Not Intended to be an Incentive Stock Option Clause Samples

The "Not Intended to be an Incentive Stock Option" clause clarifies that the stock options granted under the agreement are not classified as Incentive Stock Options (ISOs) under the Internal Revenue Code. This means the options will be treated as non-qualified stock options (NSOs), which have different tax implications for both the company and the recipient. By specifying this status, the clause ensures that there is no confusion about the type of stock option being granted and helps both parties understand the applicable tax treatment and reporting requirements, thereby preventing misunderstandings or disputes regarding tax obligations.
Not Intended to be an Incentive Stock Option. This Option is not intended to qualify as an incentive stock option within the meaning of Section 422(b) of the Internal Revenue Code, and the provisions hereof shall be construed consistent with that intent.
Not Intended to be an Incentive Stock Option. This Option is not intended to qualify as an incentive stock option within the meaning of Section 422(b) of the Internal Revenue Code, and the provisions hereof shall be construed consistent with that intent. To evidence their agreement to the terms and conditions of this Option, the Company and the Employee have signed this Agreement as of the date first above written. By:_____________________________ Its: EMPLOYEE: By: _____________________________ Dinewise, Inc. _____________________________ _____________________________ Attention: Secretary I hereby exercise my Option pursuant to that certain Non-Qualified Stock Option Agreement dated ___________, subject to all of the terms and conditions of the said Stock Option Agreement, and hereby notify you of my election to purchase the following stated number of shares (“Shares”) of the common stock of Dinewise, Inc., a Nevada corporation (the “Company”), as indicated below at the following stated option price per share. Number of Shares -_______ Option Price per Share - $______ Total Option Price -$ _______ If this Notice of Exercise involves fewer than all of the Shares which are subject to option under the said Stock Option Agreement, I retain the right to exercise my Option for the balance of the Shares remaining subject to option, all in accordance with the terms of the said Stock Option Agreement. Option 1: This Notice of Exercise is accompanied by [ ] (1) a [ ] certified check, [ ] cashiers check or [ ] personal check in the amount of the above Total Option Price or [ ] (2) shares of the Company’s common stock (if allowed by the Committee) which have an aggregate value of the amount of the above Total Option Price, in full payment of the option price for the Shares. Option 2: [ ] If allowed by the Committee, I hereby elect a “cashless exercise” and agree to sell a sufficient number of Shares necessary to pay the Total Option Price, all costs and expenses associated with the cashless exercise and any tax withholding amounts. I also agree to follow such instructions provided by the Committee with regard to the use of a securities broker to effectuate the cashless exercise.
Not Intended to be an Incentive Stock Option. This Option is not intended to qualify as an incentive stock option within the meaning of Section 422(b) of the Code, and the provisions hereof shall be construed consistent with that intent. To evidence their agreement to the terms, conditions, and restrictions herein, the Company and the Participant have signed this Agreement in the State of New York as of the date first above written. VOLT INFORMATION SCIENCES, INC. By: Its: PARTICIPANT: {NAME} Volt Information Sciences, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇. New York, New York 10022 Attention: Secretary I hereby exercise my Option pursuant to that certain Non-Qualified Stock Option Agreement dated __________, 2009 (the “Stock Option Agreement”) awarded under the Volt Information Sciences, Inc. 2006 Incentive Stock Plan (the “Plan”), subject to all of the terms and conditions of the Stock Option Agreement and the Plan referred to therein, and hereby notify you of my election to purchase the following stated number of Shares of Stock of Volt Information Sciences, Inc., a New York corporation (the “Company”), from the award therein as indicated below at the following stated Option Price per Share.

Related to Not Intended to be an Incentive Stock Option

  • Incentive Stock Option If this Option qualifies as an ISO, the Optionee will have no regular federal income tax liability upon its exercise, although the excess, if any, of the Fair Market Value of the Exercised Shares on the date of exercise over their aggregate Exercise Price will be treated as an adjustment to alternative minimum taxable income for federal tax purposes and may subject the Optionee to alternative minimum tax in the year of exercise. In the event that the Optionee ceases to be an Employee but remains a Service Provider, any Incentive Stock Option of the Optionee that remains unexercised shall cease to qualify as an Incentive Stock Option and will be treated for tax purposes as a Nonstatutory Stock Option on the date three (3) months and one (1) day following such change of status.

  • Incentive Stock Options If the Shares are held for more than twelve (12) months after the date of the transfer of the Shares pursuant to the exercise of an ISO and are disposed of more than two (2) years after the Date of Grant, any gain realized on disposition of the Shares will be treated as long term capital gain for federal and California income tax purposes. If Shares purchased under an ISO are disposed of within the applicable one (1) year or two (2) year period, 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.

  • Grant of Stock Option The Company hereby grants the Employee the Option to purchase all or any part of an aggregate number of shares of Common Stock as set forth on Schedule A (“Option Shares”) on the terms and conditions set forth herein and subject to the terms of the Plan.

  • Nonstatutory Stock Option If the Grant Notice so designates, this Option is intended to be a Nonstatutory Stock Option and shall not be treated as an Incentive Stock Option within the meaning of Section 422(b) of the Code.

  • Stock Option Grant Subject to the provisions set forth herein and the terms and conditions of the Plan, and in consideration of the agreements of the Participant herein provided, the Company hereby grants to the Participant an Option to purchase from the Company the number of shares of Common Stock, at the exercise price per share, and on the schedule, set forth above.