with the terms and conditions set forth in of this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")Agreement.

Appears in 1 contract

Samples: Option Agreement (Morgan Products LTD)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") to purchase from the Company all _______________ ________________ (_____________) shares (the “Option Shares”) of the Common Stock of the Company, or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock such number, on the terms and conditions herein set forth in this forth. It is intended that the Option Agreement and in shall constitute a nonqualified stock option within the Plan. This Option is not intended to constitute an incentive stock option, as defined in meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Dais Analytic Corp)

Grant of Option. The Company hereby irrevocably grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company purchase, all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] (___) shares of the Class B Common Stock of Company (“Common Stock”), par value $1.00 per share (the "Option Shares"Share”) of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to which option shall constitute an incentive stock option” under the Plan, as defined at those purchase prices listed in Section 422 of the Internal Revenue Code of 1986, as amended Paragraphs 4 and 5 hereof (the "Code"“Option Prices”), during the period and subject to the conditions hereinafter set forth.

Appears in 1 contract

Samples: Share Purchase Agreement (Offshore Systems International LTD)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] _____________ (_________) shares of the Common Stock of the Company (the "Option Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan”). This The Option is not in all respects limited and conditioned as hereinafter provided. The Option granted hereunder is intended to constitute be a nonqualified stock option (“NQSO”) and not an incentive stock option, option (“ISO”) as such term is defined in Section section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Drone Aviation Holding Corp.)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an the aggregate amount number of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock stated above (the “Option Shares”) on the terms and conditions set forth in this Agreement. The number of Option Agreement and Shares is subject to adjustment as provided in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 paragraph 12 of the Internal Revenue Code of 1986, as amended (the "Code")this Agreement.

Appears in 1 contract

Samples: Agreement (Virtualfund Com Inc)

Grant of Option. The Company hereby irrevocably grants to the Optionee Employee the right and Option option (hereinafter herein called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 30,000 shares (the "Option Shares") of Common Stock of the Company on the terms and conditions set forth in this Agreement. The option is a Nonqualified Stock Option Agreement and in under the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (K Tel International Inc)

Grant of Option. The Company hereby grants to the Optionee Employee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] ________ shares (the "Option Shares") of Common Stock (“Shares”) on the terms and conditions herein set forth in this Option Agreement and in forth. To the Plan. This extent possible, the Option is not intended to constitute be an incentive stock option, as defined in option within the meaning of Section 422 of the Internal Revenue Code Code. Purchase Price. The purchase price of 1986the shares of Common Stock subject to the Option shall be $______ per share, subject to adjustment as amended (the "Code")provided in Section 10 below.

Appears in 1 contract

Samples: Hudson United Bancorp

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Grant of Option. The Company hereby grants to the Optionee Employee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares 550,000 Shares (the "Option Shares") of Common Stock ”), such Shares being subject to adjustment as provided in paragraph 8 hereof, and on the terms and conditions herein set forth in this Option Agreement and in the Planforth. This Option is not intended to constitute an incentive stock option, as defined in Section 422 All of the Internal Revenue Code of 1986Shares granted pursuant to this Option, are granted as amended a non-qualified stock option (the "Code"a “Non-Qualified Option”).

Appears in 1 contract

Samples: Non Qualified Option Agreement (Bombay Company Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called referred to as the "Option") to purchase from the Company time to time all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] _______ shares (the "Option Shares") of the common stock, $.001 par value, of the Company ("Common Stock Stock") on the terms and conditions set forth in this Agreement. The Option Agreement and in the Plan. This Option is not intended to constitute an incentive shall be a non-statutory stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Oroamerica Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an the aggregate amount number of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock set forth above (the “Option Shares”) (such number being subject to adjustment as provided in Section 9 hereof) on the terms and subject to the conditions set forth in this Option Agreement and in the PlanAgreement. This Option is not intended to constitute be an incentive stock option, as defined in ” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Agreement (Mathstar Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called referred to as the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] One Hundred Twenty-Five Thousand (125,000) shares (the "Option Shares") of common stock, $.001 par value, of the Company (the "Common Stock Stock") at the times and on the terms and conditions set forth in this Agreement. The Option Agreement and in the Plan. This Option is not intended to constitute an incentive shall be a “non-statutory stock option, as defined in Section 422 of ” under the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Director Stock Option Agreement (Sulphco Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from purchase, on the Company terms and conditions hereinafter set forth, all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock (the “Option Shares”), at the purchase price of $100 per Option Share (as such amount may be adjusted, the “Exercise Price”), on the terms and conditions set forth in this Option Agreement and in the Planherein. This The Option is not intended to constitute be, and shall not be, an incentive stock option, as defined in option under Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Stock Option Agreement (Gsi Group Inc)

Grant of Option. The Upon the terms and subject to the conditions set forth in this Agreement, the Company hereby grants to the Optionee Investor an option (the right and Option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 1,850,000 authorized but unissued shares (the "Option Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"“Option Shares”), which Option shall be exercisable in whole or in part at any time during the Exercise Period (as hereinafter defined).

Appears in 1 contract

Samples: Option Agreement (Ultimate Electronics Inc)

Grant of Option. The Company hereby grants to Optionee, on the Optionee date set forth above, the right and Option option (hereinafter called the "Option"“option”) to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 25,000 shares of common stock, par value $.20 per share, of the Company (the "Option Shares"“Common Stock”) at the price of Common Stock $ per share on the terms and conditions set forth in this Option Agreement and in the Planherein. This Option option is not intended to constitute be an incentive stock option, as defined in option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")amended.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Adc Telecommunications Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 11,000 shares (of the "Option Shares") of Common Stock of the Company on the terms and conditions herein set forth in this Option Agreement and in the Planforth. This Option is grant does not intended to constitute qualify as an incentive stock option, as defined in option under Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")amended.

Appears in 1 contract

Samples: Non Qualified (Arctic Cat Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 128,501 shares (of the "Option Shares") of Common Stock of the Company on the terms and conditions herein set forth in this Option Agreement and in the Planforth. This Option is not intended to constitute an incentive stock option, as defined in Section 422 granted independent of the Internal Revenue Code of 1986, Company’s 1995 Stock Plan as amended (an inducement essential to Xx. Xxxxxx’x entering into an employment contract with the "Code")Company. 2.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Transport Corporation of America Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an the aggregate amount number of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock set forth above (the “Option Shares”) (such number being subject to adjustment as provided in Section 11 hereof) on the terms and subject to the conditions set forth in this Option Agreement and in the PlanAgreement. This Option is not intended to constitute be an incentive stock option, as defined in ” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Digitiliti Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") an option to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock purchase, on the terms and conditions hereinafter set forth in this forth, the number of shares specified above (the “Option Agreement and in Shares”) of the PlanCompany’s Common Stock, $0.01 par value per share (“Common Stock”), at the option price (the “Option Price”) per share specified above (the “Option”). This Option is not intended to constitute qualify as an incentive stock option, as defined in Section option under section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Atx Group Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an the aggregate amount number of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock set forth above (the “Option Shares”) (such number being subject to adjustment as provided in Section 10 hereof) on the terms and subject to the conditions set forth in this Option Agreement and in the PlanAgreement. This Option is not intended to constitute be an incentive stock option, as defined in ” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Qualified Stock Option Agreement (Digitiliti Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 42,855 shares of the Common Stock of the Company (the "Option Shares") of Common Stock on the terms and conditions herein set forth in this Option Agreement and in the Planforth. This The Option is not intended to constitute be an "incentive stock option, " as that term is defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Incentive Stock Option Agreement (RTW Inc /Mn/)

Grant of Option. The Company hereby grants to Employee, on the Optionee date set forth above, the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] <> shares of the Company's Common Stock, par value $0.01 per share (the "Option SharesCommon Stock") ), at the price of Common Stock <> per share on the terms and conditions set forth in this Option Agreement and in the Planherein. This Option is not intended to constitute be an incentive stock option, as defined in option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Stock Option Agreement (Summedia Com Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") to purchase from the Company all ____________________ _________ (________) shares (the “Option Shares”) of the Common Stock of the Company, or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock such number, on the terms and conditions herein set forth in this forth. It is intended that the Option Agreement and in shall constitute a nonqualified stock option within the Plan. This Option is not intended to constitute an incentive stock option, as defined in meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Dais Analytic Corp)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount Four Hundred Eighty-Five Thousand (485,000) shares of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock (such number being subject to adjustment as provided in Section 7 hereof) on the terms and conditions herein set forth in this forth. The Option Agreement and in the Plan. This Option granted herein is not intended to constitute be an "incentive stock option, as defined in Section 422 " within the meaning of the Internal Revenue Code of 1986, as amended (the "Code")amended.

Appears in 1 contract

Samples: Stock Option Agreement (General Automation Inc)

Grant of Option. The Company hereby grants to the Optionee as of the right and Option date hereof the option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 350,000 shares (the "Option Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986Company’s common stock (“Stock”), as amended (the "Code")subject to adjustment in accordance with paragraph 21 below.

Appears in 1 contract

Samples: Stock Option Award Agreement (Semtech Corp)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an the aggregate amount number of [NUMBER OF OPTION SHARES] shares of Common Stock set forth above (the "Option Shares") of Common Stock (such number being subject to adjustment as provided in Section 8 hereof) on the terms and subject to the conditions set forth in this Option Agreement and in the PlanAgreement. This Option is not intended to constitute be an "incentive stock option, as defined in " within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")amended.

Appears in 1 contract

Samples: Stock Option Agreement (Xdogs Com Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] Four Hundred Thousand (400,000) shares of the Capital Stock (such number being subject to adjustment as provided in Paragraph 6 hereof and hereinafter called the "Option Shares") of Common Stock on the terms and conditions herein set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")forth.

Appears in 1 contract

Samples: Non Statutory Stock Option Agreement (Venturi Technologies Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] ____________ shares (of the "Option Shares") of Common Stock of the Company on the terms and conditions herein set forth in this forth. The Option Agreement and in the Plan. This Option granted hereunder is not intended to constitute be an incentive stock option, as defined in ” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Lifecore Biomedical Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] thirty thousand (30,000) shares of Common Stock (the "Option Shares") of Common Stock (such number being subject to adjustment as provided in Paragraph 4 hereof) on the terms and conditions herein set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")forth.

Appears in 1 contract

Samples: Stock Option Agreement (Damark International Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called referred to as the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] One Million (1,000,000) shares (the "Option Shares") of common stock, $.001 par value, of the Company (the "Common Stock Stock") at the times and on the terms and conditions set forth in this Agreement. The Option Agreement and in the Plan. This Option is not intended to constitute an incentive shall be a “non-statutory stock option, as defined in Section 422 of ” under the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Stock Option Agreement (Sulphco Inc)

Grant of Option. The Company Corporation hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 150,000 shares of Common Stock. It is intended that the Option granted hereunder be a non-qualified stock option (the "Option SharesNQSO") of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in option ("ISO") under Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Rabbit Software Corporation Stock Option Agreement (Tangram Enterprise Solutions Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option Optionholder an option (hereinafter called the "Option") to purchase from up to 170,000 shares of Common Stock of the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock on ), at the Option Price set forth herein, and in all respects subject to the terms and conditions set forth in of this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")Agreement.

Appears in 1 contract

Samples: Stock Option Agreement (Penncorp Financial Group Inc /De/)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") a non-qualified stock option to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 250,000 shares (the "Option Shares") of Common Stock (such number being subject to adjustment as provided in Paragraph 7) on the terms and conditions hereinafter set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"“Option”).

Appears in 1 contract

Samples: Stock Option Agreement (Savient Pharmaceuticals Inc)

Grant of Option. The Subject to the terms and conditions of this Agreement, the Company hereby grants to Optionee as of the Optionee Grant Date, the right and Option (hereinafter called the "Option") option to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] two hundred fifty thousand (250,000) shares (of the "Company’s common stock, par value $.001 per share. The shares of common stock issuable upon the exercise of this Option are referred to as the “Option Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Qualified Stock Option Agreement (Perma Fix Environmental Services Inc)

Grant of Option. The In consideration of the foregoing, the Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares four hundred thousand (the "Option Shares"400,000) of Common Stock Shares on the terms and conditions herein set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")forth.

Appears in 1 contract

Samples: Option Agreement (Spice Entertaiment Companies Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an the aggregate amount number of [NUMBER OF OPTION SHARES] shares Shares set forth above (the "Option Shares") of Common Stock (such number being subject to adjustment as provided in the Option Plan) on the terms and subject to the conditions set forth in this Option Agreement and in the PlanAgreement. This Option is not intended to constitute 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")amended.

Appears in 1 contract

Samples: Stock Option Agreement (Arts Way Manufacturing Co Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 392,500 shares (of the "Option Shares") of Common Stock of the Company (such number being subject to adjustment as provided in Paragraph 5 hereof) on the terms and conditions herein set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")forth.

Appears in 1 contract

Samples: Stock Option Agreement (Worldwide Wireless Networks Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "OptionOPTION") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 50,000 shares (the "Option SharesSHARES") of Common Stock Stock, such Shares being subject to adjustment as provided in PARAGRAPH 7 hereof, on the terms and conditions herein set forth in this Option Agreement and in the Planforth. This The Option is not a Nonqualified Stock Option and is NOT intended to constitute be an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")Incentive Stock Option.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Tejas Inc)

Grant of Option. The Company hereby grants to the Optionee Employee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 100,000 shares (the "Option Shares") of Common Stock Stock, such Shares being subject to adjustment as provided in Paragraph 7 hereof, on the terms and conditions herein set forth in this Option Agreement and in the Planforth. This The Option is not intended to constitute an incentive stock option, as defined in option pursuant to Section 422 of the Internal Revenue Code Code, and subject to the terms of 1986the Plan and applicable law, this Agreement shall be construed so that the Option shall qualify as amended (the "Code")an incentive stock option.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Bestway Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 325,000 shares (the "Option Shares") of the Common Stock of the Company on the terms and conditions herein set forth in this forth. It is intended that the Option Agreement and in the Plan. This Option is not intended to shall constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code").

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Firepond Inc)

Grant of Option. The Subject to the terms and conditions of the Plan and this Agreement, the Company hereby grants to the Optionee the right and Option an option (hereinafter called the "Option") to purchase from the Company all or any part of an the aggregate amount of [NUMBER OF OPTION SHARES] Thirty Thousand (30,000) shares of Common Stock (the "Option Optioned Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan). This The Option is not intended to constitute a non-qualified stock option and shall not be treated as an incentive stock option, as defined in option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")amended.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Bucyrus International Inc)

Grant of Option. The Company hereby grants to the Optionee on the right and date hereof a Nonstatutory Stock Option (hereinafter called the "Option") to purchase from (subject to adjustment pursuant to Section 9 of the Company all or any part of Plan) an aggregate amount of [NUMBER OF OPTION SHARES] 50,000 of its shares of Common Stock (the "Option Shares") at an option price per Share of Common Stock on the terms and conditions set forth in this Option Agreement and in the Plan. This Option is not intended to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")$.375.

Appears in 1 contract

Samples: Option Plan Nonstatutory Stock Option Agreement (Pro Tech Communications Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option an option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] one million two hundred fifty thousand (1,250,000) shares (each individually an "Option Share" and collectively the "Option Shares") of Common Stock on Stock, vesting over time in accordance with the terms and conditions set forth in of this Option Agreement and in the Plan. This Option is not intended to constitute Agreement, at an incentive stock option, as defined in Section 422 exercise price of the Internal Revenue Code of 1986, as amended $0.70 per Share (the "CodeExercise Price"), and the Optionee accepts the grant of the Option, subject to adjustment as provided in Section 5 herein.

Appears in 1 contract

Samples: Stock Option Grant Agreement (Distinctive Devices Inc)

Grant of Option. The Subject to the provisions of this Agreement and to the Plan Provisions, the Company hereby grants to the Optionee the right and Option an option (hereinafter called the "Option") to purchase from the Company all or any part One Million Five Hundred Thousand (1,500,000) shares of an aggregate amount of [NUMBER OF OPTION SHARES] shares common stock (the "Option Shares") at a price of Common Stock on $.75 per share, the terms and conditions set forth in this Option Agreement and in fair market value (the Plan"Exercise Price"). This The Option is not intended by the parties hereto to constitute be, and shall be treated as an incentive stock option, option (as such term is defined in under Code Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"422).

Appears in 1 contract

Samples: Stock Option Agreement (Compass Knowledge Holdings Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] shares (the "Option Shares") of Common Stock on upon, and subject to, the terms and conditions set forth in this herein, all or any part of 20,000 shares of Company's common stock ("Common Stock") at a price of $____ per share. The Option Agreement and in the Plan. This Option granted hereunder is not intended to constitute qualify as an incentive stock option, as defined in "Incentive Stock Option" within the meaning of Section 422 422A of the Internal Revenue Code of 1986, as amended (the "Code")amended.

Appears in 1 contract

Samples: Employment Agreement (Harvey Entertainment Co)

Grant of Option. 1.1 The Company hereby grants to the Optionee the right and Option option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] Sixty Thousand (60,000) whole shares of the Common Stock of the Company, (the "Option Shares") of Common Stock on subject to, and in accordance with, the terms and conditions set forth in this Option Agreement and in the PlanAgreement. This Option is not intended The Shares to constitute an incentive stock option, as defined in Section 422 be delivered upon exercise of the Internal Revenue Code Option may be shares of 1986, the Company's Common Stock held by the Company as amended (the "Code")treasury stock or newly issued shares.

Appears in 1 contract

Samples: Stock Option Agreement (Dme Interactive Holdings Inc)

Grant of Option. The Company hereby grants to the Optionee the right and Option --------------- option (hereinafter called the "Option") to purchase from the Company all or any part of an aggregate amount of [NUMBER OF OPTION SHARES] 70,000 shares (the "Option Shares") of Common Stock on the terms and conditions set forth in this Option Agreement and in the PlanStock, subject to adjustment as hereinafter provided. This The Option is not intended in all respects limited and conditioned as provided herein, and as it may be amended from time to constitute an incentive stock option, as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")time.

Appears in 1 contract

Samples: Stock Option Agreement (Total Research Corp)

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