Common use of Termination Because of Death or Disability Clause in Contracts

Termination Because of Death or Disability. If Participant is ------------------------------------------ Terminated because of death or Disability of Participant (or Participant dies within three (3) months of Termination when Termination is for any reason other than Participant's Disability or for Cause), the Option, to the extent that it is exercisable by Participant on the Termination Date, may be exercised by Participant (or Participant's legal representative) no later than twelve (12) months after the Termination Date, but in any event no later than the Expiration Date. Any exercise beyond (i) three (3) months after the Termination Date when the Termination is for any reason other than the Participant's death or disability, within the meaning of Section 22(e)(3) of the Code; or (ii) twelve (12) months after the Termination Date when the termination is for Participant's disability, within the meaning of Section 22(e)(3) of the Code, is deemed to be an NQSO.

Appears in 7 contracts

Samples: Stock Option Agreement (Tibco Software Inc), Stock Option Agreement (Cacheflow Inc), Stock Option Agreement (Tibco Software Inc)

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Termination Because of Death or Disability. If Participant is ------------------------------------------ Terminated because of death or Disability of Participant (or Participant dies within three (3) months of Termination when Termination is for any reason other than Participant's ’s Disability or for Cause), the Option, to the extent that it is exercisable by Participant on the Termination Date, may be exercised by Participant (or Participant's ’s legal representative) no later than twelve (12) months after the Termination Date, but in any event no later than the Expiration Date. Any exercise beyond (i) three (3) months after the Termination Date when the Termination is for any reason other than the Participant's ’s death or disability, within the meaning of Section 22(e)(3) of the Code; or (ii) twelve (12) months after the Termination Date when the termination is for Participant's ’s disability, within the meaning of Section 22(e)(3) of the Code, is deemed to be an NQSO.

Appears in 6 contracts

Samples: Stock Option Agreement (Twitter, Inc.), Stock Option Agreement (Cisco Systems Inc), Stock Option Agreement (Cisco Systems Inc)

Termination Because of Death or Disability. If Participant is ------------------------------------------ Terminated because of death or Disability of Participant (or Participant dies within three (3) months of Termination when Termination is for any reason other than Participant's Disability or for Cause), the Option, to the extent that it is exercisable by Participant on the Termination Date, may be exercised by Participant (or Participant's legal representative) no later than twelve (12) months after the Termination Date, but in any event no later than the Expiration Date. Any exercise beyond (i) three (3) months after the Termination Date when the Termination is for any reason other than the Participant's death or disability, within the meaning of Section 22(e)(3) of the Code; or (ii) twelve (12) months after the Termination Date when the termination is for Participant's disability, within the meaning of Section 22(e)(3) of the Code, is deemed to be an NQSO.

Appears in 4 contracts

Samples: Stock Option Agreement (Netscreen Technologies Inc), Stock Option Exercise Agreement (HNC Software Inc/De), Stock Option Agreement (Handspring Inc)

Termination Because of Death or Disability. If Participant ------------------------------------------ is ------------------------------------------ Terminated because of death or Disability of Participant (or Participant dies within three (3) months of Termination when Termination is for any reason other than Participant's Disability or for Cause), the Option, to the extent that it is exercisable by Participant on the Termination Date, may be exercised by Participant (or Participant's legal representative) no later than twelve (12) months after the Termination Date, but in any event no later than the Expiration Date. Any exercise beyond (i) three (3) months after the Termination Date when the Termination is for any reason other than the Participant's death or disability, within the meaning of Section 22(e)(3) of the Code; or (ii) twelve (12) months after the Termination Date when the termination is for Participant's disability, within the meaning of Section 22(e)(3) of the Code, is deemed to be an NQSO.

Appears in 3 contracts

Samples: Davis Stock Option Plan and Agreement (Oni Systems Corp), Stock Option Agreement (Tibco Software Inc), Davis Stock Option Plan and Agreement (Oni Systems Corp)

Termination Because of Death or Disability. If ------------------------------------------ Participant is ------------------------------------------ Terminated because of death or Disability of Participant (or Participant dies within three (3) months of Termination when Termination is for any reason other than Participant's Disability or for Cause), the Option, to the extent that it is exercisable by Participant on the Termination Date, may be exercised by Participant (or Participant's legal representative) no later than twelve (12) months after the Termination Date, but in any event no later than the Expiration Date. Any exercise beyond (i) three (3) months after the Termination Date when the Termination is for any reason other than the Participant's death or disability, within the meaning of Section 22(e)(3) of the Code; or (ii) twelve (12) months after the Termination Date when the termination is for Participant's disability, within the meaning of Section 22(e)(3) of the Code, is deemed to be an NQSO.

Appears in 2 contracts

Samples: Stock Option Exercise Agreement (Tibco Software Inc), Stock Option Agreement (Tibco Software Inc)

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Termination Because of Death or Disability. If Participant is ------------------------------------------ Terminated because of the death or Disability of Participant (or if Participant dies within three (3) months of Termination when Termination is for any reason other than Participant's ’s Disability or for Cause), the Option, to the extent that it is exercisable by Participant on the Termination Date, may be exercised by Participant (or Participant's ’s legal representative) no later than twelve (12) months after the Termination Termination. Date, but in any event no later than the Expiration Date. Any exercise beyond (i1) three (3) months after the Termination Date when the Termination is for any reason other than the Participant's ’s death or disability, within the meaning of Section 22(e)(3) of the Code; : or (ii) twelve (12) months after the Termination Date when the termination is for Participant's ’s disability, within the meaning of Section 22(e)(3) of the Code, is deemed deemed, to be an NQSO.

Appears in 1 contract

Samples: Stock Option Agreement (VG Acquisition Corp.)

Termination Because of Death or Disability. If Participant is ------------------------------------------ Terminated because of death or Disability of Participant (or Participant dies within three (3) months of Termination when Termination is for any reason other than for Cause or because of Participant's Disability death or for CauseDisability), the . The Option, to the extent that it is exercisable by Participant on the Termination Date, may be exercised by Participant (or Participant's legal representative) no later than twelve (12) months after the Termination Date, but in any event no later than the Expiration Date. Any exercise beyond (ia) three (3) months after the Termination Date when the Termination is for any reason other than the Participant's death or disability, within the meaning of Section 22(e)(3) of the Code; or (iib) twelve (12) months after the Termination Date when the termination is for Participant's death or disability, within the meaning of Section 22(e)(3) of the Code, is deemed to be an NQSO.

Appears in 1 contract

Samples: Stock Option Agreement (E Trade Group Inc)

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