Common use of Limitation on Amount Clause in Contracts

Limitation on Amount. To the extent that the aggregate Fair Market Value (determined as of the date of grant) of the shares of Subordinate Voting Stock with respect to which incentive stock options (within the meaning of Section 422 of the Code) are exercisable for the first time by the Optionee during any calendar year (under the Plan and any other incentive stock option plans of the Company or any subsidiary or parent corporation of the Company (within the meaning of the Code)) exceeds $100,000 (or such other amount as may be prescribed by the Code from time to time), such excess incentive stock options will be treated as non-statutory stock options in the manner set forth in the Plan.

Appears in 3 contracts

Sources: Incentive Stock Option Agreement (Ben Abraham Technologies Inc), Incentive Stock Option Agreement (Ben Abraham Technologies Inc), Incentive Stock Option Agreement (Ben Abraham Technologies Inc)