Common use of Character of Option Clause in Contracts

Character of Option. The Option is intended to be treated as an “incentive stock option” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”). However, incentive stock option treatment requires compliance with a variety of factors, and the Company can give no assurance that the Option will, in fact, be treated as an incentive stock option.

Character of Option. The Option is intended to be treated as an ““ incentive stock option” within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”). However, incentive stock option treatment requires compliance with a variety of factors, and the Company can give no assurance that the Option will, in fact, be treated as an incentive stock option.

Character of Option. The Option is intended to be treated as an “"incentive stock option” " within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “"Code”"). However; provided, however, that to the extent the Option does not qualify as an incentive stock option treatment requires compliance with a variety by virtue of factorsexceeding the $100,000 limitation in Section 422(d) of the Code, and the Company can give no assurance that the Option will, in fact, shall be treated as an option other than an incentive stock option." 2

Character of Option. The Option is intended to be treated as an “"incentive stock option” " within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the “"Code”"). However; provided, however, that to the extent the Option does not qualify as an incentive stock option treatment requires compliance with a variety by virtue of factorsexceeding the $100,000 limitation in Section 422(d) of the Code, and the Company can give no assurance that the Option will, in fact, shall be treated as an option other than an incentive stock option." (iii) Section 4 of the Agreement is hereby amended to read in its entirety as follows: