Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 6 contracts
Sources: Incentive Stock Option Agreement (Cisco Systems Inc), Securities Agreement (Broadcom Corp), Incentive Stock Option Agreement (Jda Software Group Inc)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 8.3 in connection with a Transfer of ControlCorporate Transaction, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.or
Appears in 6 contracts
Sources: Nonstatutory Stock Option Agreement (General Magic Inc), Nonstatutory Stock Option Agreement (General Magic Inc), Nonstatutory Stock Option Agreement (General Magic Inc)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 8 in connection with a Transfer of Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee Participant unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required regulation, including, but not limited to enable Section 409A of the Option to qualify as an Incentive Stock OptionCode. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 5 contracts
Sources: Securities Purchase Agreement (AEye, Inc.), Stock Option Agreement (Gemphire Therapeutics Inc.), Stock Option Agreement (SmartRent, Inc.)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option designated as an Incentive Stock Option in Section 1 to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 5 contracts
Sources: Security Agreement (Diametrics Medical Inc), Security Agreement (Diametrics Medical Inc), Security Agreement (Diametrics Medical Inc)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 8 in connection with a Transfer of Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee Participant unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 3 contracts
Sources: Stock Option Agreement (Halozyme Therapeutics Inc), Securities Purchase Agreement (CreditCards.com, Inc.), Stock Option Agreement (Nayna Networks, Inc.)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 3 contracts
Sources: Non Plan Stock Option Agreement (Jda Software Group Inc), Nonstatutory Stock Option Agreement (Invitrogen Corp), Nonstatutory Stock Option Agreement (Applied Materials Inc /De)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 8.3 in connection with a Transfer of ControlCorporate Transaction, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 3 contracts
Sources: Nonstatutory Stock Option Agreement (General Magic Inc), Nonstatutory Stock Option Agreement (General Magic Inc), Nonstatutory Stock Option Agreement (General Magic Inc)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Sources: Stock Option Agreement (Extreme Networks Inc), Stock Option Agreement (Extreme Networks Inc)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 7 in connection with a Transfer of Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee Participant unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Intelepeer Inc), Securities Purchase Agreement (Intelepeer Inc)
Termination or Amendment. The Board may terminate or amend the Plan ------------------------ or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Sources: Nonstatutory Stock Option Agreement (Pumatech Inc), Incentive Stock Option Agreement (Pumatech Inc)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 8 in connection with a Transfer of Change in Control, no such termination or amendment may adversely affect have a materially adverse effect on the Option or any unexercised portion hereof without the consent of the Optionee Participant unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Magnachip Semiconductor LLC), Securities Purchase Agreement (Magnachip Semiconductor LLC)
Termination or Amendment. The Board may terminate or amend the Plan ------------------------ or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Sources: Incentive Stock Option Agreement (Krause L William), Incentive Stock Option Agreement (Krause L William)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionincentive stock option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Sources: Stock Option Agreement (PDL Biopharma, Inc.), Incentive Stock Option Agreement (Network Computing Devices Inc)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the an Option designated as an Incentive Stock Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of ControlSections 3, 8 and 9, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Sources: Nonstatutory Stock Option Agreement (Invitrogen Corp)
Termination or Amendment. The Board may terminate or amend the Plan or the this Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Sources: Non Statutory Stock Option Agreement (Eco Soil Systems Inc)
Termination or Amendment. The Board may terminate or amend the Plan or ------------------------ the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 the Plan in connection with a Transfer of Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the an Option designated as an ISO to qualify as an Incentive Stock OptionISO. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section Sections 8.1 and 8.2 in connection with a Transfer transfer of Controlcontrol, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option, if designated an Incentive Stock Option in the Notice, to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of ControlSections 3 and 8, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Sources: Outside Director Stock Option Agreement (Invitrogen Corp)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable an Option designated as an Incentive Stock Option in the Option Grant Agreement to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board or Committee may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 8.1 in connection with a Transfer of Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee Participant unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing. 20.
Appears in 1 contract
Sources: Incentive Stock Option Agreement (Netscape Communications Corp)
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of ControlSections 3, 8 and 9, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer Change of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option designated as an incentive stock option in the Grant Agreement to qualify as an Incentive Stock Optionincentive stock option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Sub-Plan or the Option at any time; provided, however, that except as provided in Section 8.2 8 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or the Option Amended Portion at any time; provided, however, that except as provided in Section 8.2 under the Plan in connection with a Transfer of Change in Control, no such termination or amendment may adversely affect the Option Amended Portion or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Sources: Correction to Letter Agreement (Power Integrations Inc)
Termination or Amendment. The Board may terminate or amend the Plan or ------------------------ the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.is
Appears in 1 contract
Sources: Incentive Stock Option Agreement (Jda Software Group Inc)
Termination or Amendment. The Board or Committee may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 8 in connection with a Transfer of Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee Participant unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Optionregulation. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Change in Control, no such termination or amendment may adversely affect the Option or any unexercised portion hereof without the consent of the Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation or is required to enable the Option to qualify as an Incentive Stock Option. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 1 contract