Example ContractsClausesholder’s exercise limitationsVariants
Remove:

Limitations. Each Option will be designated in the Award Agreement as either an Incentive Stock Option or a Nonstatutory Stock Option. Notwithstanding such designation, however, to the extent that the aggregate Fair Market Value of the Shares with respect to which Incentive Stock Options are exercisable for the first time by the Participant during any calendar year (under all plans of the Company and any Parent or Subsidiary) exceeds , such Options will be treated as Nonstatutory Stock Options. For purposes of this [Section 6.3], Incentive Stock Options will be taken into account in the order in which they were granted, the Fair Market Value of the Shares will be determined as of the time the Option with respect to such Shares is granted, and calculation will be performed in accordance with Code Section 422 and the U.S. Treasury Regulations promulgated thereunder.

Limitations.Incentive Stock Option Limit. Each Option willshall be designated in the AwardOption Agreement as either an Incentive Stock Option or a Nonstatutory Stock Option. NotwithstandingHowever, notwithstanding such designation, however, to the extent that the aggregate Fair Market Value of the Shares with respect to which Incentive Stock Options are exercisable for the first time by the ParticipantOptionee during any calendar year (under all plans of the Company and any Parent or Subsidiary) exceeds , such Options willshall be treated as Nonstatutory Stock Options. For purposes of this [Section 6.3],6(a)]: # Incentive Stock Options willshall be taken into account in the order in which they were granted,granted and # the Fair Market Value of the Shares willshall be determined as of the time the Option with respect to such Shares is granted, and calculation will be performed in accordance with Code Section 422 and the U.S. Treasury Regulations promulgated thereunder.granted.

Limitations. Limitation for Incentive Stock Options. Each Option willshall be designated in the Award Agreement as either an Incentive Stock Option or a NonstatutoryNon-statutory Stock Option. NotwithstandingHowever, notwithstanding such designation, however, to the extent that the aggregate Fair Market Value of the Shares with respect to which Incentive Stock Options are exercisable for the first time by thea Participant during any calendar year (under all plans of the Company and any Parent or Subsidiary) exceeds , such Options willshall be treated as NonstatutoryNon-statutory Stock Options. For purposes of this [Section 6.3]6], Incentive Stock Options willshall be taken into accountdisqualified as such in the reverse order in which they were granted, thegranted. The Fair Market Value of the Shares willshall be determined as of the time the OptionOptions with respect to such Shares is granted, and calculation will be performed in accordance with Code Section 422 and the U.S. Treasury Regulations promulgated thereunder.are granted.

Limitations. Each Option will be designated in the Award Agreement as either an Incentive Stock Option or a Nonstatutory Stock Option.ISO Limitation. Notwithstanding such designation, however,any designation under [Section 5(b)], to the extent that the aggregate Fair Market Value of the Shares with respect to which Options designated as Incentive Stock Options are exercisable for the first time by the Participantany Optionee during any calendar year (under all plans of the Company andor any Parent or Subsidiary) exceeds , such excess Options willshall be treated as Nonstatutory Stock Options. For purposes of this [Section 6.3]5(c)], Incentive Stock Options willshall be taken into account in the order in which they were granted, and the Fair Market Value of the Shares willsubject to an Incentive Stock Option shall be determined as of the timedate of the Option with respect togrant of such Shares is granted, and calculation will be performedOption, each in accordance with Code Section 422 and the U.S. Treasury Regulations promulgated thereunder.Code.

Limitations. Each Option will be designated in the Award Agreement as either anFair Market Value Limitation for Incentive Stock Option or a Nonstatutory Stock Option. Notwithstanding such designation, however, toOptions. To the extent that the aggregate Fair Market Value of the Shares with respect to whichOptions designated as Incentive Stock Options are(granted under all equity plans of the Company, including the Plan) become exercisable by a Participant for the first time by the Participant during any calendar year (under all plans of the Company and any Parent or Subsidiary) exceedsfor Common Stock having a Fair Market Value greater than , the portion of such Incentive Stock Options willwhich exceeds such amount shall be treated as Nonstatutory Stock Options. For purposes of this [Section 6.3],Section, Options designated as Incentive Stock Options willshall be taken into account in the order in which they were granted, and the Fair Market Value of the Shares willCommon Stock shall be determined as of the time the Option with respect to such SharesCommon Stock is granted,granted. If the Code is amended to provide for a limitation different from that set forth in this Section, such different limitation shall be deemed incorporated herein effective as of the date and calculation willwith respect to such Options as required or permitted by such amendment to the Code. If an Option is treated as an Incentive Stock s of such designation, the Participant shall be performed in accordance with Code Section 422 anddeemed to have exercised the U.S. Treasury Regulations promulgated thereunder.Incentive Stock Option portion of the Option first. Upon exercise, shares issued pursuant to each such portion of the Option shall be separately identified.

Limitations.Number of Shares. Each Option will be designated in the Award Agreement shall state that it covers a specified number of Shares, as either an Incentive Stock Option or a Nonstatutory Stock Option. Notwithstanding such designation, however, todetermined by the Administrator. To the extent that the aggregate Fair Market Value of the Shares with respect to which Options designated as Incentive Stock Options are exercisable for the first time by theany Participant during any calendar year (under all plans of the Company and any Parent or Subsidiary)Affiliated Entity) exceeds , such Options willshall be treated as Nonstatutorynot being Incentive Stock Options. For purposes of this [Section 6.3], Incentive StockThe foregoing shall be applied by taking Options will be taken into account in the order in which they were granted,granted. For the purposes of the foregoing, the Fair Market Value of the Shares willany Share shall be determined as of the time the Option with respect to such SharesShare is granted, and calculation willgranted. In the event the foregoing results in a portion of an Option designated as an Incentive Stock Option exceeding the limitation, only such excess shall be performed in accordance with Code Section 422 and the U.S. Treasury Regulations promulgated thereunder.treated as not being an Incentive Stock Option.

Limitations. Each Option will beNotwithstanding the above, if designated in the Award Agreement as either an Incentive Stock Option, in the event that the Shares subject to this Option (and all other Incentive Stock Options granted to Optionee by the Company or any Parent or Subsidiary, including under other plans of the Company) that first become exercisable in any calendar year have an aggregate fair market value (determined for each Share as of the date of grant of the option covering such Share) in excess of , the Shares in excess of shall be treated as subject to a Nonstatutory Stock Option. Notwithstanding such designation, however, to the extent that the aggregate Fair Market Value of the Shares with respect to which Incentive Stock Options are exercisable for the first time by the Participant during any calendar year (under all plans of the Company and any Parent or Subsidiary) exceeds , such Options will be treated as Nonstatutory Stock Options. For purposes of this [Section 6.3], Incentive Stock Options will be taken into account in the order in which they were granted, the Fair Market Value of the Shares will be determined as of the time the Option with respect to such Shares is granted, and calculation will be performedOption, in accordance with Code Section 422 and[Section 5(c)] of the U.S. Treasury Regulations promulgated thereunder.Plan.

Limitations. EachThe terms of any Incentive Stock Option will be designatedgranted under the Plan shall comply in all respects with the Award Agreementprovisions of Section 422 of the Code, or any successor provision thereto, and any regulations promulgated thereunder. Notwithstanding any designation as either an Incentive Stock Option or a Nonstatutory Stock Option. Notwithstanding such designation, however,Option, to the extent that the aggregate Fair Market Valuefair market value of the Shares with respectsubject to whicha Participant’s Incentive Stock Options arethat become exercisable for the first time by the Participant during any calendar year (under all plans of the Company and any Parent or Subsidiary) exceeds , such excess Options willshall be treated as NonstatutoryNon-Qualified Stock Options. For purposes of this [Section 6.3],the foregoing, Incentive Stock Options willshall be taken into account in the order in which they were granted, and the Fair Market Valuefair market value of the Shares willshall be determined as of the timedate of the Option with respect togrant of such Shares is granted, and calculation will be performed in accordance with Code Section 422 and the U.S. Treasury Regulations promulgated thereunder.Option.

Limitations. Each Option will be designated in the Award Agreement as either an Incentive Stock Option or a Nonstatutory Stock Option. Notwithstanding such designation, however, to the extent that the aggregate Fair Market Value (determined as of the Sharesdate the Option is granted) of the shares of Common Stock with respect to which Incentive Stock Options are exercisable for the first time by theany Participant during any calendar year (under(together with any other “incentive stock options” within the meaning of Section 422 of the Code, but without regard to subsection # of such Section) under the Plan and all other plans of the CompanyCompany, its parent (if any) and any ParentSubsidiary) shall not exceed or Subsidiary) exceeds , such other amount as may subsequently be specified by the Code; provided that, to the extent that such limitation is exceeded, any excess Options will(as determined under the Code) shall be treated asdeemed to be Nonstatutory (Nonqualified) Stock Options. For purposes of this [Section 6.3], Incentive Stock Options will be taken into account in the order in which they were granted, the Fair Market Value of the Shares will be determined as of the time the Option with respect to such Shares is granted, and calculation will be performed in accordance with Code Section 422 and the U.S. Treasury Regulations promulgated thereunder.Options;

Limitations. Each Option will be designated in the Award Agreement as either an Incentive Stock Option or a NonstatutoryOptions. Incentive Stock Option. Notwithstanding such designation, however,Options may only be granted to employees of the Company. For so long as the Code shall so provide, Options granted to any employee under the Plan (and any other incentive stock option plans of the Company) which are intended to constitute Incentive Stock Options shall not constitute Incentive Stock Options to the extent that such Options, in the aggregate Fair Market Value of the Shares with respect to which Incentive Stock Options areaggregate, become exercisable for the first time by the Participant duringin any one calendar year (under all plansfor shares of the Company and any Parent or Subsidiary) exceeds , such Options will be treated as NonstatutoryCommon Stock Options. For purposes of this [Section 6.3], Incentive Stock Options will be taken into account in the order in which they were granted, the Fair Market Value of the Shares will be determinedwith an aggregate fair market value (determined as of the timerespective date or dates of grant) of more than . If an Option is intended to be an Incentive Stock Option, and if for any reason such Option (or any portion thereof) shall not qualify as an Incentive Stock Option, then, to the extent of such nonqualification, such Option with respect(or portion thereof) shall be regarded as a non-statutory Option appropriately granted under the Plan provided that such Option (or portion thereof) otherwise meets the Plan’s requirements relating to such Shares is granted, and calculation will be performed in accordance with Code Section 422 and the U.S. Treasury Regulations promulgated thereunder.non-statutory Options.

Load more...
Select clause to view document information.

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.