Monday, April 04, 2005 7:05:16 PM
Did a little more quick research. According to the S-4 the options were granted under the 1995 option plan. The 1995 plan calls for both incentive and non-incentive options to be issued. So unless we see the grant award notice, cannot tell which one was granted, or the tax rules that apply. Abstracts from the plan, (note highlighted wording);
Section 1. Purposes.
The purposes of the Plan are (a) to recognize and compensate selected Employees and Outside Directors of the Company and its Subsidiaries who contribute to the development and success of the Company and/or its
Subsidiaries; (b) to maintain the competitive position of the Company and its Subsidiaries by attracting and retaining qualified Employees and Outside Directors of the Company; and (c) to provide inventive compensation to Employees based upon the Company's performance as measured by the appreciation in Common Stock. The Options granted pursuant to the Plan are intended to constitute either Incentive Stock Options within the meaning of Section 422 of the Code on (sp?) Non-Qualified Stock Options except that no Incentive Stock Option will be granted to persons other than Employees as that term is specifically defined with respect to Incentive Stock Options. The terms of this Plan shall be
incorporated in any Option Agreement to be executed by an Optionee and the type of Options granted will be specified in the Agreement.
(d) Form of Option. The Option Agreement shall state whether the Option granted is an Incentive Stock Option or a Non-Qualified Stock Option, and will constitute a binding determination as to the form of the Option granted.
Section 1. Purposes.
The purposes of the Plan are (a) to recognize and compensate selected Employees and Outside Directors of the Company and its Subsidiaries who contribute to the development and success of the Company and/or its
Subsidiaries; (b) to maintain the competitive position of the Company and its Subsidiaries by attracting and retaining qualified Employees and Outside Directors of the Company; and (c) to provide inventive compensation to Employees based upon the Company's performance as measured by the appreciation in Common Stock. The Options granted pursuant to the Plan are intended to constitute either Incentive Stock Options within the meaning of Section 422 of the Code on (sp?) Non-Qualified Stock Options except that no Incentive Stock Option will be granted to persons other than Employees as that term is specifically defined with respect to Incentive Stock Options. The terms of this Plan shall be
incorporated in any Option Agreement to be executed by an Optionee and the type of Options granted will be specified in the Agreement.
(d) Form of Option. The Option Agreement shall state whether the Option granted is an Incentive Stock Option or a Non-Qualified Stock Option, and will constitute a binding determination as to the form of the Option granted.
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