Extended Exercise Period. In the event the Employee experiences a Terminating Event within the 3 months immediately prior to a Change in Control that occurs on or before September 1, 2020 or within the 12 months immediately following a Change in Control that occurs on or before September 1, 2020, and the Employee has signed a Separation Agreement and Release that has become irrevocable and is entitled to the benefits under Section 4 of the Severance and Change in Control Agreement, then notwithstanding anything to the contrary in the applicable option agreement or stock-based award agreement, the exercise period with respect to the Employee’s vested stock options shall not expire until the earlier of (i) the original 10-year expiration date for such vested stock options as provided in the applicable option agreement, or (ii) two years after the Date of Termination.
Extended Exercise Period. In the event Executive’s employment with the Company terminates for any reason, all Executive’s stock options which were outstanding as of the Effective Date and which are vested as of the date of such termination shall remain exercisable until the date that is eighteen months following the date of such termination or, if earlier, the date of such options’ expiration.
Extended Exercise Period. Following a Change of Control, if a Participant’s employment terminates for any reason other than retirement or death, any Options held by such Participant may be exercised by such Participant until the earlier of ninety (90) days after the termination of employment or the expiration date of such Options, provided, however, that this provision shall not reduce the exercise period otherwise authorized under the applicable Award Agreement; and
Extended Exercise Period. The Company will amend the regular post-termination exercise period applicable to your currently-outstanding stock options granted under the Onyx Pharmaceuticals, Inc. 2005 Equity Incentive Plan, as amended (the “Equity Plan”) so that you may exercise those stock options until the earliest of the following (the “Extended Options Exercise Period”): (A) six (6) months following the last day of the Consulting Period (as defined in Section 4(a)), (B) the Expiration Date set forth in the applicable stock option agreement, (C) the effective date of a Change in Control (as defined in the Equity Plan), and (D) the date you breach this Agreement or your Confidential Information Agreement (as defined below).
Extended Exercise Period. Effective as of the Waiver Effective Date, your period to exercise vested Options shall be extended until March 31, 2018, notwithstanding the terms of the Options.
Extended Exercise Period. Executive acknowledges and agrees that he currently holds 116,137 vested, non-qualified stock options (the “Extended Options”), which were granted under either the 2006 Equity Plan or the 2015 Employee Equity Incentive Plan (the “2015 Equity Plan”). Pursuant to Section 7.7.2 of both the 2006 Equity Plan and the 2015 Equity Plan, Executive would have ninety (90) days following the Separation Date to exercise the Extended Options. The Company hereby agrees to extend the exercise period for such Extended Options from ninety (90) days to twelve (12) months following the Separation Date.
Extended Exercise Period. The period in which Executive must exercise his vested Options pursuant to the Stock Agreements will be extended from 90-days following the Separation Date, as currently provided in the Stock Agreements, to a period of twelve (12) months following the Separation Date. The exercise of Executives Options shall in all other respects continue to be governed by the Stock Agreements.
Extended Exercise Period. Subject to this Agreement becoming effective on the Effective Date, Employee shall have a nine (9) month Extended Exercise Period, commencing on Employee’s Termination Date, during which Employee may exercise any and all of his vested stock options. The exercise of Employee’s vested stock options shall continue to be governed by the terms and conditions of the Company’s Stock Option Agreements. Employee understands that these amendments may disqualify Employee’s Incentive Stock Options and result in Employee having Non-Statutory Stock Options. Employee acknowledges that in any event, three (3) months and one (1) day from the Termination Date the portion of Employee’s vested but unexercised options under the Stock Option Agreements that formerly qualified as Incentive Stock Options shall cease to qualify as Incentive Stock Options and will be treated for tax purposes as Non-Statutory Stock Options.
Extended Exercise Period. Subject to your continued employment relationship with the Company through the Retention Date, the period of time in which you may exercise each of your then outstanding Company stock options following a termination of your employment relationship with the Company for any reason other than due to death, disability, or Cause (as defined in the Company’s 2020 Stock Option and Grant Plan, as amended from time to time, the Company’s 2021 Stock Option and Incentive Plan, as amended from time to time or the award agreement for the stock option, as applicable), to the extent such stock option is vested on the date of such termination, shall be extended until the earlier of (i) twelve months following such termination and (ii) the applicable “Expiration Date” of the stock option (as set forth in the applicable stock option agreement) (such extension, the “PTEP Extension”). By your signature below you acknowledge that the PTEP Extension may cause a stock option, if it was intended to qualify as an “incentive stock option” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”), to be taxable as a nonqualified stock option under U.S. Federal tax laws. You acknowledge and agree that you are not relying on the Company, its officers, or agents or any representations of the same with respect to the decision of whether to accept this Agreement. The Company encourages you to consult your own personal tax adviser regarding the decision whether to accept this Agreement and the tax impact on you and/or your stock options.
Extended Exercise Period. Subject to this Agreement becoming effective on the Effective Date, Employee shall have a twelve (12) month period following the termination of the Consulting Agreement or the end of the term of the Consulting Agreement, whichever occurs first, during which Employee may exercise any and all of his vested shares of Common Stock underlying any of the Stock Agreements. The exercise of Employee’s vested stock options shall continue to be governed by the terms and conditions of the Stock Option Agreements. Employee understands that these amendments may disqualify any of the options subject to the Option Agreements from qualifying as incentive stock options and result in such options being considered non-statutory stock options. Employee acknowledges that in any event, three (3) months and one (1) day from the Termination Date the portion of Employee’s vested but unexercised options under the Stock Option Agreements that formerly qualified as incentive stock options shall cease to qualify as incentive stock options and will be treated for tax purposes as non-statutory stock options.
