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Re: themaude post# 28014

Friday, 05/23/2003 9:10:53 PM

Friday, May 23, 2003 9:10:53 PM

Post# of 433223
JimLur/themaude:Termination of the 2000 Plan/1999 Plan?

I don't have the information for the 1999 plan but in this year's Proxy, at page 23, it says: "Unless earlier terminated, the 2000 Plan will terminate at such time that no shares reserved under the Plan remain available and the Company has no further rights or obligations with respect to any outstanding Award."

So IF the 1999 plan provisions are identical (and that wouldn't be surrpising) then the Plan is named for the year in which it is adopted HOWEVER the Plan remains in effect as described, potentially long beyond the year in which it is adopted.

So long as shares remain available for grant, and I believe that can include shares that were turned back as a result of being granted and not vesting for one reason or another (e.g., employee is granted options which vest over the course of years, employee leaves the company prior to the time all shares vest), then the plan remains in effect--in fact for some time beyond that since the granted options have a 10 year exercise period prior to expiration.

I'm not positive about whether options granted which don't vest are then counted once again as available for grant again, but I think they are.


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