Common use of MODIFICATION OF OPTION Clause in Contracts

MODIFICATION OF OPTION. In the event of any change or distribution described in subsection 7(a) above, in order to prevent dilution or enlargement of theOptionee's rights hereunder, the Committee may, in an equitable manner, otherwise adjust the number and kind of Shares that may be issued under this Agreement and/or adjust the Exercise Price applicable to the option and/or the Fair Market Value of the Shares and other value determinations applicable to the option. Appropriate adjustments may also be made by the Committee in other terms of the option to reflect such changes or distributions and/or to modify any other terms of the option, on an equitable basis, including modifications of performance targets and changes in the length of performance periods relating to the vesting of the option or any restrictions on Option Shares. Notwithstanding the foregoing, (i) each such adjustment with respect to an Incentive Stock Option shall comply with the rules of Section 424(a) of the Code, and (ii) in no event shall any adjustment be made which would render any Incentive Stock Option granted hereunder other than an "incentive stock option" for purposes of Section 422 of the Code.

Appears in 4 contracts

Samples: Stock Option Agreement (Magellan Health Services Inc), Stock Option Agreement (Magellan Health Services Inc), Stock Option Agreement (Magellan Health Services Inc)

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MODIFICATION OF OPTION. In the event of any change or distribution described in subsection 7(a) above, in order to prevent dilution or enlargement of theOptioneethe Optionee's rights hereunder, the Committee may, in an equitable manner, otherwise adjust the number and kind of Shares that may be issued under this Agreement and/or adjust the Exercise Price applicable to the option and/or the Fair Market Value of the Shares and other value determinations applicable to the option. Appropriate adjustments may also be made by the Committee in other terms of the option to reflect such changes or distributions and/or to modify any other terms of the option, on an equitable basis, including modifications of performance targets and changes in the length of performance periods relating to the vesting of the option or any restrictions on Option Shares. Notwithstanding the foregoing, (i) each such adjustment with respect to an Incentive Stock Option shall comply with the rules of Section 424(a) of the Code, and (ii) in no event shall any adjustment be made which would render any Incentive Stock Option granted hereunder other than an "incentive stock option" for purposes of Section 422 of the Code.

Appears in 1 contract

Samples: Magellan Health Services (Magellan Health Services Inc)

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