Incentive Stock Options. An Option that the Board intends to be an incentive stock option as defined in Section 422 of the Code (an Incentive Stock Option) shall only be granted to employees of [[Organization A:Organization]], any of [[Organization A:Organization]]s present or future parent or subsidiary corporations as defined in [Sections 424(e) or (f)])] of the Code, and any other entities the employees of which are eligible to receive Incentive Stock Options under the Code, and shall be subject to and shall be construed consistently with the requirements of Section 422 of the Code. An Option that is not intended to be an Incentive Stock Option shall be designated a Nonstatutory Stock Option. The Company shall have no liability to a Participant, or any other party, if an Option (or any part thereof) that is intended to be an Incentive Stock Option is not an Incentive Stock Option or if the Company converts an Incentive Stock Option to a Nonstatutory Stock Option.
Incentive Stock Options. An Option that the Board intends to be an incentive stock option as defined in Section 422 of the Code (an Incentive Stock Option) shall only be granted to employees of [[Organization A:Company:Organization]], any of [[Organization A:Company:Organization]]s present or future parent or subsidiary corporations as defined in [Sections 424(e) or (f)])] of the Code, and any other entities the employees of which are eligible to receive Incentive Stock Options under the Code, and shall be subject to and shall be construed consistently with the requirements of Section 422 of the Code. An Option that is not intended to be an Incentive Stock Option shall be designated a Nonstatutory Stock Option. The Company shall have no liability to a Participant, or any other party, if an Option (or any part thereof) that is intended to be an Incentive Stock Option is not an Incentive Stock Option or if the Company converts an Incentive Stock Option to a Nonstatutory Stock Option.
Incentive Stock Options. An Option that the Board intends to be an incentive stock option as defined in Section 422 of the Code (an Incentive Stock Option) shall only be granted only to employees of [[Organization A:Organization]], any of [[Organization A:Organization]]s present or future parent or subsidiary corporations as defined in [Sections 424(e) or (f)])] of the Code, and any other entities the employees of which are eligible to receive Incentive Stock Options under the Code, and shall be subject to and shall be construed consistently with the requirements of Section 422 of the Code. An Option that is not intended to be an Incentive Stock Option shall be designated a Nonstatutory Stock Option. The CompanyBoard and [[Organization A:Organization]] shall have no liability to a Participant, or any other party, if an Option (oror any part thereof)thereof that is intended to be an Incentive Stock Option isdoes not qualify as such. An Option or any part thereof that does not qualify as an Incentive Stock Option or if the Company converts an Incentiveis referred to herein as a Nonstatutory Stock Option to a Nonstatutory Stock Option.
Incentive Stock Options. An Option that the Board intends to be an incentive stock option as defined in Section 422 of the Code (an Incentive Stock Option) shall only be granted to employees of [[Organization A:Organization]],the Company, any of [[Organization A:Organization]]the Companys present or future parent or subsidiary corporations as defined in [Sections 424(e) or (f)])] of the Code, and any other entities the employees of which are eligible to receive Incentive Stock Options under the Code, andCode. The Option shall be subject to and shall be construed consistently with the requirements of Section 422 of the Code, and without limiting generality of the foregoing, the Option shall be deemed to include terms that comply with the eligibility standards described section 422(b) of the Code. AnSubject to the remaining provisions of this Section 5(b), if an Option that is not intended to bequalify as an Incentive Stock Option shalldoes not so qualify, the Board may, at its discretion, amend the Plan and Award with respect to such Option so that such Option qualifies as an Incentive Stock Option. To the extent that the aggregate Fair Market Value (determined at the time of grant) of Common Stock with respect to which Incentive Stock Options are exercisable for the first time by any Participant during any calendar year (under all plans of the Company and any affiliates) exceeds $100,000 (or such other limit established in the Code) or otherwise does not comply with the rules governing Incentive Stock Options, the Options or portions thereof that exceed such limit (according to the order in which they were granted) or otherwise do not comply with the rules will be designated a Nonstatutorytreated as Nonstatutory Stock Option.Options, notwithstanding any contrary provision of the applicable Award. The Company shall have no liability to a Participant, or any other party, if an Option (or any part thereof) that is intended to be an Incentive Stock Option is not an Incentive Stock Option or iffor any action taken by the Company convertsBoard, including without limitation the conversion of an Incentive Stock Option to a Nonstatutory Stock Option.
"Incentive Stock Options. AnOption" shall mean an Option thatof the Board intendstype described in Section 422(b) of the Code issued to be an incentive stock optionEmployee of # the Company, or # a "subsidiary corporation" or a "parent corporation" as defined in Section 422424(f) of the Code (an Incentive Stock Option) shall only be granted to employees of [[Organization A:Organization]], any of [[Organization A:Organization]]s present or future parent or subsidiary corporations as defined in [Sections 424(e) or (f)])] of the Code, and any other entities the employees of which are eligible to receive Incentive Stock Options under the Code, and shall be subject to and shall be construed consistently with the requirements of Section 422 of the Code. An Option that is not intended to be an Incentive Stock Option shall be designated a Nonstatutory Stock Option. The Company shall have no liability to a Participant, or any other party, if an Option (or any part thereof) that is intended to be an Incentive Stock Option is not an Incentive Stock Option or if the Company converts an Incentive Stock Option to a Nonstatutory Stock Option.
Incentive Stock Options. AnDesignation of Option. This Option that the Board intendsis intended to be an incentive stock optionIncentive Stock Option as defined in Section 422 of the Code (an Incentive Stock Option) shall only be granted to employees of [[Organization A:Organization]], any of [[Organization A:Organization]]s present or future parent or subsidiary corporations as definedthe extent so designated in [Sections 424(e) or (f)])] of the Code,Notice, and any other entitiesto the employees of which are eligible to receive Incentive Stock Options under the Code, and shall be subject to and shall be construed consistently with the requirements of Section 422 of the Code. An Option thatextent it is not intendedso designated or to bethe extent the Option does not qualify as an Incentive Stock Option shall be designated a Nonstatutory Stock Option. The Company shall have no liability to a Participant, or any other party, if an Option (or any part thereof) thatunder Applicable Law, then it is intended to be an Incentive Stock Option is not an Incentive Stock Option or if the Company converts an Incentive Stock Option toand will be treated as a Nonstatutory Stock Option.
Incentive Stock Options. AnOption means an Option granted with the intention that the Board intends to beit qualify as an incentive stock option as that term is defined infor purposes of Section 422 of the Code (an Incentive Stock Option) shall only be granted to employees of [[Organization A:Organization]], any of [[Organization A:Organization]]s present or future parent or subsidiary corporations as defined in [Sections 424(e) or (f)])] of the Code, and any other entities the employees of which are eligible to receive Incentive Stock Options under the Code, and shall be subject to and shall be construed consistently with the requirements of Section 422 of the Code. An Option that is not intended to be an Incentive Stock Option shall be designated a Nonstatutory Stock Option. The Company shall have no liability to a Participant, or any other party, if an Option (or any part thereof) that is intended to be an Incentive Stock Option is not an Incentive Stock Option or if the Company converts an Incentive Stock Option to a Nonstatutory Stock Option.successor provision.
“Incentive Stock Options. AnOption” means an Option that the Board intendsintended to be (as set forth in the Grant Agreement) and which qualifies as an incentive“incentive stock option as defined inoption” within the meaning of Section 422422(b) of the Code (an Incentive Stock Option) shall only be granted to employees of [[Organization A:Organization]], any of [[Organization A:Organization]]s present or future parent or subsidiary corporations as defined in [Sections 424(e) or (f)])] of the Code, and any other entities the employees of which are eligible to receive Incentive Stock Options under the Code, and shall be subject to and shall be construed consistently with the requirements of Section 422 of the Code. An Option that is not intended to be an Incentive Stock Option shall be designated a Nonstatutory Stock Option. The Company shall have no liability to a Participant, or any other party, if an Option (or any part thereof) that is intendedsuccessor provision thereto as in effect from time to be an Incentive Stock Option is not an Incentive Stock Option or if the Company converts an Incentive Stock Option to a Nonstatutory Stock Option.time.
“Incentive Option” means any Stock Options. An Option that the Board intendsintended to be and designated as an incentive stock option as defined in“Incentive Stock Option” within the meaning of Section 422 of the Code (an Incentive Stock Option) shall only be granted to employees of [[Organization A:Organization]], any of [[Organization A:Organization]]s present or future parent or subsidiary corporations as defined in [Sections 424(e) or (f)])] of the Code, and any other entities the employees of which are eligible to receive Incentive Stock Options under the Code, and shall be subject to and shall be construed consistently with the requirements of Section 422 of the Code. An Option that is not intended to be an Incentive Stock Option shall be designated a Nonstatutory Stock Option. The Company shall have no liability to a Participant, or any other party, if an Option (or any part thereof) that is intended to be an Incentive Stock Option is not an Incentive Stock Option or if the Company converts an Incentive Stock Option to a Nonstatutory Stock Option.successor provision.
Qualification of Incentive Stock Options. AnNo Incentive Stock Option that the Board intends to be an incentive stock option as defined in Section 422 of the Code (an Incentive Stock Option) shall only be granted to employeesany person who is not an Employee of [[Organization A:Organization]],the Company or any "parent corporation" or "subsidiary corporation" of [[Organization A:Organization]]s present or future parent or subsidiary corporations asthe Company (as defined in [SectionsSections 424(e) or (f)])]and 424(1) of the Code, and any other entities the employees of which are eligible to receiverespectively). No person who qualifies as a Greater Than 10% Stockholder may be granted an Incentive Stock Options underOption unless such Incentive Stock Option conforms to the Code, and shall be subject to and shall be construed consistently with the requirementsapplicable provisions of Section 422 of the Code. An Option that is not intended to be anAny Incentive Stock Option granted under the Plan may be modified by the Administrator, with the consent of the Participant, to disqualify such Option from treatment as an "incentive stock option" under Section 422 of the Code. To the extent that the aggregate fair market value of stock with respect to which "incentive stock options" (within the meaning of Section 422 of the Code, but without regard to Section 422(d) of the Code) are exercisable for the first time by a Participant during any calendar year under the Plan and all other plans of the Company or any "parent corporation" or "subsidiary corporation" of the Company (as defined in Section 424(e) and 424(1) of the Code, respectively) exceeds one hundred thousand dollars ($100,000), the Options shall be designated a Nonstatutorytreated as Non-Qualified Stock Option.Options to the extent required by Section 422 of the Code. The Companyrule set forth in the preceding sentence shall have no liabilitybe applied by taking Options and other "incentive stock options" into account in the order in which they were granted and the Fair Market Value of stock shall be determined as of the time the respective options were granted. In addition, to a Participant, orthe extent that any other party, if an Option (or any part thereof) that is intendedOptions otherwise fail to be anqualify as Incentive Stock Option is not an IncentiveOptions, such Options shall be treated as Nonqualified Stock Option or if the Company converts an Incentive Stock Option to a Nonstatutory Stock Option.Options.
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