Common use of Death of Optionee Clause in Contracts

Death of Optionee. In the event of an Optionee's death, the Optionee's estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may exercise the Option, but only within twelve (12) months following the date of death, and only to the extent that the Optionee was entitled to exercise it at the date of death (but in no event later than the expiration of the term of such Option as set forth in the Option Agreement). To the extent that Optionee was not entitled to exercise an Option at the date of death, and to the extent that the Optionee's estate or a person who acquired the right to exercise such Option does not exercise such Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 8 contracts

Sources: Incentive Stock Option Agreement (Sgi International), Incentive Stock Option Agreement (Sgi International), Incentive Stock Option Agreement (Sgi International)

Death of Optionee. In the event of an Optionee's death, the ----------------- Optionee's estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may exercise the Option, but only within twelve one (121) months following the year of such date of death, and only to the extent that the Optionee was entitled to exercise it at the date of death (but and in no event later than the expiration of the term of such Option as set forth in the Option this Agreement). To the extent that Optionee was not entitled to exercise an Option at the date of death, and to the extent that the Optionee's estate or a person who acquired the right to exercise such Option does not exercise such Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 3 contracts

Sources: Stock Option Agreement (Access Health Inc), Stock Option Agreement (Access Health Inc), Employment Agreement (Access Health Inc)

Death of Optionee. In the event of an that the Optionee should die while in Service, the Optionee's death, Option may be exercised by the Optionee's estate or by a person who has acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may exercise the Optioninheritance, but only within on or prior to the date that is twelve (12) months following the date of death, and only to the extent that the Optionee was entitled to exercise it the Option at the date of death (but in no event later than the expiration date of the term of such Option his/her Option, as set forth in the Option Agreement)Section 4 hereof. To the extent that Optionee was not entitled to exercise an Option at the date of If, after death, and to the extent that the Optionee's estate or a person who acquired acquires the right to exercise such the Option by bequest or inheritance does not exercise such the Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 3 contracts

Sources: Nonqualified Stock Option Agreement (Temecula Valley Bancorp Inc), Incentive Stock Option Agreement (Temecula Valley Bancorp Inc), Incentive Stock Option Agreement (Temecula Valley Bancorp Inc)

Death of Optionee. In the event of the death of Optionee during the term of the Option and while an employee of the Company and having been employed continuously as an employee since the date of grant of the Option, the Option may be exercised, at any time within twelve (12) months following the date of death, by the Optionee's estate or by a person who acquired the right to exercise the Option by bequest or inheritance but only to the extent of the right to exercise that had accrued at the date of death, the . If Optionee's estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may does not exercise the Option, but only within twelve (12) months following the date such portion of death, Optionee's Option which has vested and only to the extent that which the Optionee was entitled to exercise it at the date of death (but in no event later than the expiration of the term of such Option as set forth in the Option Agreement). To the extent that Optionee was not entitled to exercise an Option at the date of death, and to the extent that the Optionee's estate or a person who acquired the right to exercise such Option does not exercise such Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 2 contracts

Sources: Incentive Stock Option Agreement (Consolidated Capital of North America Inc), Non Qualified Stock Option Agreement (Consolidated Capital of North America Inc)

Death of Optionee. In the event of the death of Optionee during the term of the Option and while an employee of the Company and having been employed continuously as an employee since the date of grant of the Option, the Option may be exercised, at any time within twelve (12) months unless otherwise provided in an agreement with the Company following the date of death, by the Optionee's estate or by a person who acquired the right to exercise the Option by bequest or inheritance but only to the extent of the right to exercise that had accrued at the date of death, the . If Optionee's estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may does not exercise the Option, but only within twelve (12) months following the date such portion of death, Optionee's Option which has vested and only to the extent that which the Optionee was entitled to exercise it at the date of death (but in no event later than the expiration of the term of such Option as set forth in the Option Agreement). To the extent that Optionee was not entitled to exercise an Option at the date of death, and to the extent that the Optionee's estate or a person who acquired the right to exercise such Option does not exercise such Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 2 contracts

Sources: Incentive Stock Option Agreement (Lithium Technology Corp), Incentive Stock Option Agreement (U.S. Helicopter CORP)

Death of Optionee. The terms of this Option Agreement shall be binding upon the executors, administrators, heirs, successors and assigns of Optionee. In the event of the death of Optionee during the term of the Option, the Option may be exercised, at any time within thirty-six (36) months unless otherwise provided in an agreement with the Company following the date of death, by the Optionee's estate or by a person who acquired the right to exercise the Option by bequest or inheritance but only to the extent of the right to exercise that had accrued at the date of death, the . If Optionee's estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may does not exercise the Option, but only within twelve (12) months following the date such portion of death, Optionee's Option which has vested and only to the extent that which the Optionee was entitled to exercise it at the date of death (but in no event later than the expiration of the term of such Option as set forth in the Option Agreement). To the extent that Optionee was not entitled to exercise an Option at the date of death, and to the extent that the Optionee's estate or a person who acquired the right to exercise such Option does not exercise such Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 2 contracts

Sources: Non Qualified Stock Option Agreement (U.S. Helicopter CORP), Non Qualified Stock Option Agreement (Lithium Technology Corp)

Death of Optionee. In the event of the death of an Optionee's , the Option shall become vested and exercisable for the full number of Shares covered by the Option. The Option held by the Optionee at the time of death may be exercised at any time within twelve (12) months following the date of death by the Optionee’s estate or by a person who acquired the right to exercise the Option by bequest or inheritance. In no event shall an Option be exercised later than the expiration of the term of the Option, as set forth in the Option agreement. If, after death, the Optionee's ’s estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may exercise the Option, but only within twelve (12) months following the date of death, and only to the extent that the Optionee was entitled to exercise it at the date of death (but in no event later than the expiration of the term of such Option as set forth in the Option Agreement). To the extent that Optionee was not entitled to exercise an Option at the date of death, and to the extent that the Optionee's estate or a person who acquired the right to exercise such Option does not exercise such the Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate, and the Shares covered by such Option shall revert to the Plan.

Appears in 2 contracts

Sources: Director Option Agreement (Monaco Coach Corp /De/), Director Option Agreement (Monaco Coach Corp /De/)

Death of Optionee. In the event of an Optionee's death, the ----------------- Optionee's estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may exercise the Option, Option but only within twelve (12) months following the date of death, and only to the extent that the Optionee was entitled to exercise it at on the date of death (but in no event later than the expiration of the term of such Option as set forth in the Option Agreementits ten (10) year term). To the extent that the Optionee was not entitled to exercise an Option at on the date of death, and to the extent that the Optionee's estate or a person who acquired the right to exercise such Option does not exercise such Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 1 contract

Sources: Stock Option Agreement (Four Media Co)

Death of Optionee. In the event of the death of an Optionee's death, the Optionee's estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may exercise the Option, but only be exercised at any time within twelve (12) months (or such other period of time as is determined by the Board) following the date of death, and only to the extent that the Optionee was entitled to exercise it at the date of death (but in no event later than the expiration of the term of such Option as set forth in the Notice of Grant), by the Optionee’s estate or by a person who acquired the right to exercise the Option Agreement). To by bequest or inheritance, but only to the extent that the Optionee was not entitled to exercise an the Option at the date of death. If, and to the extent that after death, the Optionee's ’s estate or a person who acquired the right to exercise such the Option by bequest or inheritance does not exercise such the Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 1 contract

Sources: Non Statutory Stock Option Agreement (Aclara Biosciences Inc)

Death of Optionee. In the event of an Optionee's death, the Optionee's estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may exercise the Option, but only within twelve (12) months following the date of death, and only to the extent that the Optionee was entitled to exercise it at the date of death (but in no event later than the expiration of the term of such Option option as set forth in the Option Agreementdetermined herein). To the extent that Optionee was not entitled to exercise an Option at the date of death, and to the extent that the Optionee's estate or a person who acquired the right to exercise such Option does not exercise such Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 1 contract

Sources: Nonstatutory Stock Option Agreement (Vyrex Corp)

Death of Optionee. In the event of an Optionee's death, the Optionee's estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may exercise the Option, but only within twelve (12) months following the date of death, and only to the extent that the Optionee was entitled to exercise it at the date of death (but in no event later than the expiration of the term of such Option as set forth in the Option Agreement). To the extent that Optionee was not entitled to exercise an Option at the date of death, and to the extent that the Optionee's Optionee?s estate or a person who acquired the right to exercise such Option does not exercise such Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 1 contract

Sources: Incentive Stock Option Agreement (Sgi International)

Death of Optionee. In the event of the death of an Optionee's death, the Optionee's estate or a person who acquired the right Option shall become fully exercisable, including as to exercise the deceased Optionee's Option by bequest or inheritance Shares for which it would not otherwise be exercisable and may exercise the Option, but only be exercised at any time within twelve (12) months (or such other period of time as is determined by the Administrator) following the date of death, and only to the extent that the Optionee was entitled to exercise it at the date of death (but in no event later than the expiration of the term of such Option as set forth in the Option AgreementNotice of Grant). To , by the extent that Optionee was not entitled Optionee's estate or by a person who acquired the right to exercise an the Option at the date of by bequest or inheritance. If, after death, and to the extent that the Optionee's estate or a person who acquired the right to exercise such the Option by bequest or inheritance does not exercise such the Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate, and the Shares covered by such Option shall revert to the Plan.

Appears in 1 contract

Sources: Stock Option Agreement (Metatools Inc)

Death of Optionee. In the event of an Optionee's death, the Optionee's estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may exercise the Option, but only within twelve one (121) months following the year of such date of death, and only to the extent that the Optionee was entitled to exercise it at the date of death (but and in no event later than the expiration of the term of such Option as set forth in the Option this Agreement). To the extent that Optionee was not entitled to exercise an Option at the date of death, and to the extent that the Optionee's estate or a person who acquired the right to exercise such Option does not exercise such Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 1 contract

Sources: Stock Option Agreement (Hbo & Co)

Death of Optionee. In the event of an the death of Optionee's death, the Optionee's estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may exercise the Option, but only be exercised at any time within twelve (12) months following the date of death, and only to the extent that the Optionee was entitled to exercise it at the date of Optionee’s death (but in no event later than the date of expiration of the term of such the Option as set forth in Section 9 below), by Optionee’s estate or by a person who acquired the right to exercise the Option Agreement)by bequest or inheritance, but only to the extent Optionee could exercise the Option at the date of death. To the extent that Optionee was not entitled to exercise an the Option at the date of deathsuch termination, and to the extent that the or if Optionee's ’s estate or a the person who acquired the right to exercise such the Option by bequest or inheritance does not exercise such the Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 1 contract

Sources: Stock Option Agreement (Openwave Systems Inc)

Death of Optionee. In the event of an Optionee's death, the Optionee's estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may exercise the this Option, but only within twelve ten (1210) months years following the date of death, and only to the extent that the Optionee was entitled to exercise it at the date of death (but in no event later than the expiration of the term of such this Option as set forth in the Option Agreement). To the extent that Optionee was not entitled to exercise an this Option at the date of death, and to the extent that the Optionee's estate or a person who acquired the right to exercise such this Option does not exercise such this Option (to the extent otherwise so entitled) within the time specified herein, the this Option shall terminate.

Appears in 1 contract

Sources: Stock Option Agreement (Dardel Technologies E U R L)

Death of Optionee. In the event of an the death of the Optionee's death, the Optionee's estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may exercise the Option, but only be exercised at any time within twelve (12) months following the date of death, and only to the extent that the Optionee was entitled to exercise it at the date of death (but in no event later than the expiration of the term of such Option as set forth in the Option), by the Optionee's estate or by a person who acquired the right to exercise the Option Agreement). To by bequest or inheritance, but only to the extent that the Optionee was not entitled to exercise an the Option at the date of death. After death, and to the extent that the Optionee's estate or a person who acquired the right to exercise the Option by bequest or inheritance is not entitled to exercise the Option at the date of termination, or such Option person does not exercise such the Option (to the extent otherwise so entitled) entitled within the time specified herein, the Option shall terminate.

Appears in 1 contract

Sources: Executive Stock Option Agreement (Unison Software Inc)

Death of Optionee. In the event of an termination of Optionee's ----------------- continuous status as an employee or consultant as a result of the death of Optionee, the Option may be exercised at any time within twelve (12) months following the date of death (but in no event later than the date of expiration of the term of this Option as set forth in Section 3 above), by Optionee's estate or by a person who acquired the right to exercise the Option by bequest or inheritance, but only to the extent the Optionee could exercise the Option at the date of death. If, after death, the Optionee's estate or a person who acquired the right to exercise the deceased Optionee's Option by bequest or inheritance may exercise the Option, but only within twelve (12) months following the date of death, and only to the extent that the Optionee was entitled to exercise it at the date of death (but in no event later than the expiration of the term of such Option as set forth in the Option Agreement). To the extent that Optionee was not entitled to exercise an Option at the date of death, and to the extent that the Optionee's estate or a person who acquired the right to exercise such Option does not exercise such the Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 1 contract

Sources: Stock Option Agreement (Resonate Inc)