Common use of Incentive Stock Option Qualification Clause in Contracts

Incentive Stock Option Qualification. This Option is intended to qualify as an “incentive stock option” within the meaning of section 422 of the Code, and shall be so construed; provided, however, that nothing in this Agreement shall be interpreted as a representation, guarantee or other undertaking on the part of the Company that this Option is or will be determined to be an Incentive Option. However, if any portion of this Option is deemed not be an Incentive Option because the $100,000 annual limit under section 422(d) of the Code on Incentive Options is exceeded, or otherwise, the portion of this Option which cannot be treated as an Incentive Option shall be deemed to be a Nonqualified Option. In such an event, the Participant shall be subject to the tax withholding provision of Section 7.3 of the Plan for the portion of this Option which is not an Incentive Option, and all other Plan provisions that apply to Nonqualified Options.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Debut Broadcasting Corporation, Inc.)

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Incentive Stock Option Qualification. This Option is intended to qualify as an "incentive stock option" within the meaning of section 422 of the Code, and shall be so construed; provided, however, that nothing in this Agreement shall be interpreted as a representation, guarantee or other undertaking on the part of the Company that this Option is or will be determined to be an Incentive Option. However, if any portion of this Option is deemed not to be an Incentive Option because the $100,000 annual limit under section 422(d) of the Code on Incentive Options is exceeded, or otherwise, the portion of this Option which cannot be treated as an Incentive Option shall be deemed to be a Nonqualified Option. In such an event, the Participant shall be subject to the tax withholding provision of Section 7.3 provisions of the Plan for the portion of this Option which is not an Incentive Option, and all other Plan provisions that apply to Nonqualified Options.

Appears in 1 contract

Samples: Symbion Stock Incentive Plan Incentive Stock Option Agreement (Symbion Inc/Tn)

Incentive Stock Option Qualification. This Option is intended to qualify as an "incentive stock option" within the meaning of section 422 of the Code, and shall be so construed; provided, however, that nothing in this Agreement shall be interpreted as a representation, guarantee or other undertaking on the part of the Company that this Option is or will be determined to be an Incentive Option. However, if any portion of this Option is deemed not to be an Incentive Option because the $100,000 annual limit under section 422(d) of the Code on Incentive Options is exceeded, or otherwise, the portion of this Option which cannot be treated as an Incentive Option shall be deemed to be a Nonqualified Option. In such an event, the Participant shall be subject to the tax withholding provision of Section 7.3 of the Plan for the portion of this Option which is not an Incentive Option, and all other Plan provisions that apply to Nonqualified Options.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Ipayment Inc)

Incentive Stock Option Qualification. This Option is intended to qualify as an “incentive stock option” within the meaning of section 422 of the Code, and shall be so construed; provided, however, that nothing in this Agreement shall be interpreted as a representation, guarantee or other undertaking on the part of the Company that this Option is or will be determined to be an Incentive Option. However, if any portion of this Option is deemed not to be an Incentive Option because the $100,000 annual limit on incentive stock options under section 422(d) of the Code on Incentive Options is exceeded, or otherwise, the portion of this Option which cannot be treated as an Incentive Option shall be deemed to be a Nonqualified Option. In such an event, the Participant shall be subject to the tax withholding provision of Section 7.3 6.4 of the Plan for the portion of this Option which is not an Incentive Option, and all other Plan provisions that apply to Nonqualified Options.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Malibu Boats, Inc.)

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Incentive Stock Option Qualification. This Option is The Options are intended to qualify as an “"incentive stock option” options" within the meaning of section Section 422 of the Code, and shall be so construed; provided, however, that nothing in this Agreement shall be interpreted as a representation, guarantee or other undertaking on the part of the Company that this Option is the Options are or will be determined to be an Incentive OptionOptions. However, if any portion of this Option is the Options are deemed not to be an Incentive Option because the $100,000 annual limit on incentive stock options under section Section 422(d) of the Code on Incentive Options is exceeded, or otherwise, the portion of this Option the Options which cannot be treated as an Incentive Option shall be deemed to be a Nonqualified OptionOption for purposes of the Plan. In such an event, the Participant Grantee shall be subject to the tax withholding provision of Section 7.3 of the Plan for the portion of this Option the Options which is not an Incentive Option, and all other Plan provisions that apply to Nonqualified Options.

Appears in 1 contract

Samples: Incentive Stock Plan Stock Option Agreement (Oca, Inc. / De /)

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