Common use of Special Tax Consequences Clause in Contracts

Special Tax Consequences. The Optionee acknowledges that, to the extent that the aggregate Fair Market Value of stock with respect to which Incentive Stock Options (but without regard to Section 422(d) of the Code), including the Option, are exercisable for the first time by the Optionee during any calendar year (under the Plan and all other incentive stock option plans of the Company, any subsidiary corporation and any parent corporation thereof (each within the meaning of Section 422 of the Code)) exceeds $100,000, the Option and such other options shall be treated as not qualifying under Section 422 of the Code but rather shall be taxed as Non-Qualified Stock Options. The Optionee further acknowledges that the rule set forth in the preceding sentence shall be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value of Stock shall be determined as of the time the option with respect to such Stock is granted.

Special Tax Consequences. The Optionee acknowledges that, to the extent that the aggregate Fair Market Value fair market value of stock with respect to which Incentive Stock Options "incentive stock options" (within the meaning of Section 422 of the Code, but without regard to Section 422(d) of the Code), including ) granted hereby and all other incentive stock options granted by the Option, Company or any Subsidiary to Optionee that are exercisable for the first time by the Optionee during any calendar year (under the Plan and all other incentive stock option plans of the Company, any subsidiary corporation and any parent corporation thereof (each within the meaning of Section 422 of the Code)) exceeds $100,000, the Option and such other options shall be treated for all purposes as not qualifying under Section 422 of the Code but rather and therefore shall be taxed subject to taxation as Nonnon-Qualified Stock Optionsqualified options. The Optionee further acknowledges that the rule rules set forth in the preceding sentence shall be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value fair market value of Stock stock shall be determined as of the time the option with respect to such Stock option is granted.