Restrictions on Transfer of Option. (a) Except as provided in Section 5(b), the Option shall be exercisable during Optionee’s lifetime only by Optionee, and neither the Option nor any right hereunder shall be transferable except by bequest or the laws of descent and distribution. The Option may not be subject to execution or other similar process. If Optionee attempts to alienate, assign, pledge, hypothecate or otherwise dispose of the Option or any of Optionee’s rights hereunder, except as provided herein or in Section 5(b), or in the event of any levy or any attachment, execution or similar process upon the rights or interests hereby conferred, the Company may terminate the Option by notice to Optionee, and it shall thereupon become null and void. (b) Optionee may transfer, in accordance with the Plan, any or all rights under this Agreement to (i) Optionee’s child, stepchild, grandchild, parent, stepparent, grandparent, spouse, former spouse, sibling, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law, including adoptive relationships, or any person sharing the Optionee’s household (other than a tenant or employee) (“Family Members”), (ii) a trust or trusts in which Optionee and/or Optionee’s Family Members have more than 50% of the beneficial interest, or (iii) a partnership, limited liability company or other entity in which Optionee and/or Optionee’s Family Members own more than 50% of the voting interests in exchange for an interest in the entity; provided that (a) any such transfer must be without any consideration to Optionee for such transfer (other than interests in such partnership, limited liability company or other entity), and (b) all subsequent transfers of any rights under this Agreement shall be prohibited other than by bequest or the laws of descent and distribution. Following any such transfer, this Agreement shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, provided that for purposes of this Agreement and the Plan (excluding Section 6 hereof) the term “Optionee” shall be deemed to refer to the transferee. Any rights to exercise the Option transferred hereunder shall be exercisable by the transferee only to the extent, and for the periods, specified in this Agreement.
Appears in 2 contracts
Sources: Stock Option Agreement (Ventas Inc), Stock Option Agreement (Ventas Inc)
Restrictions on Transfer of Option. (a) Except as provided in Section 5(b), the Option shall be exercisable during Optionee’s lifetime only by Optionee, and neither the Option nor any right hereunder shall be transferable except by bequest will or the laws of descent and distribution. The Option may not be subject to execution or other similar process. If Optionee attempts to alienate, assign, pledge, hypothecate or otherwise dispose of the Option or any of the Optionee’s rights hereunder, except as provided herein or in Section 5(b), or in the event of any levy or any attachment, execution or similar process upon the rights or interests hereby conferred, the Company may terminate the Option by notice to Optionee, Optionee and it shall thereupon become null and void.
(b) Optionee may transfermay, in accordance with subject to any restrictions under Section 16(b) of the PlanExchange Act, any or transfer all rights under this Agreement to (i) Optionee’s child, stepchild, grandchild, parent, stepparent, grandparent, spouse, former spouse, sibling, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law spouse or sister-in-law, including adoptive relationships, or any person sharing the Optionee’s household (other than a tenant or employee) lineal descendants (“Immediate Family Members”), (ii) a trust or trusts in which for the exclusive benefit of such Optionee and/or Optionee’s and her Immediate Family Members have more than 50% of the beneficial interestMembers, or (iii) a partnership, partnership or limited liability company or other entity in which such Optionee and/or Optionee’s and her Immediate Family Members own more than 50% of are the voting interests in exchange for an interest in the entityonly partners or members, as applicable; provided that (a) any such transfer must be without any consideration to Optionee for such transfer (other than interests in such partnership, limited liability company or other entity)transfer, and (b) all subsequent transfers of any rights under this Agreement shall be prohibited other than by bequest or the laws of descent and distribution. Following any such transfer, this Agreement shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, provided that for purposes of this Agreement and the Plan (excluding Section 6 hereofhereof and Section 4.2 of the Plan) the term “Optionee” shall be deemed to refer to the transferee. Any rights to exercise the Option transferred hereunder shall be exercisable by the transferee only to the extent, and for the periods, specified in this Agreement.
Appears in 2 contracts
Sources: Stock Option Agreement (Ventas Inc), Stock Option Agreement (Ventas Inc)
Restrictions on Transfer of Option. (a) Except as provided in Section 5(b), the Option shall be exercisable during Optionee’s 's lifetime only by Optionee, and neither the Option nor any right hereunder shall be transferable except by bequest will or the laws of descent and distribution. The Option may not be subject to execution or other similar process. If Optionee attempts to alienate, assign, pledge, hypothecate or otherwise dispose of the Option or any of the Optionee’s 's rights hereunder, except as provided herein or in Section 5(b), or in the event of any levy or any attachment, execution or similar process upon the rights or interests hereby conferred, the Company may terminate the Option by notice to Optionee, Optionee and it shall thereupon become null and void.
(b) Optionee may transfermay, in accordance with subject to any restrictions under Section 16(b) of the PlanExchange Act, any or transfer all rights under this Agreement to (i) Optionee’s child, stepchild, grandchild, parent, stepparent, grandparent, spouse, former spouse, sibling, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law 's spouse or sister-in-law, including adoptive relationships, or any person sharing the Optionee’s household lineal descendants (other than a tenant or employee) (“"Immediate Family Members”"), (ii) a trust or trusts in which for the exclusive benefit of such Optionee and/or Optionee’s and his Immediate Family Members have more than 50% of the beneficial interestMembers, or (iii) a partnership, partnership or limited liability company or other entity in which such Optionee and/or Optionee’s and his Immediate Family Members own more than 50% of are the voting interests in exchange for an interest in the entityonly partners or members, as applicable; provided that (a) any such transfer must be without any consideration to Optionee for such transfer (other than interests in such partnership, limited liability company or other entity)transfer, and (b) all subsequent transfers of any rights under this Agreement shall be prohibited other than by bequest or the laws of descent and distribution. Following any such transfer, this Agreement shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, provided that for purposes of this Agreement and the Plan (excluding Section 6 hereof) the term “"Optionee” " shall be deemed to refer to the transferee. Any rights to exercise the Option transferred hereunder shall be exercisable by the transferee only to the extent, and for the periods, specified in this Agreement.
Appears in 2 contracts
Sources: Nonqualified Stock Option Agreement (Ventas Inc), Nonqualified Stock Option Agreement (Ventas Inc)
Restrictions on Transfer of Option. (a) Except as provided in Section 5(b), the Option shall be exercisable during Optionee’s lifetime only by Optionee, and neither the Option nor any right hereunder shall be transferable except by bequest or the laws of descent and distribution. The Option may not be subject to execution or other similar process. If Optionee attempts to alienate, assign, pledge, hypothecate or otherwise dispose of the Option or any of Optionee’s rights hereunder, except as provided herein or in Section 5(b), or in the event of any levy or any attachment, execution or similar process upon the rights or interests hereby conferred, the Company may terminate the Option by notice to Optionee, and it shall thereupon become null and void.
(b) Optionee may transfer, in accordance with subject to any restrictions under Section 16(b) of the PlanExchange Act, any or all rights under this Agreement to (i) Optionee’s child, stepchild, grandchild, parent, stepparent, grandparent, spouse, former spouse, sibling, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law spouse or sister-in-law, including adoptive relationships, or any person sharing the Optionee’s household (other than a tenant or employee) lineal descendants (“Immediate Family Members”), (ii) a trust or trusts for the exclusive benefit of Optionee and/or Optionee’s Immediate Family Members, or (iii) a partnership or limited liability company in which Optionee and/or Optionee’s Immediate Family Members have more than 50% of are the beneficial interestonly partners or members, or (iii) a partnership, limited liability company or other entity in which Optionee and/or Optionee’s Family Members own more than 50% of the voting interests in exchange for an interest in the entityas applicable; provided that (a) any such transfer must be without any consideration to Optionee for such transfer (other than interests in such partnership, limited liability company or other entity)transfer, and (b) all subsequent transfers of any rights under this Agreement shall be prohibited other than by bequest or the laws of descent and distribution. Following any such transfer, this Agreement shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, provided that for purposes of this Agreement and the Plan (excluding Section 6 hereof) hereof and Section 4.2 of the Plan), the term “Optionee” shall be deemed to refer to the transferee. Any rights to exercise the Option transferred hereunder shall be exercisable by the transferee only to the extent, and for the periods, specified in this Agreement.
Appears in 2 contracts
Sources: Stock Option Agreement (Ventas Inc), Stock Option Agreement (Ventas Inc)
Restrictions on Transfer of Option. (a) Except as provided in Section 5(b)) below, the Option shall be exercisable during Optionee’s lifetime only by Optionee, and neither the Option nor any right hereunder shall be transferable except by bequest or the laws of descent and distribution. The Option may not be subject to execution or other similar process. If Optionee attempts to alienate, assign, pledge, hypothecate or otherwise dispose of the Option or any of Optionee’s rights hereunder, except as provided herein in this Section 5(a) or in Section 5(b)) below, or in the event of any levy or any attachment, execution or similar process upon the rights or interests hereby conferred, the Company may terminate the Option by notice to Optionee, and it shall thereupon become null and void.
(b) Optionee may transfer, in accordance with the Plan, any or all rights under this Agreement to (i) Optionee’s child, stepchild, grandchild, parent, stepparent, grandparent, spouse, former spouse, sibling, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law, including adoptive relationships, or any person sharing the Optionee’s household (other than a tenant or employee) (“Family Members”), (ii) a trust or trusts in which Optionee and/or Optionee’s Family Members have more than 50% of the beneficial interest, or (iii) a partnership, limited liability company or other entity in which Optionee and/or Optionee’s Family Members own more than 50% of the voting interests in exchange for an interest in the entity; provided that (a) any such transfer must be without any consideration to Optionee for such transfer (other than interests in such partnership, limited liability company or other entity), and (b) all subsequent transfers of any rights under this Agreement shall be prohibited other than by bequest or the laws of descent and distribution. Following any such transfer, this Agreement shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, provided that for purposes of this Agreement and the Plan (excluding Section 6 hereofof this Agreement) the term “Optionee” shall be deemed to refer to the transferee. Any rights to exercise the Option transferred hereunder shall be exercisable by the transferee only to the extent, and for the periods, specified in this Agreement.
Appears in 1 contract
Sources: Stock Option Agreement (Care Capital Properties, Inc.)
Restrictions on Transfer of Option. (a) Except as otherwise provided in Section 5(b)subsection (b) and (c) below, the Option shall be exercisable during Optionee’s lifetime only by Optionee, and neither the Option nor any right hereunder shall be transferable except by bequest or the laws of descent and distribution. The Option may not be subject to execution sold, exchanged, delivered, assigned, bequeathed or other similar process. If Optionee attempts to alienategifted, assignpledged, pledgemortgaged, hypothecate hypothecated or otherwise dispose encumbered, transferred or permitted to be transferred, or otherwise disposed of, whether voluntarily, involuntarily or by operation of law (including, without limitation, the Option laws of bankruptcy, intestacy, descent and distribution or succession) or on an absolute or contingent basis. For purposes of this Section, any of reference to Optionee shall (when applicable) be deemed to be and include references to Optionee’s rights hereunderestate, except as provided herein executors or in Section 5(badministrators, personal or legal representatives and transferees (direct or indirect), or in the event of any levy or any attachment, execution or similar process upon the rights or interests hereby conferred, the Company may terminate the Option by notice to Optionee, and it shall thereupon become null and void.
(b) If permitted by the Committee, a Optionee may transfertransfer an Option granted hereunder to members of his or her Immediate Family (as defined below), in accordance with to one or more trusts for the Planbenefit of such Immediate Family members, any to one or all rights under this Agreement more partnerships where such Immediate Family members are the only partners, or to one or more limited liability companies where such Immediate Family members are the only members, if (i) Optionee’s child, stepchild, grandchild, parent, stepparent, grandparent, spouse, former spouse, sibling, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law, including adoptive relationships, or the Optionee does not receive any person sharing the Optionee’s household (other than a tenant or employee) (“Family Members”)consideration in any form whatsoever for such transfer, (ii) a trust or trusts in which Optionee and/or Optionee’s Family Members have more than 50% of the beneficial interestsuch transfer is permitted under applicable tax laws, or and (iii) a partnership, limited liability company or other entity in which if the Optionee and/or Optionee’s Family Members own more than 50% is an “Insider,” such transfer is permitted under Rule 16b-3 of the voting interests Exchange Act as in exchange for an interest effect from time to time. Any reference in the entity; provided that (a) any such transfer must be without any consideration Agreement to the performance of services for the Corporation by the Optionee for such transfer (other than interests in such partnership, limited liability company or other entity), and (b) all subsequent transfers of any rights under this Agreement shall be prohibited other than by bequest or the laws of descent and distribution. Following any such transfer, this Agreement shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, provided that for purposes of this Agreement and the Plan (excluding Section 6 hereof) the term “Optionee” shall be deemed to refer to the transferee. Any rights to exercise the Option transferred hereunder shall be exercisable performance by the transferee only to transferring Optionee. For purposes hereof, “Immediate Family” means the extentOptionee and the Optionee’s spouse, children and for the periods, specified in this Agreementgrandchildren.
Appears in 1 contract
Sources: Nonqualified Stock Option Agreement (Krispy Kreme Doughnuts Inc)
Restrictions on Transfer of Option. (a) Except as provided in Section 5(b), the Option shall be exercisable during Optionee’s lifetime only by Optionee, and neither the Option nor any right hereunder shall be transferable except by bequest or the laws of descent and distribution. The Option may not be subject to execution or other similar process. If Optionee attempts to alienate, assign, pledge, hypothecate or otherwise dispose of the Option or any of Optionee’s rights hereunder, except as provided herein or in Section 5(b), or in the event of any levy or any attachment, execution or similar process upon the rights or interests hereby conferred, the Company may terminate the Option by notice to Optionee, and it shall thereupon become null and void.
(b) Optionee may transfer, in accordance with the Plan, any or all rights under this Agreement to (i) Optionee’s child, stepchild, grandchild, parent, stepparent, grandparent, spouse, former spouse, sibling, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law children or sister-in-law, including adoptive relationships, or any person sharing the Optionee’s household (other than a tenant or employee) grandchildren (“Immediate Family Members”), (ii) a trust or trusts for the exclusive benefit of Optionee and/or Optionee’s Immediate Family Members or (iii) a partnership or limited liability company in which Optionee and/or Optionee’s Immediate Family Members have more than 50% of are the beneficial interestonly partners or members, or (iii) a partnership, limited liability company or other entity in which Optionee and/or Optionee’s Family Members own more than 50% of the voting interests in exchange for an interest in the entityas applicable; provided that (a) any such transfer must be without any consideration to Optionee for such transfer (other than interests in such partnership, limited liability company or other entity)transfer, and (b) all subsequent transfers of any rights under this Agreement shall be prohibited other than by bequest or the laws of descent and distribution. Following any such transfer, this Agreement shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, provided that for purposes of this Agreement and the Plan (excluding Section 6 hereofhereof and Section 6.7 of the Plan) the term “Optionee” shall be deemed to refer to the transferee. Any rights to exercise the Option transferred hereunder shall be exercisable by the transferee only to the extent, and for the periods, specified in this Agreement.
Appears in 1 contract
Sources: Stock Option Agreement (Ventas Inc)
Restrictions on Transfer of Option. (a) Except as provided in Section 5(b)) below, the Option shall be exercisable during Optionee’s lifetime only by Optionee, and neither the Option nor any right hereunder shall be transferable except by bequest or the laws of descent and distribution. The Option may not be subject to execution or other similar process. If Optionee attempts to alienate, assign, pledge, hypothecate or otherwise dispose of the Option or any of Optionee’s rights hereunder, except as provided herein in this Section 5(a) or in Section 5(b)) below, or in the event of any levy or any attachment, execution or similar process upon the rights or interests hereby conferred, the Company may terminate the Option by notice to Optionee, and it shall thereupon become null and void.
(b) Optionee may transfer, in accordance with the Plan, any or all rights under this Agreement to (i) Optionee’s child, stepchild, grandchild, parent, stepparent, grandparent, spouse, former spouse, sibling, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law, including adoptive relationships, or any person sharing the Optionee’s household (other than a tenant or employee) (“Family Members”), (ii) a trust or trusts in which Optionee and/or Optionee’s Family Members have more than 50% of the beneficial interest, or (iii) a partnership, limited liability company or other entity in which Optionee and/or Optionee’s Family Members own more than 50% of the voting interests in exchange for an interest in the entity; provided provided, that (a) any such transfer must be without any consideration to Optionee for such transfer (other than interests in such partnership, limited liability company or other entity), and (b) all subsequent transfers of any rights under this Agreement shall be prohibited other than by bequest or the laws of descent and distribution. Following any such transfer, this Agreement shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, provided provided, that for purposes of this Agreement and the Plan (excluding Section 6 hereofof this Agreement) the term “Optionee” shall be deemed to refer to the transferee. Any rights to exercise the Option transferred hereunder shall be exercisable by the transferee only to the extent, and for the periods, specified in this Agreement.
Appears in 1 contract
Sources: Stock Option Agreement (Care Capital Properties, Inc.)
Restrictions on Transfer of Option. (a) Except as provided in Section 5(b), the Option shall be exercisable during Optionee’s lifetime only by Optionee, and neither the Option nor any right hereunder shall be transferable except by bequest or the laws of descent and distribution. The Option may not be subject to execution or other similar process. If Optionee attempts to alienate, assign, pledge, hypothecate or otherwise dispose of the Option or any of Optionee’s rights hereunder, except as provided herein or in Section 5(b), or in the event of any levy or any attachment, execution or similar process upon the rights or interests hereby conferred, the Company may terminate the Option by notice to Optionee, and it shall thereupon become null and void.
(b) Optionee may transfer, in accordance with the Plan, any or all rights under this Agreement to (i) Optionee’s child, stepchild, grandchild, parent, stepparent, grandparent, spouse, former spouse, sibling, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law, including adoptive relationships, or any person sharing the Optionee’s household (other than a tenant or employee) (“Family Members”), (ii) a trust or trusts in which Optionee and/or Optionee’s Family Members have more than 50% of the beneficial interest, or (iii) a partnership, limited liability company or other entity in which Optionee and/or Optionee’s Family Members own more than 50% of the voting interests in exchange for an interest in the entity; provided that (a) any such transfer must be without any consideration to Optionee for such transfer (other than interests in such partnership, limited liability company or other entity), and (b) all subsequent transfers of any rights under this Agreement shall be prohibited other than by bequest or the laws of descent and distribution. Following any such transfer, this Agreement shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, provided that for purposes of this Agreement and the Plan (excluding Section 6 hereof) ), the term “Optionee” shall be deemed to refer to the transferee. Any rights to exercise the Option transferred hereunder shall be exercisable by the transferee only to the extent, and for the periods, specified in this Agreement.
Appears in 1 contract
Sources: Stock Option Agreement (Ventas Inc)