Exercise Following Termination of Employment. Subject to Section 2(g), in the event that the Optionee ceases to be employed by the Company, that portion of the Option that is not then exercisable shall immediately terminate and that portion of the Option that is exercisable at the time of the Optionee's termination of employment with the Company shall terminate as follows: (i) If the Optionee's termination of employment is due to his/her death or disability, as determined by the Board, the Option (to the extent exercisable at the time of the Optionee's termination) shall be exercisable for a period of six months following such termination of employment, and shall thereafter terminate; (ii) If the Optionee's termination of employment is by the Company or an Affiliate for Cause (as defined below), the Option shall terminate on the date of the Optionee's termination; (iii) If the Optionee voluntarily terminates his/her employment (other than by retirement), the Option (to the extent exercisable at the time of the Optionee's termination) shall be exercisable for a period of 90 days following such termination of employment, and shall thereafter terminate; and (iv) If the Optionee (1) voluntarily terminates his/her employment, (2) is an "Entitled Retiree" within the meaning of the Company's retiree medical plan as in effect from time to time and (3) executes a post-termination non-solicitation agreement in a form reasonably acceptable to the Company, the Option (to the extent exercisable at the time of the Optionee's termination) shall remain exercisable until the expiration of its term set forth in Section 2(b); and (v) If the Optionee's termination of employment is for any other reason, the Option (to the extent exercisable at the time of the Optionee's termination) shall be exercisable for a period of 90 days following such termination of employment, and shall thereafter terminate.
Appears in 1 contract
Sources: Non Qualified Stock Option Agreement (Harris & Harris Group Inc /Ny/)
Exercise Following Termination of Employment. Subject to Section 2(g), in the event that the Optionee ceases to be employed by the Company, that portion of the Option that is not then exercisable shall immediately terminate and that portion of the Option that is exercisable at the time of the Optionee's termination of employment with the Company shall terminate as follows:
(i) If the Optionee's termination of employment is due to his/her death or disability, as determined by the Board, the Option (to the extent exercisable at the time of the Optionee's termination) shall be exercisable for a period of [six months months] following such termination of employment, and shall thereafter terminate;
(ii) If the Optionee's termination of employment is by the Company or an Affiliate for Cause (as defined below), the Option shall terminate on the date of the Optionee's termination;
(iii) If the Optionee voluntarily terminates his/her employment (other than by retirement), the Option (to the extent exercisable at the time of the Optionee's termination) shall be exercisable for a period of [90 days days] following such termination of employment, and shall thereafter terminate; and
(iv) If the Optionee (1) voluntarily terminates his/her employmentemployment or retires pursuant to the Company's mandatory retirement program, (2) is an "Entitled Retiree" within the meaning of the Company's retiree medical plan as in effect from time to time and (3) executes a post-termination non-solicitation agreement in a form reasonably acceptable to the Company, the Option (to the extent exercisable at the time of the Optionee's termination) shall remain exercisable until the expiration of its term set forth in Section 2(b); and
(v) If the Optionee's termination of employment is for any other reason, the Option (to the extent exercisable at the time of the Optionee's termination) shall be exercisable for a period of [90 days days] following such termination of employment, and shall thereafter terminate.
Appears in 1 contract
Sources: Non Qualified Stock Option Agreement (Harris & Harris Group Inc /Ny/)
Exercise Following Termination of Employment. Subject to Section 2(g), in the event that the Optionee ceases to be employed by the Company, that portion of the Option that is not then exercisable shall immediately terminate and that portion of the Option that is exercisable at the time of the Optionee's termination of employment with the Company shall terminate as follows:
(i) If the Optionee's termination of employment is due to his/her death or disability, as determined by disability (within the Boardmeaning of Section 22(e)(3) of the Code), the Option (to the extent exercisable at the time of the Optionee's termination) shall be exercisable for a period of six months [no more than one year] following such termination of employment, and shall thereafter terminate;
(ii) If the Optionee's termination of employment is by the Company or an Affiliate for Cause (as defined below), the Option shall terminate on the date of the Optionee's termination;
(iii) If the Optionee voluntarily terminates his/her employment (other than by retirement), the Option (to the extent exercisable at the time of the Optionee's termination) shall be exercisable for a period of 90 days [no more than three months] following such termination of employment, and shall thereafter terminate; and;
(iv) If the Optionee (1) voluntarily terminates his/her employmentemployment or retires pursuant to the Company's mandatory retirement program, (2) is an "Entitled Retiree" within the meaning of the Company's retiree medical plan as in effect from time to time and (3) executes a post-termination non-solicitation agreement in a form reasonably acceptable to the Company, the Option (to the extent exercisable at the time of the Optionee's termination) shall remain exercisable until the expiration of its term set forth in Section 2(b); , provided, however, that the Optionee acknowledges and agrees that to the extent the Option is exercised more than three months following such termination of employment, the Option shall not be eligible for treatment as an ISO;] and
(v) If the Optionee's termination of employment is for any other reason, the Option (to the extent exercisable at the time of the Optionee's termination) shall be exercisable for a period of 90 days [no more than three months] following such termination of employment, and shall thereafter terminate.
Appears in 1 contract
Sources: Incentive Stock Option Agreement (Harris & Harris Group Inc /Ny/)
Exercise Following Termination of Employment. Subject to Section 2(g), in the event that the Optionee ceases to be employed by the Company, that portion of the Option that is not then exercisable shall immediately terminate and that portion of the Option that is exercisable at the time of the Optionee's termination of employment with the Company shall terminate as follows:
(i) If the Optionee's termination of employment is due to his/her death or disability, as determined by the Board, the Option (to the extent exercisable at the time of the Optionee's termination) shall be exercisable for a period of six months following such termination of employment, and shall thereafter terminate;
(ii) If the Optionee's termination of employment is by the Company or an Affiliate for Cause (as defined below), the Option shall terminate on the date of the Optionee's termination;
(iii) If the Optionee voluntarily terminates his/her employment (other than by retirement), the Option (to the extent exercisable at the time of the Optionee's termination) shall be exercisable for a period of 90 days following following such termination of employment, and shall thereafter terminate; and
(iv) If the Optionee (1) voluntarily terminates his/her employment, (2) is an "Entitled Retiree" within the meaning of the Company's retiree medical plan as in effect from time to time and (3) executes a post-termination non-solicitation agreement in a form reasonably acceptable to the Company, the Option (to the extent exercisable at the time of the Optionee's termination) shall remain exercisable until the expiration of its term set forth in Section 2(b); and
(v) If the Optionee's termination of employment is for any other reason, the Option (to the extent exercisable at the time of the Optionee's termination) shall be exercisable for a period of 90 days following such termination of employment, and shall thereafter terminate.
Appears in 1 contract
Sources: Non Qualified Stock Option Agreement (Harris & Harris Group Inc /Ny/)
Exercise Following Termination of Employment. Subject to Section 2(g), in In the event that the Optionee ceases to be employed by the CompanyCompany or an Affiliate, that portion of the Option that is not or does not become then exercisable shall immediately terminate and that portion of the Option that is or becomes exercisable at the time of the Optionee's ’s termination of employment with the Company shall terminate as follows:
(i) If the Optionee's ’s termination of employment is due to his/her death or disability, as determined by disability (within the Boardmeaning of the Company’s long-term disability plan), the Option (to the extent exercisable at the time of the Optionee's termination’s termination of employment) shall be exercisable for a period of six twelve months following such termination of employment, and shall thereafter terminate;
(ii) If the Optionee's ’s termination of employment is by the Company or an Affiliate for Cause (as defined below)Cause, the Option shall terminate on the date of the Optionee's termination’s termination of employment;
(iii) If the Optionee voluntarily terminates his/her employment (other than by retirement)with the Company and its Affiliates, the Option (to the extent exercisable at the time of the Optionee's ’s termination) shall be exercisable for a period of 90 60 days following following such termination of employment, and shall thereafter terminate; and
(iv) If the Optionee (1) voluntarily terminates his/her employment, (2) is an "Entitled Retiree" within the meaning of the Company's retiree medical plan as in effect from time to time and (3) executes a post-termination non-solicitation agreement in a form reasonably acceptable to the Company, the Option (to the extent exercisable at the time of the Optionee's termination) shall remain exercisable until the expiration of its term set forth in Section 2(b); and
(v) If the Optionee's ’s termination of employment is for any other reason, the Option (to the extent exercisable at the time of the Optionee's termination’s termination of employment) shall be exercisable for a period of 90 60 days following such termination of employmentemployment, and shall thereafter terminate. Notwithstanding the foregoing, no provision in this Section 2(e) shall extend the exercise period of an Option beyond its original term set forth in Section 2(b).
Appears in 1 contract
Sources: Non Qualified Stock Option Agreement (Affordable Residential Communities Inc)