Common use of Type of Option Clause in Contracts

Type of Option. The Option is intended to be a Nonqualified Stock Option. It is not intended to qualify as an Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision thereto.

Appears in 18 contracts

Samples: Option Agreement (United Community Banks Inc), Option Agreement (United Community Banks Inc), Nonqualified Stock Option Agreement (Internet Security Systems Inc/Ga)

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Type of Option. The Option is intended to be a Nonqualified Stock ---------------- Option. It is not intended to qualify as an Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision thereto.

Appears in 8 contracts

Samples: Stock Option Agreement (Hienergy Technologies Inc), Stock Option Agreement (Hienergy Technologies Inc), Stock Option Agreement (Hienergy Technologies Inc)

Type of Option. The Option is intended a non-qualified stock option and is not eligible to be a Nonqualified Stock Option. It is not intended to qualify as an Incentive Stock Option incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision thereto(the "Code").

Appears in 7 contracts

Samples: Stock Option Agreement (Crexendo, Inc.), Employment Agreement (Netgateway Inc), Employment Agreement (Netgateway Inc)

Type of Option. The Option is intended to be a Nonqualified Stock Option. It nonqualified stock option which is not intended to qualify as an Incentive Stock Option within the meaning of Section be governed by section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision theretoamended.

Appears in 5 contracts

Samples: Deferred Stock Unit Award Agreement (Mens Wearhouse Inc), Deferred Stock Unit Award Agreement (Mens Wearhouse Inc), Employee Stock Compensation Plan (Interleukin Genetics Inc)

Type of Option. The This Option is intended to be a Nonqualified Stock Option. It nonqualified stock option which -------------- is not intended to qualify as an Incentive Stock Option within the meaning of Section be governed by section 422 of the Internal Revenue Code of 1986, as amended from time amended, but is intended to time, or any successor provision theretobe a nonqualified stock option subject to the provisions of Section 83 of the Code.

Appears in 5 contracts

Samples: Nonqualified Stock Option Agreement (American Homestar Corp), Nonqualified Stock Option Agreement (American Homestar Corp), Nonqualified Stock Option Agreement (American Homestar Corp)

Type of Option. The Option is intended to be a Nonqualified Stock --------------- Option. It is not intended to qualify as an Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision thereto.

Appears in 4 contracts

Samples: Consulting Agreement (Hienergy Technologies Inc), Option Agreement (Planet Earth Recycling Inc), Stock Option Agreement (Quadracomm Inc)

Type of Option. The This Option is intended eligible to be a Nonqualified an incentive stock option (an "Incentive Stock Option. It is not intended to qualify as an Incentive Stock Option ") within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time (the "Code"); provided that to timethe extent this Option does not qualify as an Incentive Stock Option under the Code, or any successor provision theretoit shall constitute a nonqualified stock option.

Appears in 3 contracts

Samples: Stock Option Agreement (Heafner Tire Group Inc), Stock Option Agreement (Heafner Tire Group Inc), Stock Option Agreement (California Tire Co)

Type of Option. The Option is intended to be a Nonqualified Non-Qualified Stock Option. It Option that is not intended to qualify as an Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision theretoamended.

Appears in 3 contracts

Samples: Agreement (Pennsylvania Enterprises Inc), Stock Option (Pennsylvania Enterprises Inc), Agreement (Pennsylvania Enterprises Inc)

Type of Option. The Option is an incentive stock option which is intended to be a Nonqualified Stock Optiongoverned by section 422 of the Code. It is not intended To the extent the Option or any part thereof fails to qualify as an Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986incentive stock option, it shall be treated as amended from time to time, or any successor provision theretoa nonqualified stock option.

Appears in 3 contracts

Samples: Performance Incentive Stock Option Award Agreement (Tuesday Morning Corp/De), Performance Incentive Stock Option Award Agreement (Tuesday Morning Corp/De), Incentive Stock Option Award Agreement (Tuesday Morning Corp/De)

Type of Option. The Option option is intended a non-statutory stock option which shall not be deemed to be a Nonqualified Stock Option. It is not intended to qualify meet the requirements of an incentive stock option as an Incentive Stock Option within the meaning of defined in Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision theretoamended.

Appears in 3 contracts

Samples: Non Statutory Stock Option Agreement (Kaman Corp), Non Statutory Stock Option Agreement (Kaman Corp), Non Statutory Stock Option Agreement (Kaman Corp)

Type of Option. The Option is an incentive stock option which is intended to be a Nonqualified Stock Optiongoverned by section 422 of the Code and will be interpreted accordingly. It is not intended To the extent the Option or any part thereof fails to qualify as an Incentive Stock Option within incentive stock option, it shall be treated as a nonqualified stock option under the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision theretoPlan.

Appears in 2 contracts

Samples: Incentive Stock Option Award Agreement (RigNet, Inc.), Incentive Stock Option Award Agreement (RigNet, Inc.)

Type of Option. The Option is intended to be a Nonqualified Stock Option. It nonqualified stock option which is not intended to qualify as an Incentive Stock Option within the meaning of Section be governed by section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision thereto.amended. For Executive with Change in Control Agreement

Appears in 2 contracts

Samples: Deferred Stock Unit Award Agreement (Mens Wearhouse Inc), Deferred Stock Unit Award Agreement (Mens Wearhouse Inc)

Type of Option. The Option is intended to be a Nonqualified Stock Option. It is not intended to qualify as an Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code Code; provided, however, that nothing in this Agreement shall be interpreted as a representation, guarantee or other undertaking on the part of 1986the Company that the Option is or will be determined to be an Incentive Stock Option within the meaning of Section 422 of the Code. To the extent this Option is not treated as an Incentive Stock Option, it will be treated as amended from time to time, or any successor provision theretoa Nonqualified Stock Option.

Appears in 2 contracts

Samples: Option Agreement (United Community Banks Inc), Option Agreement (United Community Banks Inc)

Type of Option. The Option is intended to be a Nonqualified Non-Qualified Stock Option. It Option that is not intended to qualify as an Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision theretoamended. 4.

Appears in 2 contracts

Samples: Agreement (Pennsylvania Enterprises Inc), Agreement (Pennsylvania Enterprises Inc)

Type of Option. The Option is intended to be a Nonqualified Stock Option. It is nonqualified stock option and shall not intended to qualify be treated as an Incentive Stock Option “incentive stock option” within the meaning of that term under Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision thereto.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Athersys, Inc / New), Nonqualified Stock Option Agreement (Athersys, Inc / New)

Type of Option. The This Option is intended to be a Nonqualified Stock Option. It non-qualified stock option and is not intended to qualify as be an Incentive Stock Option incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision thereto(the "Code").

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Neoware Systems Inc), Non Qualified Stock Option Agreement (Neoware Systems Inc)

Type of Option. The Option is intended to be a Nonqualified Stock Option. It is Option (as defined in the Plan), which shall not intended be deemed to qualify as meet the requirements of an Incentive Stock Option within the meaning of “incentive stock option” under Section 422 of the Internal Revenue Code of 1986, as amended from time to timeamended, or any successor provision theretoprovision.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (KAMAN Corp), Nonqualified Stock Option Agreement (KAMAN Corp)

Type of Option. The Option is intended to shall be treated for all purposes as a Nonqualified Stock Option. It is not intended to qualify as an Incentive Non-Statutory (or Non-Qualified) Stock Option within the meaning of Section 422 of under the Internal Revenue Code of 1986, as amended from time (the “Code”). The Option is not intended to time, or any successor provision theretoqualify as an “Incentive Stock Option” within the provisions of Section 422 of the Code.

Appears in 2 contracts

Samples: Stock Option Agreement (Cambium Learning Group, Inc.), Stock Option Agreement (Cambium Learning Group, Inc.)

Type of Option. The Option is intended to be a Nonqualified Non-qualified Stock -------------- Option. It is not intended to qualify as an Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision thereto.

Appears in 1 contract

Samples: Stock Option Agreement (Hienergy Technologies Inc)

Type of Option. The Option is intended to a “nonqualified stock option.” The Option will not be a Nonqualified Stock Option. It is not intended to qualify treated by the Company as an Incentive Stock Option within the meaning of “incentive stock option” as defined in Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision thereto(the “Code”).

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (1st Constitution Bancorp)

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Type of Option. The This Option is intended to be a Nonqualified Stock Option. It is not intended to qualify as an Incentive Stock Option "incentive -------------- stock option" within the meaning of Section 422 422A of the Internal Revenue Code of 1986, as amended from time amended. The Option is intended to time, or any successor provision theretobe a "Non-Qualified Stock Option" and shall be construed to implement that intent.

Appears in 1 contract

Samples: Technologies Corp. Stock Option Agreement (Skytel Communications Inc)

Type of Option. The This Option is intended to be a Nonqualified eligible to be an incentive stock option (an "Incentive Stock Option. It is not intended to qualify as an Incentive Stock Option ") within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time (the "Code"); provided that to timethe extent this Option does not qualify as an Incentive Stock Option, or any successor provision theretoit shall constitute a nonqualified stock option under the Code.

Appears in 1 contract

Samples: Stock Option Agreement (American Tire Distributors Inc)

Type of Option. The Option option is intended to be a Nonqualified Stock Option. It is nonqualified stock option that does not intended to qualify as an Incentive Stock Option within the meaning of for incentive stock option treatment under Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision theretoamended.

Appears in 1 contract

Samples: Agreement (Lydall Inc /De/)

Type of Option. The Option option is intended to be a Nonqualified Stock Option. It is nonqualified stock option which does not intended to qualify as an Incentive Stock Option within the meaning of for incentive stock option treatment under Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision theretoamended.

Appears in 1 contract

Samples: Agreement (Lydall Inc /De/)

Type of Option. The This Option is intended to be a Nonqualified Stock Option. It is nonqualified stock option and shall not intended to qualify be treated as an Incentive Stock Option "incentive stock option" within the meaning of that term under Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision thereto.amended. 125

Appears in 1 contract

Samples: Stock Option Agreement (Harman International Industries Inc /De/)

Type of Option. The This Option is intended to be a Nonqualified Stock Option. It is not intended to qualify non-qualified stock option as an Incentive Stock Option within the meaning of defined in Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision thereto(the “Code”).

Appears in 1 contract

Samples: Stock Option Agreement (A.C.T. Holdings, Inc.)

Type of Option. The This Option is intended to be a Nonqualified Stock Option. It non-qualified stock option, granted under Part III of the 1995 Plan, and is not intended to qualify as be an Incentive Stock Option incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision thereto(the "Code").

Appears in 1 contract

Samples: Non Employee Director Stock Option Agreement (Neoware Systems Inc)

Type of Option. [The Option is intended to be a Nonqualified Stock Optionnon-qualified stock option. It is not intended eligible to qualify as be an Incentive Stock Option incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time (the "Code").][The Option is eligible to timebe an incentive stock option within the meaning of Section 422 of the Internal Revenue Code of 1986, or any successor provision theretoas amended (the "Code").]

Appears in 1 contract

Samples: Of Stock Option Agreement (Cross Continent Auto Retailers Inc M&l)

Type of Option. The Option is intended to be a Nonqualified Stock Option. It is nonqualified stock option and shall not intended to qualify be treated as an Incentive Stock Option “incentive stock option” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision theretoamended.

Appears in 1 contract

Samples: Nonqualified Stock Option Award Agreement (Kaiser Aluminum Corp)

Type of Option. The This Option is intended to be a Nonqualified Stock Option. It is nonqualified stock option and shall not intended to qualify be treated as an Incentive Stock Option "incentive stock option" within the meaning of that term under Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision theretoamended.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Harman International Industries Inc /De/)

Type of Option. The Option is intended to be a Nonqualified Stock Option. It is not intended to qualify as be an Incentive Stock Option within the meaning of described by Section 422 of the Internal Revenue Code of 1986, as amended from time (the “Code”). Notwithstanding the designation of this Option as a non-qualified stock option, the Corporation makes no representation as to timethe treatment of the Option under any federal, state, local or any successor provision thereto.foreign law and the Corporation has not advised the Optionee on such matters

Appears in 1 contract

Samples: Stock Option Agreement Aquestive Therapeutics (Aquestive Therapeutics, Inc.)

Type of Option. The Option is intended to be a Nonqualified Non-Qualified Stock Option. It Option that is not intended to qualify as an Incentive Stock Option within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision theretoamended. Option No.: _______________

Appears in 1 contract

Samples: Stock Option Agreement (Pennsylvania Enterprises Inc)

Type of Option. The This Option is intended to be a Nonqualified Stock Option. It is nonqualified stock option and shall not intended to qualify be treated as an Incentive Stock Option "incentive stock option" within the meaning of that term under Section 422 of the Internal Revenue Code of 1986, as amended from time to time, or any successor provision thereto.amended. 101

Appears in 1 contract

Samples: Incorporated Nonqualified Stock Option Agreement (Harman International Industries Inc /De/)

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