Common use of Disability or Retirement Clause in Contracts

Disability or Retirement. If the Employee ceases to be employed by the Company by reason of his or her Disability or Retirement (as defined in the Plan), this Stock Option may be exercised, to the extent otherwise exercisable on the date of the termination of his or her employment, at any time on or before the earlier of (i) the date which is twelve (12) months after the date of such termination or (ii) the Option Expiration Date. Except as otherwise provided with respect to a Change in Control, the Employee shall not be entitled to purchase any shares in excess of the number of shares which the Employee is vested and entitled to purchase under Section 3 as of the date the Employee’s employment so terminates.

Appears in 4 contracts

Samples: Incentive Stock Option Agreement (Applied Optoelectronics, Inc.), Incentive Stock Option Agreement (Applied Optoelectronics, Inc.), Incentive Stock Option Agreement (Applied Optoelectronics, Inc.)

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