Eligibility Clause Example with 24 Variations from Business Contracts
This page contains Eligibility clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Eligibility. Any employee of the Company or the Participating Corporations is eligible to participate in an Offering Period under this Plan except the following (other than where prohibited by applicable law): (a) employees who are not employed by the Company or a Participating Corporation prior to the beginning of such Offering Period or prior to such other time period as specified by the Committee; (b) employees who are customarily employed for twenty (20) or less hours per week; (c) employees who are cust...omarily employed for five (5) months or less in a calendar year; (d) employees who, together with any other person whose stock would be attributed to such employee pursuant to Section 424(d) of the Code, own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations or who, as a result of being granted an option under this Plan with respect to such Offering Period, would own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations; (e) employees who do not meet any other eligibility requirements that the Committee may choose to impose (within the limits permitted by the Code); and (f) individuals who provide services to the Company or any of its Participating Corporations as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, an individual shall not be eligible if his or her participation in the Plan is prohibited by the law of any country that has jurisdiction over him or her or if he or she is subject to a collective bargaining agreement that does not provide for participation in the Plan.View More
Variations of a "Eligibility" Clause from Business Contracts
Eligibility. Any employee of the Company or the Participating Corporations is eligible to participate in an Offering Period under this Plan Plan, except that the Committee may exclude any or all of the following (other than where exclusion of such employees is prohibited by applicable law): (a) employees who are not employed by the Company or a Participating Corporation prior to the beginning of such Offering Period or prior to such other time period as specified by the Committee; (b) employees who are custo...marily employed for twenty (20) or less hours per week; (c) employees who are customarily employed for five (5) months or less in a calendar year; (d) (i) employees who are "highly compensated employees" of the Company or any Participating Corporation (within the meaning of Section 414(q) of the Code), or (ii) any employee who are "highly compensated employees" with compensation above a specified level, who is an officer and/or is subject to the disclosure requirements of Section 16(a) of the Exchange Act; (e) employees who are citizens or residents of a foreign jurisdiction (without regard to whether they are also a citizen of the United States or a resident alien (within the meaning of Section 7701(b)(1)(A) of the Code)) if either (i) such employee's participation is prohibited under the laws of the jurisdiction governing such employee, or (ii) compliance with the laws of the foreign jurisdiction would violate the requirements of Section 423 of the Code; (f) individuals who provide services to the Company or any of its Participating Corporations as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, employees who, together with any other person whose stock would be attributed to such employee pursuant to Section 424(d) of the Code, own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations or who, as a result of being granted an option under this Plan with respect to such Offering Period, would own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations; (e) employees who do Corporations may not meet any other eligibility requirements that the Committee may choose to impose (within the limits permitted by the Code); and (f) individuals who provide services to the Company or any of its Participating Corporations as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, an individual shall not be eligible if his or her participation in participate. 2 5. Offering Dates. (a) While the Plan is prohibited in effect, the Committee will determine the duration and commencement date of each Offering Period and Purchase Period, provided that an Offering Period will in no event be longer than twenty-seven (27) months, except as otherwise provided by an applicable subplan and (ii) no Purchase Period will end later that the last day of the Offering Period in which it begins. Offering Periods may be consecutive or overlapping. Each Offering Period may consist of one or more Purchase Periods during which payroll deductions of Participants are accumulated under this Plan. Purchase Periods will be consecutive. (b) Unless otherwise determined by the law Committee, (i) the initial Offering Period (the "Initial Offering Period") shall commence on the Effective Date and end August 31, 2021 and the Initial Purchase Period (the "Initial Purchase Period") shall commence on the Effective Date and end February 28, 2020 (ii) the Initial Offering Period and each subsequent Offering Period shall consist of any country four (4) six (6) month Purchase Periods (provided that has jurisdiction over him the Initial Purchase Period shall be less than six (6) months), and (iii) each Offering Period following the Initial Offering Period and each Purchase Period following the initial Purchase Period shall commence on each September 1 and March 1 and end on August 31 and February 28 of each two (2) year period or her each six (6) month period following commencement of such Offering Period or if he or she is subject Purchase Period, respectively. The Committee shall have the power to a collective bargaining agreement that does not provide for participation change these terms as provided in the Plan. Section 25 below. View More
Eligibility. Any employee of the Company or the Participating Corporations is eligible to participate in an Offering Period under this Plan Plan, except that the Committee may exclude any or all of the following (other than where exclusion of such employees is prohibited by applicable law): (a) employees who are not employed by the Company or a Participating Corporation prior to the beginning of such Offering Period or prior to such other time period as specified by the Committee; (b) employees who are custo...marily employed for twenty (20) or less hours per week; (c) employees who are customarily employed for five (5) months or less in a calendar year; (d) (i) employees who are "highly compensated employees" of the Company or any Participating Corporation (within the meaning of Section 414(q) of the Code), or (ii) any employee who is a "highly compensated employees" with compensation above a specified level, who is an officer and/or is subject to the disclosure requirements of Section 16(a) of the Exchange Act; (e) employees who are citizens or residents of a foreign jurisdiction (without regard to whether such employees also are citizens of the United States or resident aliens (within the meaning of Section 7701(b)(1)(A) of the Code) if either (i) such employee's participation is prohibited under the laws of the jurisdiction governing such employee, or (ii) compliance with the laws of the foreign jurisdiction would violate the requirements of Section 423 of the Code; (f) individuals who provide services to the Company or any of its Participating Corporations as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, employees who, together with any other person whose stock would be attributed to such employee pursuant to Section 424(d) of the Code, own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations or who, as a result of being granted an option under this Plan with respect to such Offering Period, would own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations; (e) employees who do Corporations may not meet any other eligibility requirements that the Committee may choose to impose (within the limits permitted by the Code); and (f) individuals who provide services to the Company or any of its Participating Corporations as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, an individual shall not be eligible if his or her participation in participate. 2 5. Offering Dates. (a) While the Plan is prohibited in effect, the Committee will determine the duration and commencement date of each Offering Period and Purchase Period, provided that an Offering Period will in no event be longer than twenty-seven (27) months, except as otherwise provided by an applicable sub-plan, and no Purchase Period will end later that the last day of the Offering Period in which it begins. Offering Periods may be consecutive or overlapping. Each Offering Period may consist of one or more Purchase Periods during which payroll deductions of Participants are accumulated under this Plan. Purchase Periods will be consecutive. The Committee shall have the power to change these terms as provided in Section 25 below. (b) Unless otherwise determined by the law Committee, (i) the initial Offering Period (the "Initial Offering Period") shall commence on the Effective Date and end February 15, 2021and the Initial Purchase Period (the "Initial Purchase Period") shall commence on the Effective Date and end on February 15, 2021 and (ii) each subsequent Offering Period shall commence on each consecutive August 16th and February 16th, with each such Offering Period consisting of any country that has jurisdiction over him or her or if he or she is subject a single six (6)-month Purchase Period ending on February 15th and August 15th, respectively. The Committee shall have the power to a collective bargaining agreement that does not provide for participation change these terms as provided in the Plan. Section 25 below. View More
Eligibility. Any employee of the Company or the Participating Corporations is eligible to participate in an Offering Period under this Plan Plan, except that the Committee may exclude any or all of the following (other than where exclusion of such employees is prohibited by applicable law): (a) employees who are not employed by the Company or a Participating Corporation prior to the beginning of such Offering Period or prior to such other time period as specified by the Committee; (b) employees who are custo...marily employed for twenty (20) or less hours per week; (c) employees who are customarily employed for five (5) months or less in a calendar year; (d) (i) employees who are "highly compensated employees" of the Company or any Participating Corporation (within the meaning of Section 414(q) of the Code), or (ii) any employee who are "highly compensated employees" with compensation above a specified level, who is an officer and/or is subject to the disclosure requirements of Section 16(a) of the Exchange Act; (e) employees who are citizens or residents of a foreign jurisdiction (without regard to whether they are also a citizen of the United States or a resident alien (within the meaning of Section 7701(b)(1)(A) of the Code)) if either (i) such employee's participation is prohibited under the laws of the jurisdiction governing such employee, or (ii) compliance with the laws of the foreign jurisdiction would violate the requirements of Section 423 of the Code; (f) individuals who provide services to the Company or any of its Participating Corporations as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, employees who, together with any other person whose stock would be attributed to such employee pursuant to Section 424(d) of the Code, own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations or who, as a result of being granted an option under this Plan with respect to such Offering Period, would own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations; (e) employees who do Corporations may not meet any other eligibility requirements that the Committee may choose to impose (within the limits permitted by the Code); and (f) individuals who provide services to the Company or any of its Participating Corporations as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, an individual shall not be eligible if his or her participation in participate. 2 5. Offering Dates. (a) While the Plan is prohibited in effect, the Committee will determine the duration and commencement date of each Offering Period and Purchase Period, provided that an Offering Period will in no event be longer than twenty-seven (27) months, except as otherwise provided by an applicable subplan and no Purchase Period will end later that the last day of the Offering Period in which it begins. Offering Periods may be consecutive or overlapping. Each Offering Period may consist of one or more Purchase Periods during which payroll deductions of Participants are accumulated under this Plan. Purchase Periods will be consecutive. The Committee shall have the power to change these terms as provided in Section 25 below. (b) Unless otherwise determined by the law Committee, (i) the initial Offering Period (the "Initial Offering Period"), which shall be comprised of a single Purchase Period of the same length (the "Initial Purchase Period"), shall commence on the Effective Date and end May 31, 2020 (or another date selected by the Committee (but in any country event not more than twenty-seven (27) months after the Effective Date) (ii) each Offering Period shall consist of a single six (6) month Purchase Period (provided that has jurisdiction over him or her or if he or she is subject the Initial Purchase Period shall be less than six (6) months), and (iii) each Offering Period following the Initial Offering Period shall commence on each June 1st and December 1st with each such Offering Period consisting of a single six (6) month Purchase Period ending on November 30th and May 31st, respectively. The Committee shall have the power to a collective bargaining agreement that does not provide for participation change these terms as provided in the Plan. Section 25 below. View More
Eligibility. Any employee of the Company or the Participating Corporations is eligible to participate in an Offering Period under this Plan Plan, except that the Committee may exclude any or all of the following (other than where exclusion of such employees is prohibited by applicable law): (a) employees who are not employed by the Company or a Participating Corporation prior to the beginning of such Offering Period or prior to such other time period as specified by the Committee; (b) employees who are custo...marily employed for twenty (20) or less hours per week; (c) employees who are customarily employed for five (5) months or less in a calendar year; (d) (i) employees who are "highly compensated employees" of the Company or any Participating Corporation (within the meaning of Section 414(q) of the Code), or (ii) any employee who are "highly compensated employees" with compensation above a specified level, who is an officer and/or is subject to the disclosure requirements of Section 16(a) of the Exchange Act; (e) employees who are citizens or residents of a foreign jurisdiction (without regard to whether they are also a citizen of the United States or a resident alien (within the meaning of Section 7701(b)(1)(A) of the Code)) if either (i) such employee's participation is prohibited under the laws of the jurisdiction governing such employee, or (ii) compliance with the laws of the foreign jurisdiction would violate the requirements of Section 423 of the Code; (f) individuals who provide services to the Company or any of its Participating Corporations as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, employees who, together with any other person whose stock would be attributed to such employee pursuant to Section 424(d) of the Code, own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations or who, as a result of being granted an option under this Plan with respect to such Offering Period, would own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations; (e) employees who do Corporations may not meet any other eligibility requirements that the Committee may choose to impose (within the limits permitted by the Code); and (f) individuals who provide services to the Company or any of its Participating Corporations as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, an individual shall not be eligible if his or her participation in participate. 2 5. Offering Dates. (a) While the Plan is prohibited in effect, the Committee will determine the duration and commencement date of each Offering Period and Purchase Period, provided that an Offering Period will in no event be longer than twenty-seven (27) months, except as otherwise provided by an applicable subplan and no Purchase Period will end later that the last day of the Offering Period in which it begins. Offering Periods may be consecutive or overlapping. Each Offering Period may consist of one or more Purchase Periods during which payroll deductions of Participants are accumulated under this Plan. Purchase Periods will be consecutive. The Committee shall have the power to change these terms as provided in Section 25 below. (b) Unless otherwise determined by the law Committee, (i) the initial Offering Period (the "Initial Offering Period") shall commence on the Effective Date and end November 15th, 2020 and the Initial Purchase Period (the "Initial Purchase Period") shall commence on the Effective Date and end on November 15th, 2020 and (ii) each subsequent Offering Period shall commence on each consecutive November 16th and May 16th, with each such Offering Period consisting of any country that has jurisdiction over him or her or if he or she is subject a single six (6)-month Purchase Period ending on May 15th and November 15th, respectively. The Committee shall have the power to a collective bargaining agreement that does not provide for participation change these terms as provided in the Plan. Section 25 below. View More
Eligibility. 5.1 Any employee Employee of the Company or the Participating Corporations Affiliates is eligible to participate in an Offering Period under this Plan except the following (other following: (a) Employees with less than where prohibited by applicable law): (a) employees who are not employed by six (6) months of service with the Company or a Participating Corporation Affiliate prior to the beginning of such Offering Period or prior to such other time period as specified by the Committee; (b) emplo...yees who are customarily employed for twenty (20) or less hours per week; (c) employees who are customarily employed for five (5) months or less in Employees who, as a calendar year; (d) employees who, result of being granted an option under this Plan with respect to such Offering Period, would, together with any other person whose stock would be attributed to such employee Employee pursuant to Section 424(d) of the Code, own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations or who, as a result of being granted an option under this Plan with respect to such Offering Period, would own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations; (e) employees who do not meet any other eligibility requirements that the Committee may choose to impose (within the limits permitted by the Code); and (f) Affiliate; (c) individuals who provide services to the Company or any of its Participating Corporations Affiliates as independent contractors who are reclassified as common law employees for any reason except reason, provided that this exclusion will not apply if such individuals are considered employees for federal income purposes of Section 423 of the Code; (d) Employees who reside in countries for whom such Employees' participation in the Plan would result in a violation under any corporate or securities laws of such country of residence; (e) Employees whose customary employment is five (5) months per calendar year or less; and (f) Employees whose customary employment tax purposes. The foregoing notwithstanding, an individual is twenty (20) hours or less per week. 5.2 Individuals who are not Employees of the Company or a Participating Affiliates shall not be eligible if his or her participation to participate in the Plan is prohibited by the law of any country that has jurisdiction over him or her or if he or she is subject to a collective bargaining agreement that does not provide for participation in the Plan. an Offering Period. View More
Eligibility. Any employee of the Company or the Participating Corporations Subsidiaries ("Eligible Employee") is eligible to participate in an the Offering Period (as hereinafter defined) under this Plan except the following (other than where prohibited by applicable law): following: (a) employees who are not have been employed by the Company or a Participating Corporation prior to Subsidiary for less than three (3) consecutive months preceding the beginning effective date of such Offering Period or prior to... such other time period as specified by the Committee; a grant of options under this Plan (the "Date of Grant"); (b) employees who are customarily employed for twenty (20) hours or less hours per week; (c) employees who are customarily employed for five (5) months or less in a calendar year; (d) employees who, together with any other person whose stock would be attributed to such employee pursuant to Section 424(d) of the Code, own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations Subsidiaries or who, as a result of being granted an option under this Plan with respect to such Offering Period, would own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations; Subsidiaries; and (e) employees who do not meet any other eligibility requirements that the Committee may choose to impose (within the limits permitted by the Code); and (f) individuals who provide services to the Company or any of its Participating Corporations Subsidiaries as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, an individual shall not be eligible if his or her participation in the Plan is prohibited by the law of any country that has jurisdiction over him or her or if he or she is subject to a collective bargaining agreement that does not provide for participation in the Plan.View More
Eligibility. Any employee of the Company or the Participating Corporations Subsidiaries is eligible to participate in an Offering Period (as hereinafter defined) under this Plan except the following (other than where prohibited by applicable law): (a) following: a) employees who are not employed by the Company or a Participating Corporation Subsidiary prior to the beginning of such Offering Period or prior to such other time period as specified by the Committee; (b) b) employees who are customarily employed ...for twenty (20) hours or less hours per week; (c) c) employees who are customarily employed for five (5) months or less in a calendar year; (d) d) employees who, together with any other person whose stock would be attributed to such employee pursuant to Section 424(d) of the Code, own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations Subsidiaries or who, as a result of being granted an option under this Plan with respect to such Offering Period, would own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations; (e) employees who do not meet any other eligibility requirements that the Committee may choose to impose (within the limits permitted by the Code); and (f) Subsidiaries; e) individuals who provide services to the Company or any of its Participating Corporations Subsidiaries as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, an individual shall not be eligible if his or her purposes; and f) employees who reside in countries for whom such employees' participation in the Plan is prohibited by the law would result in a violation under any corporate or securities laws of any such country that has jurisdiction over him or her or if he or she is subject to a collective bargaining agreement that does not provide for participation in the Plan. of residence. View More
Eligibility. (a) Any employee of the Company or the Participating Corporations is eligible to participate in an Offering Period under this Plan Plan, except that one or more of the following categories of employees may be excluded from eligibility under this Plan by the Committee (other than where such exclusion is prohibited by applicable law): (a) employees who are not employed by the Company or a Participating Corporation prior to the beginning of such Offering Period or prior to such other time period as... specified by the Committee; (b) (i) employees who are customarily employed for twenty (20) hours or less hours per week; (c) (ii) employees who are customarily employed for five (5) months or less in a calendar year; (d) and (iii) employees who do not meet any other eligibility requirements that the Committee may choose to impose (within the limits permitted by the Code). Notwithstanding the foregoing, an individual shall not be eligible if his or her participation in this Plan is prohibited by the law of any country having jurisdiction over him or her, if complying with the laws of the applicable country would cause the Plan to violate Section 423 of the Code, or if he or she is subject to a collective bargaining agreement that does not provide for participation in this Plan. (b) No employee who, together with any other person whose stock would be attributed to such employee pursuant to Section 424(d) of the Code, own owns stock or hold holds options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations Parent or Subsidiary or who, as a result of being granted an option under this Plan with respect to such Offering Period, would own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any its Parent or Subsidiary shall be granted an option to purchase Common Stock under this Plan. Notwithstanding the foregoing, the rules of its Participating Corporations; (e) employees who do not meet any other eligibility requirements that Section 424(d) of the Committee may choose Code shall apply in determining share ownership and the extent to impose (within the limits permitted which shares held under outstanding equity awards are to be treated as owned by the Code); and (f) individuals who provide services to the Company or any of its Participating Corporations as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, an individual shall not be eligible if his or her participation in the Plan is prohibited by the law of any country that has jurisdiction over him or her or if he or she is subject to a collective bargaining agreement that does not provide for participation in the Plan. employee. View More
Eligibility. Any (a)Any employee of the Company or the Participating Corporations is eligible to participate in an Offering Period under this Plan Plan, except that one or more of the following categories of employees may be excluded from eligibility under this Plan by the Committee (other than where such exclusion is prohibited by applicable law): (a) employees who are not employed by the Company or a Participating Corporation prior to the beginning of such Offering Period or prior to such other time period... as specified by the Committee; (b) employees (i)employees who are customarily employed for twenty (20) hours or less hours per week; (c) employees (ii)employees who are customarily employed for five (5) months or less in a calendar year; (d) employees and (iii)employees who do not meet any other eligibility requirements that the Committee may choose to impose (within the limits permitted by the Code). Notwithstanding the foregoing, an individual shall not be eligible if his or her participation in this Plan is prohibited by the law of any country having jurisdiction over him or her, if complying with the laws of the applicable country would cause the Plan to violate Section 423 of the Code, or if he or she is subject to a collective bargaining agreement that does not provide for participation in this Plan. (b) No employee who, together with any other person whose stock would be attributed to such employee pursuant to Section 424(d) of the Code, own owns stock or hold holds options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations Parent or Subsidiary or who, as a result of being granted an option under this Plan with respect to such Offering Period, would own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any its Parent or Subsidiary shall be granted an option to purchase Common Stock under this Plan. Notwithstanding the foregoing, the rules of its Participating Corporations; (e) employees who do not meet any other eligibility requirements that Section 424(d) of the Committee may choose Code shall apply in determining share ownership and the extent to impose (within the limits permitted which shares held under outstanding equity awards are to be treated as owned by the Code); and (f) individuals who provide services to the Company or any of its Participating Corporations as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, an individual shall not be eligible if his or her participation in the Plan is prohibited by the law of any country that has jurisdiction over him or her or if he or she is subject to a collective bargaining agreement that does not provide for participation in the Plan. employee. View More
Eligibility. Any employee of the Company or the Participating Corporations is eligible to participate in an Offering Period under this Plan Plan, except that the Committee may exclude any or all of the following (other than where exclusion of such employees is prohibited by applicable law): (a) employees who are not employed by the Company or a Participating Corporation prior to the beginning of such Offering Period or prior to such other time period as specified by the Committee; (b) employees who are custo...marily employed for twenty (20) or less hours per week; (c) employees who are customarily employed for five (5) months or less in a calendar year; (d) (i) employees who are "highly compensated employees" of the Company or any Participating Corporation (within the meaning of Section 414(q) of the Code), or (ii) any employee who are "highly compensated employees" with compensation above a specified level, who is an officer and/or is subject to the disclosure requirements of Section 16(a) of the Exchange Act; (e) employees who are citizens or residents of a foreign jurisdiction (without regard to whether any such employee is also a citizen of the United States or a resident alien (within the meaning of Section 7701(b)(1)(A) of the Code)) if either (i) such employee's participation is prohibited under the laws of the jurisdiction governing such employee, or (ii) compliance with the laws of the foreign jurisdiction would violate the requirements of Section 423 of the Code; (f) individuals who provide services to the Company or any of its Participating Corporations as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, employees who, together with any other person whose stock would be attributed to such employee pursuant to Section 424(d) of the Code, own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations or who, as a result of being granted an option under this Plan with respect to such Offering Period, would own stock or hold options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of the Company or any of its Participating Corporations; (e) employees who do Corporations may not meet any other eligibility requirements that the Committee may choose to impose (within the limits permitted by the Code); and (f) individuals who provide services to the Company or any of its Participating Corporations as independent contractors who are reclassified as common law employees for any reason except for federal income and employment tax purposes. The foregoing notwithstanding, an individual shall not be eligible if his or her participation in participate. 2 5. Offering Dates. While the Plan is prohibited in effect, the Committee will determine the duration and commencement date of each Offering Period and Purchase Period, provided that an Offering Period will in no event be longer than twenty-seven (27) months, except as otherwise provided by an applicable subplan and no Purchase Period will end later that the law last day of any country that has jurisdiction over him the Offering Period in which it begins. Offering Periods may be consecutive or her overlapping. Each Offering Period may consist of one or if he or she is subject more Purchase Periods during which payroll deductions of Participants are accumulated under this Plan. Purchase Periods will be consecutive. The Committee shall have the power to a collective bargaining agreement that does not provide for participation change these terms as provided in the Plan. Section 25 below. View More
