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 other than because of 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 (a) 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 (b) 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: Equity Incentive Plan Stock Option Agreement (Gas & Oil Technology Inc), Equity Incentive Plan Stock Option Agreement (Gas & Oil Technology Inc), Stock Option Agreement (Crispin Neal D)

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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 other than because of 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 (a) 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 (b) 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 2 contracts

Samples: Stock Option Agreement (Informix Corp), Equity Incentive Plan Stock Option Agreement (Newgen Results 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 because of 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 (a) 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 Internal Revenue Code of 1986, as amended (the “Code”); or (b) 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 2 contracts

Samples: Stock Option Agreement (Omniture, Inc.), Stock Option Agreement (Omniture, 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 because of 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) 12 months after the Termination Date, but in any event no later than the Expiration Date. Any exercise beyond (ai) 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 (bii) twelve (12) 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 2 contracts

Samples: Stock Option Agreement (Zynga Inc), Stock Option Agreement (Zynga 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 because of 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 (a) 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 U.S. Internal Revenue Code of 1986, as amended (the “Code”); or (b) 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 1 contract

Samples: Stock Option Agreement (Omniture, 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 other than because of 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 (a) 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 (b) 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 1 contract

Samples: Stock Oprion Agreement (Liquid Audio Inc)

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

Appears in 1 contract

Samples: 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 after Termination other than because of Participant's Disability death or for CauseDisability), the this Option, to the extent that it is exercisable by Participant on the Termination Date, may be exercised by Participant (or Participant's legal representativerepresentative or authorized assignee) no later than twelve (12) months after the Termination Date, but in any event no later than the Expiration Date. Any exercise beyond (a) 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 (b) 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, Code is deemed to be the exercise of an NQSO.

Appears in 1 contract

Samples: Stock Option Agreement (HNC Software Inc/De)

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