Common use of Stock Appreciation Rights Clause in Contracts

Stock Appreciation Rights. The Grantee or other person entitled to exercise this Option is further hereby granted the right ("Stock Appreciation Right") in lieu of exercising this Option or any portion thereof to receive an amount equal to the lesser of (a) the excess of the Fair Market Value of the stock subject to this Option or such portion thereof over the aggregate exercise price for such shares hereunder as of the date the Stock Appreciation Right is exercised. The amount payable upon exercise of such Stock Appreciation Right may be settled by payment in cash or in shares of the class then subject to this Option valued on the basis of their Fair Market Value on the date Stock Appreciation Right is exercised, or in a combination of cash and such shares so valued. No Stock Appreciation Right may be exercised, in whole or in part, (i) other than in connection with the contemporaneous surrender without exercise of this Option or the portion thereof that corresponds to the portion of the Stock Appreciation Right being exercised, or (ii) except to the extent that this Option or such portion thereof is exercisable on the date of exercise of the Stock Appreciation Right by the Person exercising the Stock Appreciation Right, or (iii) unless the class of stock then subject to this Option is then Publicly Traded.

Stock Appreciation Rights. The Grantee or other person entitled to exercise this Option is further hereby granted the right ("Stock Appreciation Right") in lieu of exercising this Option or any portion thereof to receive an amount equal to the lesser of (a) the excess of the Fair Market Value of the stock subject to this Option or such portion thereof over the aggregate exercise price for such shares hereunder as of the date the Stock Appreciation Right is exercised, or (b) 200% of the aggregate exercise price for such shares hereunder. The amount payable upon exercise of such Stock Appreciation Right may be settled by payment in cash or in shares of the class then subject to this Option valued on the basis of their Fair Market Value on the date Stock Appreciation Right is exercised, or in a combination of cash and such shares so valued. No Stock Appreciation Right may be exercised, in whole or in part, (i) other than in connection with the contemporaneous surrender without exercise of this Option or the portion thereof that corresponds to the portion of the Stock Appreciation Right being exercised, or (ii) except to the extent that this Option or such portion thereof is exercisable on the date of exercise of the Stock Appreciation Right by the Person exercising the Stock Appreciation Right, or (iii) unless the class of stock then subject to this Option is then Publicly Traded.

Stock Appreciation Rights. The Grantee or other person entitled to exercise this Option these Options is further hereby granted the right ("Stock Appreciation Right") in lieu of exercising this Option these Options or any portion thereof to receive an amount equal to the lesser of (a) the excess of the Fair Market Value of the stock subject to this Option these Options or such portion thereof over the aggregate exercise price for such shares hereunder as of the date of the Stock Appreciation Right is exercised, or (b) 200% of the aggregate exercise price for such shares hereunder. The amount payable upon exercise of such Stock Appreciation Right may be settled by payment in cash or in shares of the class then subject to this Option these Options valued on the basis of their Fair Market Value on the date Stock Appreciation Right is exercised, or in a combination of cash and such shares so valued. No Stock Appreciation Right may be exercised, in whole or in part, (i) other than in connection with the contemporaneous surrender without exercise of this Option these Options or the portion thereof that corresponds to the portion of the Stock Appreciation Appreiciation Right being exercisedexercise, or (ii) except to the extent that this Option these Options or such portion thereof therof is exercisable on the date of exercise of the Stock Appreciation Right by the Person exercising the Stock Appreciation Right, or (iii) unless the class classes of stock then subject to this Option these Options is then Publicly Traded.

Stock Appreciation Rights. The Grantee or other person entitled to exercise this Option is further hereby granted the right ("Stock Appreciation Right") in lieu of exercising this Option or any portion thereof to receive an amount equal to the lesser of (ai) the excess of the Fair Market Value (as defined herein) of the stock shares subject to this Option or such portion thereof over the aggregate exercise price for such shares hereunder as of the date the Stock Appreciation Right is exercised, or (ii) [specify a percentage, e.g., 200%] of the aggregate exercise price for such shares hereunder. The amount payable upon exercise of such Stock Appreciation Right may be settled by payment in cash or in shares of the class then subject to this Option (valued on the basis of their Fair Market Value on the date the Stock Appreciation Right is exercised), or in a combination of cash and such shares so valued. No The Company shall have sole discretion to determine the form of settlement of such Stock Appreciation Right, upon exercise thereof, although the Grantee or other person exercising it may, in connection with his exercise thereof, indicate his preferences subject to the consent or disapproval of the Company. Notwithstanding the foregoing, no Stock Appreciation Right may be exercised, in whole or in part, (ia) other than in connection with the contemporaneous surrender without exercise of this Option or of the portion thereof hereof that corresponds to the portion of the Stock Appreciation Right being exercised, or (iib) except to the extent that this Option or such portion thereof is exercisable on the date of the exercise of the Stock Appreciation Right by the Person person exercising the Stock Appreciation Right, or (iiic) unless the class of stock then subject to this Option is then Publicly TradedTraded (as defined herein).

Stock Appreciation Rights. The Grantee or other person entitled to exercise this Option is further hereby granted the right ("“Stock Appreciation Right"”) in lieu of exercising this Option or any portion thereof to receive an amount equal to the lesser of (a) the excess of the Fair Market Value of the stock subject to this Option or such portion thereof over the aggregate exercise price for such shares hereunder as of the date the Stock Appreciation Right is exercised. The amount payable upon exercise of such Stock Appreciation Right may be settled by payment in cash or in shares of the class then subject to this Option valued on the basis of their Fair Market Value on the date Stock Appreciation Right is exercised, or in a combination of cash and such shares so valued. No Stock Appreciation Right may be exercised, in whole or in part, (i) other than in connection with the contemporaneous surrender without exercise of this Option or the portion thereof that corresponds to the portion of the Stock Appreciation Right being exercised, or (ii) except to the extent that this Option or such portion thereof is exercisable on the date of exercise of the Stock Appreciation Right by the Person exercising the Stock Appreciation Right, or (iii) unless the class of stock then subject to this Option is then Publicly Traded.

Stock Appreciation Rights. The Grantee or other person entitled to exercise this Option is further hereby granted the right ("Stock Appreciation Right") in lieu of exercising this Option option or any portion thereof to receive an amount equal to the lesser of (a) the excess of the Fair Market Value (defined below) of the stock shares subject to this Option or such portion thereof over the aggregate exercise price for such shares hereunder as of the date the Stock Appreciation Right is exercised, which in no event shall be more than nine (9) months after the vesting of such right. Non-employee plan participants are eligible for equity value increases only pursuant to this section. The amount payable upon exercise of such Stock Appreciation Right may be settled by payment in cash or cash equivalent or in shares of the class then subject to this Option (valued on the basis of their Fair Market Value on the date the Stock Appreciation Right is exercised), or in a combination of cash or cash equivalent and such shares so valued. No The Company shall have sole discretion to determine the form of settlement of such Stock Appreciation Right, upon exercise thereof, although the Grantee or other person exercising it may, in connection with his exercise thereof, indicate his preferences subject to the consent or disapproval of the Company. Notwithstanding the foregoing, no Stock Appreciation Right may be exercised, in whole or in part, (i) other than in connection with the contemporaneous surrender without exercise of this Option or the portion thereof that corresponds to the portion of the Stock Appreciation Right being exercised, or (ii) except to the extent that this Option or such portion thereof is exercisable on the date of exercise of the Stock Appreciation Right by the Person exercising the Stock Appreciation Right, or (iii) unless the class of stock then subject to this Option is then Publicly Traded.: