Common use of Disability or Retirement Clause in Contracts

Disability or Retirement. If the Optionee suffers a Disability or retires on or after the Optionee’s Normal Retirement Date, (i) the Option or portion thereof which the Optionee was entitled to exercise on the date of the Optionee’s Termination of Employment shall continue to be exercisable in whole or in part by the Optionee or his or her guardian or legal representative at any time within one (1) year after the Disability Date or date of Termination of Employment by reason of retirement, as the case may be, but in no event after the expiration of the Exercise Term and (ii) unless otherwise determined by the Committee, the unvested portion of the Option shall terminate on the Disability Date or the date of such Termination of Employment by reason of retirement. To the extent the Option is an Incentive Stock Option, it shall only qualify as such for a period of three (3) months from the date of the Optionee’s Termination of Employment by reason of Disability or retirement and it shall be a Nonqualified Stock Option thereafter.

Appears in 3 contracts

Samples: 2001 Stock Incentive Plan Stock Option Agreement (Dasan Zhone Solutions Inc), 2001 Stock Incentive Plan (Zhone Technologies Inc), 2001 Stock Incentive Plan (Zhone Technologies Inc)

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Disability or Retirement. If the Optionee suffers a Disability or retires on or after the Optionee’s 's Normal Retirement Date, (i) the Option or portion thereof which the Optionee was entitled to exercise on the date of the Optionee’s 's Termination of Employment shall continue to be exercisable in whole or in part by the Optionee or his or her guardian or legal representative at any time within one (1) year after the Disability Date or date of Termination of Employment by reason of retirement, as the case may be, but in no event after the expiration of the Exercise Term and (ii) unless otherwise determined by the Committee, the unvested portion of the Option shall terminate on the Disability Date or the date of such Termination of Employment by reason of retirement. To the extent the Option is an Incentive Stock Option, it shall only qualify as such for a period of three (3) months from the date of the Optionee’s 's Termination of Employment by reason of Disability or retirement and it shall be a Nonqualified Stock Option thereafter.

Appears in 2 contracts

Samples: Stock Option Agreement (Tellium Inc), Stock Option Agreement (Tellium Inc)

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Disability or Retirement. If the Optionee suffers a ------------------------ Disability or retires on or after the Optionee’s 's Normal Retirement Date, (i) the Option or portion thereof which the Optionee was entitled to exercise on the date of the Optionee’s 's Termination of Employment shall continue to be exercisable in whole or in part by the Optionee or his or her guardian or legal representative at any time within one (1) year after the Disability Date or date of Termination of Employment by reason of retirement, as the case may be, but in no event after the expiration of the Exercise Term and (ii) unless otherwise determined by the Committee, the unvested portion of the Option shall terminate on the Disability Date or the date of such Termination of Employment by reason of retirement. To the extent the Option is an Incentive Stock Option, it shall only qualify as such for a period of three (3) months from the date of the Optionee’s 's Termination of Employment by reason of Disability or retirement and it shall be a Nonqualified Stock Option thereafter.

Appears in 1 contract

Samples: Special 2001 Stock Incentive Plan Stock Option Agreement (Tellium Inc)

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