UNITED STATES PARTICIPANTS. The provisions of this section 22 apply to Eligible Participants who are subject to United States income tax (“US Participants”), and will supersede any inconsistent terms of this Plan or any option agreement. An option awarded to a US Participant will be designated in an option agreement as either an Incentive Stock Option or a Nonstatutory Stock Option at the time the option is granted. An Incentive Stock Option (or “ISO”) is an option awarded to a US Participant that is intended to comply with Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”). A Nonstatutory Stock Option (or “NSO”) is an option other than an ISO that is awarded to a US Participant. An ISO and NSO will collectively be referred to as a “US Option.” An ISO may only be awarded to an individual who is an employee of the Company, or a parent or subsidiary corporation of the Company (as defined in Code Section 424), on the date the ISO is granted. In this regard, all employees of the Company (or any corporation treated as parent or subsidiary of the Company under Code Section 424), will be eligible to be awarded ISOs under the Plan. An NSO may be awarded to an employee or a non-employee service provider to the Company or any entity treated as a subsidiary of the Company for purposes of Code Section 409A.
UNITED STATES PARTICIPANTS. In addition to the terms of the Plan, the Investment Regulations and this Agreement, any award under the Plan to an Employee subject to taxation in respect of their remuneration in the United States is subject to the following terms and conditions as set forth below.
