Common use of Nature of the Option Clause in Contracts

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 22 contracts

Samples: Nonstatutory Stock Option Agreement (Tekelec), Nonstatutory Stock Option Agreement (Earthlink Network Inc /De/), Employment Agreement (Netvalue Inc)

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Nature of the Option. This Option is intended to be and is a nonstatutory stock option Nonstatutory Stock Option and is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 17 contracts

Samples: Stock Option Agreement (Mai Systems Corp), Stock Option Agreement (Mai Systems Corp), Option Agreement (Mai Systems Corp)

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 13 contracts

Samples: Equity Incentive Plan (Five Below, Inc), Equity Incentive Plan (Five Below, Inc), Equity Incentive Plan (Five Below, Inc)

Nature of the Option. This The Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 8 contracts

Samples: Non Qualified Stock Option Agreement (Lululemon Athletica Inc.), Non Qualified Stock Option Agreement (Bancorp of New Jersey, Inc.), Non Qualified Stock Option Agreement (Lululemon Athletica Inc.)

Nature of the Option. This Option is intended to be a nonstatutory non-statutory stock option and is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 8 contracts

Samples: Non Qualified Stock Option Award Agreement (Igi Inc), Employment Agreement (Destination Maternity Corp), Non Qualified Stock Option Award Agreement (Igi Inc)

Nature of the Option. This The Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 7 contracts

Samples: Nonstatutory Stock Option Agreement (Ricex Co), Non Statutory Stock Option Agreement (Ricex Co), Nonstatutory Stock Option Agreement (Ricex Co)

Nature of the Option. This Option is intended by the Company and the Optionee to be a nonstatutory stock option and does not qualify for any special tax benefits to the Optionee. This option is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optioneeamended.

Appears in 6 contracts

Samples: Nonstatutory Stock Option Agreement (Greater Bay Bancorp), Nonstatutory Stock Option Agreement (Greater Bay Bancorp), Nonstatutory Stock Option Agreement (Greater Bay Bancorp)

Nature of the Option. This The Option is intended to be a nonstatutory stock option Non-Qualified Stock Option and is not NOT intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 6 contracts

Samples: Non Qualified Stock Option Award Agreement (Neose Technologies Inc), Annual Director Grant Agreement (Neose Technologies Inc), Non Qualified Stock Option Award Agreement (Neose Technologies Inc)

Nature of the Option. (a) This Option is intended to be a nonstatutory non-statutory stock option and is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")amended, or to otherwise qualify for any special tax benefits to the OptioneeHolder.

Appears in 4 contracts

Samples: Nonstatutory Stock Option Award Agreement (Comera Life Sciences Holdings, Inc.), Zosano Pharma (Zosano Pharma Corp), Zosano Pharma (Zosano Pharma Corp)

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not NOT intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Trimark Holdings Inc), Stock Purchase Agreement (Trimark Holdings Inc), Stock Purchase Agreement (Trimark Holdings Inc)

Nature of the Option. (a) This Option is intended to be a nonstatutory non-statutory stock option and is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 3 contracts

Samples: Destination Maternity (Destination Maternity Corp), Non Qualified Stock Option Award Agreement (Destination Maternity Corp), Destination Maternity (Destination Maternity Corp)

Nature of the Option. This The Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 3 contracts

Samples: Stock Option Agreement (Ricex Co), Nonstatutory Stock Option Agreement (Dollar Tree Stores Inc), Stock Option Agreement (Mission West Properties Inc)

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not NOT intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "CodeCODE"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 3 contracts

Samples: Nonstatutory Employee Stock Option Agreement (Futech Interactive Products Inc), Nonstatutory Stock Option Agreement (Futech Interactive Products Inc), Futech Interactive Products Inc

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 3 contracts

Samples: Viropharma Incorporated Stock Option Plan (Viropharma Inc), Incorporated Stock Option Plan (Viropharma Inc), Non Qualified Stock Option Agreement (Valera Pharmaceuticals Inc)

Nature of the Option. This 1.1 The Option is intended to be a nonstatutory stock option and is not intended to be qualify as an incentive stock option within the meaning of Incentive Stock Option as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 3 contracts

Samples: Nonstatutory Stock Option Agreement (In Focus Systems Inc), Nonstatutory Stock Option Agreement (In Focus Systems Inc), Nonstatutory Stock Option Agreement (In Focus Systems Inc)

Nature of the Option. This Option is intended to be a nonstatutory nonqualified stock option and is not intended to be an incentive stock option within the meaning of Section 422 422A of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Gtsi Corp), Non Qualified Stock Option Agreement (Gtsi Corp), Non Qualified Stock Option Agreement (Gtsi Corp)

Nature of the Option. This The Option is intended to be a nonstatutory stock option and is not intended to be qualify as an incentive stock option within the meaning of Incentive Stock Option as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 3 contracts

Samples: 1 (Data Dimensions Inc), Nonstatutory Stock Option Agreement (Lionbridge Technologies Inc /De/), 1 (Data Dimensions Inc)

Nature of the Option. This The Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option within the meaning of as described by Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to for the Optionee.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Bojangles', Inc.), Non Qualified Stock Option Agreement (Collegium Pharmaceutical, Inc), Non Qualified Stock Option Agreement (Bojangles', Inc.)

Nature of the Option. This Option is intended by FNB and the Optionee to be a nonstatutory stock option and does not qualify for any special tax benefits to the Optionee. This option is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optioneeamended.

Appears in 3 contracts

Samples: Nonstatutory Stock Option Agreement (FNB Bancorp/Ca/), Nonstatutory Stock Option Agreement (FNB Bancorp/Ca/), Nonstatutory Stock Option Agreement (FNB Bancorp/Ca/)

Nature of the Option. This The Option is intended to be a nonstatutory stock option and is shall not intended to be treated as an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 3 contracts

Samples: Nonstatutory Stock Option Agreement (Super Micro Computer, Inc.), Nonstatutory Stock Option Agreement (Zoran Corp \De\), Nonstatutory Stock Option Agreement (Zoran Corp \De\)

Nature of the Option. This The Option is intended to be a nonstatutory stock option Non-Qualified Stock Option and is in not intended to be qualify as an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 2 contracts

Samples: Non Qualified Stock Option Award Agreement (Kenexa Corp), Non Qualified Stock Option Award Agreement (Kenexa Corp)

Nature of the Option. This The Option is intended to be a nonstatutory non-statutory stock option and is not intended to be NOT an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 2 contracts

Samples: Stock Option Agreement (Truevision International Inc), Truevision International Inc

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option option” within the meaning of Section 422 section 422A of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 2 contracts

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

Nature of the Option. This Option is intended by the Company and the Optionee to be a nonstatutory option, in contrast to a stock option described in Sections 422(b) or 423(b) of the Internal Revenue Code of 1986, as amended (“Nonstatutory Option”) and does not qualify for any special tax benefits to the Optionee. This option is not intended to be NOT an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optioneeamended.

Appears in 2 contracts

Samples: Nonstatutory Stock Option Agreement (Placer Sierra Bancshares), Nonstatutory Stock Option Agreement (Placer Sierra Bancshares)

Nature of the Option. This Option is intended by the Company and the Optionee to be a nonstatutory stock Nonstatutory Option and does not qualify for any special tax benefits to the Optionee. This option and is not intended to be NOT an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optioneeamended.

Appears in 2 contracts

Samples: Nonstatutory Stock Option Agreement (Placer Sierra Bancshares), Nonstatutory Stock Option Agreement (Central Valley Community Bancorp)

Nature of the Option. This Option is intended to be a an nonstatutory -------------------- stock option and is not intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or otherwise to otherwise qualify for any special tax benefits to the Optionee.

Appears in 2 contracts

Samples: Nonstatutory Stock Option Agreement (Intervideo Inc), Nonstatutory Stock Option Agreement (Intervideo Inc)

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 2 contracts

Samples: Qualified Stock Option Agreement (Mothers Work Inc), Non Qualified Stock Option Agreement (Mothers Work Inc)

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the OptioneeGrantee.

Appears in 2 contracts

Samples: Stock Option Agreement (Us Dataworks Inc), Stock Option Agreement (Sonicport Com)

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Five Below, Inc), Non Qualified Stock Option Agreement (Five Below, Inc)

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Lululemon Athletica Inc.), Non Qualified Stock Option Agreement (Lululemon Athletica Inc.)

Nature of the Option. This The Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 2 contracts

Samples: Nonstatutory Stock Option Agreement (Super Micro Computer, Inc.), Non Statutory Stock Option Agreement (Ricex Co)

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option "Incentive Stock Option" within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optioneeamended.

Appears in 1 contract

Samples: Stock Option Agreement (Sofamor Danek Group Inc)

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Nature of the Option. This The Option is intended to be a nonstatutory non-qualified stock option option, and is not intended to be an incentive stock option within the meaning of described by Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or otherwise to otherwise qualify for any special tax benefits to the Optionee.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Aduro Biotech, Inc.)

Nature of the Option. This Option is intended by the Bank and the Optionee to be a nonstatutory stock option and does not qualify for any special tax benefits to the Optionee. This option is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optioneeamended.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (FNB Bancorp/Ca/)

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not intended to be qualify as an "incentive stock option within the meaning of option," as that term is defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optioneeamended.

Appears in 1 contract

Samples: Stock Option Agreement (Realnetworks Inc)

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 1 contract

Samples: Form of Nonstatutory Stock Option Agreement (Tekelec)

Nature of the Option. This Option is intended to be a nonstatutory non-statutory stock option and is not intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Earthlink Network Inc /De/)

Nature of the Option. This Option is intended to be a nonstatutory non-statutory stock option and is not intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or otherwise to otherwise qualify for any special tax benefits to the Optionee.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Cisco Systems Inc)

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not intended to be qualify as an -------------------- incentive stock option within the meaning of as defined in Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"). However, the Company does not represent or warrant that this Option qualifies as an incentive stock option. Optionee acknowledges that Optionee is responsible to otherwise qualify for any special consult with Optionee's own tax benefits advisor regarding the tax effects of the Option and the requirements necessary to obtain income tax treatment under Section 422 of the OptioneeCode, including, but not limited to, holding period requirements.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (First Financial Bancorp /Ca/)

Nature of the Option. This Option is intended to be a nonstatutory non-statutory stock option and is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 1 contract

Samples: Employment Agreement (Innovative Software Technologies Inc)

Nature of the Option. This Option is intended to be a an nonstatutory stock option and is not intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or otherwise to otherwise qualify for any special tax benefits to the Optionee.

Appears in 1 contract

Samples: Nonstatutory Employee Stock Option Agreement (Cornerstone Therapeutics Inc)

Nature of the Option. This Option is intended to be a nonstatutory non-statutory stock option and is not intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the OptioneeGrantee.

Appears in 1 contract

Samples: Stock Option Agreement (Aqua Dyne Inc)

Nature of the Option. (a) This Option is intended to be a nonstatutory non-statutory stock option and is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")amended, or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 1 contract

Samples: Destination Maternity (Destination Maternity Corp)

Nature of the Option. This Option is intended to be a nonstatutory stock non-statutory option and that is not intended to be an incentive stock option option, within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code")amended, or and is not intended to otherwise qualify for any special tax benefits to the Optionee.

Appears in 1 contract

Samples: Option Agreement (Broadway Financial Corp \De\)

Nature of the Option. This The Option is intended to be a nonstatutory stock option and is not NOT intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 1 contract

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

Nature of the Option. This Option is intended to be a nonstatutory nonqualified stock option and is not intended to be an incentive stock option within the --- meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 1 contract

Samples: Option Agreement (Young M Dendy)

Nature of the Option. This The Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option within the meaning of as described by Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits ”) to the Optioneemaximum extent permissible under the Code. To the extent that the Option does not qualify as an incentive stock option, the Option or the portion thereof which does not so qualify shall constitute a separate Non-Qualified Stock Option.

Appears in 1 contract

Samples: Non Qualified Stock Option Award Agreement (Kaltura Inc)

Nature of the Option. This Option is intended to be a nonstatutory non-statutory -------------------- stock option and is not intended to be an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or otherwise to otherwise qualify for any special tax benefits to the Optionee.

Appears in 1 contract

Samples: Intervideo Inc

Nature of the Option. This Option is intended by the Company and the -------------------- Optionee to be a nonstatutory stock option and does not qualify for any special tax benefits to the Optionee. This option is not intended to be an incentive stock option Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optioneeamended.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (First Financial Bancorp /Ca/)

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option within “Incentive Stock Option” as defined in and subject to the meaning limitations of Section 422 422A of the Internal Revenue Code of 19861986 and it shall not be treated as an Incentive Stock Option, as amended (whether or not, by its terms, it meets the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.requirements of Section 422A.

Appears in 1 contract

Samples: Nonstatutory Stock Option (Poore Brothers Inc)

Nature of the Option. This Option is intended to be a nonstatutory stock option and is not intended to be NOT an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to the Optionee.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Interactive Network Inc /Ca)

Nature of the Option. This The Option is intended to be a nonstatutory stock option and is not intended to be an incentive stock option within the meaning of as described by Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"), or to otherwise qualify for any special tax benefits to for the OptioneeGrantee.

Appears in 1 contract

Samples: Non Qualified Stock Option Award Agreement (Kaltura Inc)

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