Incentive Stock Option Uses in Grant of Option Clause

Grant of Option from Notice

FOR GOOD AND VALUABLE CONSIDERATION, Anika Therapeutics, Inc. (the "Company") hereby grants, pursuant to the provisions of the Anika Therapeutics, Inc. 2017 Omnibus Incentive Plan (the "Plan"), to the Grantee designated in this Notice of Grant of Incentive Stock Option (the "Notice of Grant") an Incentive Stock Option to purchase the number of Shares set forth in the Notice of Grant (the "Option"), subject to certain terms and conditions as outlined below in the Notice of Grant and the additional terms and conditions set forth in the attached Terms and Conditions of Stock Option (the "Terms and Conditions," and together with the Notice of Grant, the "Award Agreement").

Grant of Option. The Option granted to the Grantee and described in the Notice of Grant is subject to the terms and conditions of the Plan. The terms and conditions of the Plan are hereby incorporated herein by reference. Except as otherwise expressly set forth herein, the Award Agreement shall be construed in accordance with the terms and conditions of the Plan. Any capitalized term not otherwise defined in the Award Agreement shall have the definition set forth in the Plan. The Committee has approved the grant to the Grantee of the Option, conditioned upon the Grantee's acceptance of the terms and conditions of the Award Agreement within 60 days after the Award Agreement is presented to the Grantee for review. The Option is intended to qualify as an Incentive Stock Option. To the extent that the Option fails to meet the requirements of an Incentive Stock Option or is not designated as an Incentive Stock Option, the Option shall be treated as a Nonqualified Stock Option.

Grant of Option from Stock Award Agreement

You (the "Grantee") have been granted an option to purchase shares of Common Stock, subject to the terms and conditions of this Notice of Stock Option Award (the "Notice"), the Zoompass Holdings, Inc. 2016 Stock Incentive Plan, as amended from time to time (the "Plan") and the Stock Option Award Agreement (the "Option Agreement") attached hereto, as follows. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Notice.

Grant of Option. Zoompass Holdings, Inc., a Nevada corporation (the "Company"), hereby grants to the Grantee (the "Grantee") named in the Notice of Stock Option Award (the "Notice"), an option (the "Option") to purchase the Total Number of Shares of Common Stock subject to the Option (the "Shares") set forth in the Notice, at the Exercise Price per Share set forth in the Notice (the "Exercise Price") subject to the terms and provisions of the Notice, this Stock Option Award Agreement (the "Option Agreement") and the Company's 2016 Stock Incentive Plan, as amended from time to time (the "Plan"), which are incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Option Agreement. If designated in the Notice as an Incentive Stock Option, the Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code. However, notwithstanding such designation, the Option will qualify as an Incentive Stock Option under the Code only to the extent the $100,000 dollar limitation of Section 422(d) of the Code is not exceeded. The $100,000 limitation of Section 422(d) of the Code is calculated based on the aggregate Fair Market Value of the Shares subject to options designated as Incentive Stock Options which become exercisable for the first time by the Grantee during any calendar year (under all plans of the Company or any Parent or Subsidiary of the Company). For purposes of this calculation, Incentive Stock Options shall be taken into account in the order in which they were granted, and the Fair Market Value of the shares subject to such options shall be determined as of the grant date of the relevant option.

Grant of Option from Stock Option Agreement

Unless otherwise defined herein, the terms defined in the Inogen, Inc. 2014 Equity Incentive Plan (the "Plan") will have the same defined meanings in this Stock Option Agreement (the "Agreement"), including the Notice of Stock Option Grant (the "Notice of Grant") and Terms and Conditions of Stock Option Grant, attached hereto as Exhibit A.

Grant of Option. The Company hereby grants to the Participant named in the Notice of Grant (the "Participant") an option (the "Option") to purchase the number of Shares, as set forth in the Notice of Grant, at the exercise price per Share set forth in the Notice of Grant (the "Exercise Price"), subject to all of the terms and conditions in this Agreement and the Plan, which is incorporated herein by reference. Subject to Section 19(c) of the Plan, in the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Agreement, the terms and conditions of the Plan will prevail. If designated in the Notice of Grant as an Incentive Stock Option ("ISO"), this Option is intended to qualify as an ISO under Section 422 of the Internal Revenue Code of 1986, as amended (the "Code"). However, if this Option is intended to be an Incentive Stock Option, to the extent that it exceeds the $100,000 rule of Code Section 422(d) it will be treated as a Nonstatutory Stock Option ("NSO"). Further, if for any reason this Option (or portion thereof) will not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event will the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.

Grant of Option from Notice

FOR GOOD AND VALUABLE CONSIDERATION, Ener-Core, Inc. (the "Company") hereby grants, pursuant to the provisions of the Ener-Core, Inc. 2015 Omnibus Incentive Plan (the "Plan"), to the Grantee designated in this Notice of Grant of Non-qualified Stock Option (the "Notice of Grant") a Non-qualified Stock Option to purchase the number of Shares set forth in the Notice of Grant (the "Option"), subject to certain terms and conditions as outlined below in the Notice of Grant and the additional terms and conditions set forth in the attached Terms and Conditions of Stock Option (together with the Notice of Grant, the "Award Agreement").

Grant of Option. The Option granted to the Grantee and described in the Notice of Grant is subject to the terms and conditions of the Plan. The terms and conditions of the Plan are hereby incorporated herein by reference. Except as otherwise expressly set forth herein, the Award Agreement shall be construed in accordance with the terms and conditions of the Plan. Any capitalized term not otherwise defined in the Award Agreement shall have the definition set forth in the Plan. The Board and the stockholders of the Company have approved the Plan. The Committee has approved the grant to the Grantee of the Option, conditioned upon the Grantee's acceptance of the terms and conditions of the Award Agreement within 60 days after the Award Agreement is presented to the Grantee for review. If designated in the Notice of Grant as an Incentive Stock Option, the Option is intended to qualify as an Incentive Stock Option. To the extent that the Option fails to meet the requirements of an Incentive Stock Option or is not designated as an Incentive Stock Option, the Option shall be treated as a Non-qualified Stock Option.

Grant of Option from Employee Stock Option Agreement

EMPLOYEE STOCK OPTION AGREEMENT, dated as of {GRANT DATE} (this "Agreement"), by and between AVIRAGEN THERAPEUTICS, INC., a Delaware corporation (the "Company"), and {Name} (the "Optionee").

Grant of Option. The Company grants to the Optionee, pursuant to the Plan and the terms and conditions of this Agreement, an option to purchase that number of Shares and at the exercise price set forth on Schedule A (the "Option"). This Option shall have the tax status set forth on Schedule A. Because Schedule A designates this Option as a Non-Qualified Option, it shall be treated as such and shall not be treated as an Incentive Stock Option.

Grant of Option from Stock Option Award Agreement

Unless otherwise defined herein, the terms defined in the Amkor Technology, Inc. Second Amended and Restated 2007 Equity Incentive Plan (the "Plan") will have the same defined meanings in this Stock Option Award Agreement (the "Award Agreement").

Grant of Option. The Company hereby grants to the individual named in this Award Agreement (the "Participant") an option (the "Option") to purchase the number of Shares, as set forth in this Award Agreement, at the exercise price per Share set forth in this Award Agreement (the "Exercise Price"), subject to all of the terms and conditions in this Award Agreement and the Plan, which is incorporated herein by reference. In the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Award Agreement, the terms and conditions of the Plan shall prevail. If designated in the Award Agreement as an Incentive Stock Option ("ISO"), this Option is intended to qualify as an Incentive Stock Option under Section 422 of the Code. However, if this Option is intended to be an Incentive Stock Option, to the extent that it exceeds the $100,000 rule of Code Section 422(d) it shall be treated as a Nonstatutory Stock Option ("NSO").

Grant of Option from Incentive Plan

You, the Participant named below, have been granted the following option (the "Option") to purchase shares of the common stock (the "Common Stock"), of Noble Energy, Inc., a Delaware corporation ("Noble"), on the terms and conditions set forth below and in accordance with the Stock Option Award Agreement (the "Agreement") to which this Summary of Stock Option Award is attached and the Noble Energy, Inc. 2017 Long-Term Incentive Plan (the "Plan"):

Grant of Option. Effective as of the Grant Date, Noble hereby grants to Participant the right and option (the "Option") to purchase the number of shares of Common Stock set forth in the Summary of Stock Option Award at the Exercise Price per share set forth on the Summary of Stock Option Award on the terms and conditions set forth in this Agreement, the Summary of Stock Option Award and the Plan. The Option is intended to be an Incentive Stock Option or a Nonqualified Stock Option, as provided in the Summary of Stock Option Award.

Grant of Option from Stock Option Agreement

Unless otherwise defined herein, the terms defined in the Intevac, Inc. 2012 Equity Incentive Plan (the Plan) will have the same defined meanings in this Stock Option Agreement (the Agreement), which includes the Notice of Stock Option Grant (the Notice of Grant) and Terms and Conditions of Stock Option Grant, attached hereto as Exhibit A.

Grant of Option. The Company hereby grants to the individual named in the Notice of Grant (the Participant) an option (the Option) to purchase the number of Shares, as set forth in the Notice of Grant of Stock Options and Option Agreement (the Notice of Grant), at the exercise price per Share set forth in the Notice of Grant (the Exercise Price), subject to all of the terms and conditions in this Agreement and the Intevac, Inc. 2012 Equity Incentive Plan (the Plan), which is incorporated herein by reference. Subject to Section 20(c) of the Plan, in the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Agreement, the terms and conditions of the Plan will prevail. Unless otherwise defined herein, the terms defined in the Plan will have the same defined meanings in this Stock Option Agreement (the Agreement or Option Agreement), which includes the Notice of Grant and Terms and Conditions of Stock Option Grant and all exhibits to the Agreement. If designated in the Notice of Grant as an Incentive Stock Option (ISO), this Option is intended to qualify as an ISO under Section 422 of the Internal Revenue Code of 1986, as amended (the Code). However, if this Option is intended to be an Incentive Stock Option, to the extent that it exceeds the $100,000 rule of Code Section 422(d) it will be treated as a Non-Qualified Stock Option or Nonstatutory Stock Option (NSO). Further, if for any reason this Option (or portion thereof) will not qualify as an ISO, then, to the extent of such nonqualification, such Option (or portion thereof) shall be regarded as a NSO granted under the Plan. In no event will the Administrator, the Company or any Parent or Subsidiary or any of their respective employees or directors have any liability to Participant (or any other person) due to the failure of the Option to qualify for any reason as an ISO.

Grant of Option from Stock Option Agreement

AirXpanders, Inc. (the Company), pursuant to its 2005 Equity Incentive Plan (the Plan), hereby grants to the Optionee listed below (Optionee), an option to purchase the number of shares of the Companys Common Stock set forth below, subject to the terms and conditions of the Plan and this Stock Option Agreement. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Stock Option Agreement.

Grant of Option. The Company hereby grants to the Optionee an Option to purchase the number of shares of Common Stock (the Shares) set forth in the Notice of Grant, at the exercise price per share set forth in the Notice of Grant (the Exercise Price). Notwithstanding anything to the contrary anywhere else in this Option Agreement, this grant of an Option is subject to the terms, definitions and provisions of the Plan adopted by the Company, which is incorporated herein by reference. If designated in the Notice of Grant as an Incentive Stock Option, this Option is intended to qualify as an Incentive Stock Option as defined in Section 422 of the Code; provided, however, that to the extent that the aggregate Fair Market Value of stock with respect to which Incentive Stock Options (organization) values">Incentive Stock Options (within the meaning of Code Section 422, but without regard to Code Section 422(d)), including the Option, are exercisable for the first time by the Optionee during any calendar year (under the Plan and all other incentive stock option plans of the Company or any Subsidiary) exceeds $100,000, such options shall be treated as not qualifying under Code Section 422, but rather shall be treated as Non-Qualified Stock Options to the extent required by Code Section 422. The rule set forth in the preceding sentence shall be applied by taking options into account in the order in which they were granted. For purposes of these rules, the Fair Market Value of stock shall be determined as of the time the option with respect to such stock is granted.

Grant of Option from Incentive Compensation Plan

Grant of Option. DESTINATION XL GROUP, INC., a Delaware corporation (the "Company"), hereby grants, as of ____________________ ("Date of Grant"), to _______________ (the "Optionee") an option (the "Option") to purchase up to ____ shares of the Company's common stock, $.01 par value per share (the "Shares"), at an exercise price per share equal to $______ (the "Exercise Price"). The Option shall be subject to the terms and conditions set forth herein. The Option was issued pursuant to the Company's 2016 Incentive Compensation Plan (the "Plan") and the Company's Long-Term Incentive Plan (the "LTIP")(a copy of which is attached as Exhibit "A"), which are incorporated herein for all purposes. The Option is a Non-Qualified Stock Option, and not an Incentive Stock Option. The Optionee hereby acknowledges receipt of a copy of the Plan and the LTIP and agrees to be bound by all of the terms and conditions hereof and thereof and all applicable laws and regulations.