Common use of Acceleration and Extension Clause in Contracts

Acceleration and Extension. Notwithstanding Section 3.3.1, if the Executive’s employment is terminated (i) by the Company for any reason other than for Cause (as defined in Section 6.1.1) or (ii) by the Executive with Good Reason (as defined in Section 7.2.1) or (iii) on account of death or Disability, then each stock option and other equity award granted on or after July 21, 2003 shall thereupon become vested as to an additional 25% of the shares of stock subject thereto (or such lesser percentage as to make the award 100% vested). Further, in the event of a Change of Control (as defined in Section 8.1.1) or a Corporate Transaction (as defined in Section 8.1.2), all of the options or other equity awards described in the preceding sentence shall immediately be fully vested. To the extent that the equity awards described in this Section 3.3.2 are stock options and have become vested by their terms or become vested as described herein, such stock options shall remain vested and exercisable at least until the date that is one year and ninety (90) days after the termination of the Executive’s employment as described in clauses (i), (ii), or (iii) of this Section 3.3.2 or any termination of the Executive’s employment following a Change of Control or a Corporate Transaction (or such later date as may be specified in the award agreement), but in no event will such options be exercisable after the expiration of their original terms. Each of the Executive’s stock options granted prior to July 21, 2003 shall be amended to add the foregoing acceleration of vesting and extension of exercise period provisions at such time, if any, that the Company’s Board of Directors determines, in its sole discretion, that such amendments and the related accounting charges would not adversely affect, when relevant, in any way, the Company’s condition (financial or otherwise), financial statements, earnings, earnings per share or other relevant Company information.

Acceleration and Extension. Notwithstanding Section 3.3.1, if the Executive’s 's employment is terminated (i) by the Company for any reason other than for Cause (as defined in Section 6.1.1) or (ii) by the Executive with Good Reason (as defined in Section 7.2.1) or (iii) on account of death or Disability, then each stock option and other equity award granted on or after July 21, 2003 shall thereupon become vested as to an additional 25% of the shares of stock subject thereto (or such lesser percentage as to make the award 100% vested). Further, in the event of a Change of Control (as defined in Section 8.1.1) or a Corporate Transaction (as defined in Section 8.1.2), all of the options or other equity awards described in the preceding sentence shall immediately be fully vested. To the extent that the equity awards described in this Section 3.3.2 are stock options and have become vested by their terms or become vested as described herein, such stock options shall remain vested and exercisable at least until the date that is one year and ninety (90) days after the termination of the Executive’s 's employment as described in clauses (i), (ii), or (iii) of this Section 3.3.2 or any termination of the Executive’s 's employment following a Change of Control or a Corporate Transaction (or such later date as may be specified in the award agreement), but in no event will such options be exercisable after the expiration of their original terms. Each of the Executive’s 's stock options granted prior to July 21, 2003 shall be amended to add the foregoing acceleration of vesting and extension of exercise period provisions at such time, if any, that the Company’s 's Board of Directors determines, in its sole discretion, that such amendments and the related accounting charges would not adversely affect, when relevant, in any way, the Company’s 's condition (financial or otherwise), financial statements, earnings, earnings per share or other relevant Company information.

Acceleration and Extension. Notwithstanding Section 3.3.1, if the Executive’s employment is terminated (i) by the Company for any reason other than for Cause (as defined in Section 6.1.1) prior to a Change of Control (as defined in Section 8.1.1) or a Corporate Transaction (as defined in Section 8.1.2) or (ii) by the Executive with Good Reason (as defined in Section 7.2.1) prior to a Change of Control or a Corporate Transaction or (iii) on account of death or Disability, then each stock option and or other equity award granted on or after July 21, 2003 shall thereupon become vested as to an additional 25% of the shares of stock subject thereto (or such lesser percentage as to make the award 100% vested). Further, in the event of a Change of Control (as defined in Section 8.1.1) or a Corporate Transaction Transaction, and within one (as defined in Section 8.1.2)1) year following such Change of Control or Corporate Transaction, either the Executive terminates his employment with the Company with Good Reason or the Company terminates his employment for any reason other than for Cause, all of the options or other equity awards described in the preceding sentence shall immediately be fully vested. To the extent that the equity awards described in this Section 3.3.2 are stock options and have become vested by their terms or become vested as described herein, such stock options shall remain vested and exercisable at least until the date that is one year and ninety (90) days after the termination of the Executive’s employment as described in clauses (i), (ii), or (iii) of this Section 3.3.2 or any the termination of the Executive’s employment following a Change of Control or a Corporate Transaction as described in the preceding sentence (or such later date as may be specified in the award agreement), but in no event will such options be exercisable after the expiration of their original terms. Each of the Executive’s stock options granted prior to July 21, 2003 2003, shall be amended to add the foregoing acceleration of vesting and extension of exercise period provisions at such time, if any, that the Company’s Board of Directors determines, in its sole discretion, that such amendments and the related accounting charges would not adversely affect, when relevant, in any way, the Company’s condition (financial or otherwise), financial statements, earnings, earnings per share or other relevant Company information.