Common use of Disposition of Shares Clause in Contracts

Disposition of Shares. In the case of an NSO, if Shares are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, of the fair market value of the Shares on the date of exercise over the Exercise Price.

Appears in 5 contracts

Sources: Stock Option Agreement (Cadence Design Systems Inc), Stock Option Agreement (Spectrian Corp /Ca/), Stock Option Agreement (Spectrian Corp /Ca/)

Disposition of Shares. In the case of an NSO, if Shares are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and state income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and state income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value Fair Market Value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 5 contracts

Sources: Stock Option Agreement (Omnivision Technologies Inc), Stock Option Agreement (Omnivision Technologies Inc), Stock Option Agreement (Metatools Inc)

Disposition of Shares. In the case of an NSO, if Shares are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and California income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and California income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 4 contracts

Sources: Stock Option Agreement (Peregrine Semiconductor Corp), Stock Option Agreement (Cisco Systems Inc), Stock Option Agreement (Ribogene Inc / Ca/)

Disposition of Shares. In the case of an NSO, if Shares are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and California income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and California income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value Fair Market Value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 3 contracts

Sources: Stock Option Agreement (Finisar Corp), Stock Option Agreement (Virologic Inc), Stock Option Agreement (Argonaut Technologies Inc)

Disposition of Shares. In the case of an NSONQ, if Shares are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and state income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and state income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of the fair market value of the Shares on the date of exercise over or the Exercise Pricesale price of the Shares.

Appears in 2 contracts

Sources: Stock Option Agreement (Actel Corp), Stock Option Agreement (Actel Corp)

Disposition of Shares. In the case of an NSO, if Shares --------------------- transferred pursuant to the Option are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value Fair Market Value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 2 contracts

Sources: Stock Option Agreement (Loislaw Com Inc), Stock Option Agreement (Loislaw Com Inc)

Disposition of Shares. In the case of an NSO, if Shares are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal income tax purposes. If Shares purchased under an ISO are disposed of within such one-one year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, of the fair market value of the Shares on the date of exercise over the Exercise Price.

Appears in 2 contracts

Sources: Stock Option Agreement (Adaptec Inc), Stock Option Agreement (Adaptec Inc)

Disposition of Shares. In the case of an NSO, if Shares are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value Fair Market Value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 2 contracts

Sources: Stock Option Agreement (HNC Software Inc/De), Stock Option Agreement (Sun Microsystems Inc)

Disposition of Shares. In the case of an NSO, if Shares are held for at least one yearyear after exercise, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and California income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and California income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, of the fair market value of the Shares on the date of exercise over the Exercise Price.

Appears in 2 contracts

Sources: Stock Option Agreement (Vacu Dry Co), Stock Option Agreement (Accuimage Diagnostics Corp)

Disposition of Shares. In the case of an NSO, if Shares --------------------- are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and state income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and state income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value Fair Market Value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 1 contract

Sources: Stock Option Agreement (Nassda Corp)

Disposition of Shares. In the case of an NSO, if Shares are held for at least one yeareighteen months, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and state income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and state income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value Fair Market Value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 1 contract

Sources: Stock Option Agreement (Avistar Communications Corp)

Disposition of Shares. In the case of an NSO, if Shares are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and local income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and local income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value Fair Market Value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 1 contract

Sources: Stock Option Agreement (Peregrine Systems Inc)

Disposition of Shares. In the case of an NSO, if Shares --------------------- are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date date of Grantgrant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date date of Grantgrant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 1 contract

Sources: Stock Option Agreement (Cabletron Systems Inc)

Disposition of Shares. In the case of an NSO, if Shares are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and state income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and state income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 1 contract

Sources: Stock Option Agreement (Applied Micro Circuits Corp)

Disposition of Shares. In the case of an NSO, if Shares are held --------------------- for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and state income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and state income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value Fair Market Value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 1 contract

Sources: Stock Option Agreement (Seagate Software Information Management Group Holdings Inc)

Disposition of Shares. In the case of an NSO, if Shares are --------------------- held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date date of Grantgrant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date date of Grantgrant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 1 contract

Sources: Stock Option Agreement (Pointcast Inc)

Disposition of Shares. In the case of an NSO, if Shares are held for at least one year, any gain realized on disposition of the Shares shares will be treated as long-term capital gain for federal and California income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and California income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, of the fair market value of the Shares on the date of exercise over the Exercise Price.

Appears in 1 contract

Sources: Stock Option Agreement (Symantec Corp)

Disposition of Shares. In the case of an NSO, if Shares are held for at least more than one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and California income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least more than one year after exercise and are disposed of at least more than two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and California income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value Fair Market Value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 1 contract

Sources: Stock Option Agreement (Socket Mobile, Inc.)

Disposition of Shares. In the case of an NSO, if Shares are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and Delaware income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and Delaware income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value Fair Market Value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 1 contract

Sources: Stock Option Agreement (Spectrx Inc)

Disposition of Shares. In the case of an NSO, if Shares are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and California income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and California income tax purposes. If Shares purchased under an ISO are disposed of within such one-one- year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 1 contract

Sources: Stock Option Agreement (Diva Systems Corp)

Disposition of Shares. In the case of an NSO, if Shares are --------------------- held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and state income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and state income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, of the fair market value of the Shares on the date of exercise over the Exercise Price.

Appears in 1 contract

Sources: Stock Option Agreement (Siebel Systems Inc)

Disposition of Shares. In the case of an NSO, if Shares are --------------------- held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value Fair Market Value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 1 contract

Sources: Merger Agreement (Usweb Corp)

Disposition of Shares. In the case of an NSO, if Shares are held --------------------- for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date date of Grantgrant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal income tax purposes. If Shares purchased under an ISO are disposed of within such one-year period or within two years after the Date date of Grantgrant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 1 contract

Sources: Stock Option Agreement (Talk City Inc)

Disposition of Shares. In the case of an NSO, if Shares are held for at least one year, any gain realized on disposition of the Shares will be treated as long-term capital gain for federal and California income tax purposes. In the case of an ISO, if Shares transferred pursuant to the Option are held for at least one year after exercise and are disposed of at least two years after the Date of Grant, any gain realized on disposition of the Shares will also be treated as long-term capital gain for federal and California income tax purposes. If Shares purchased under an ISO are disposed of within such one-one- year period or within two two-years after the Date of Grant, any gain realized on such disposition will be treated as compensation income (taxable at ordinary income rates) to the extent of the excess, if any, difference between the Exercise Price and the lesser of (1) the fair market value of the Shares on the date of exercise over exercise, or (2) the Exercise Pricesale price of the Shares.

Appears in 1 contract

Sources: Stock Option Agreement (Earthshell Container Corp)