Eligibility Clause Example with 9 Variations from Business Contracts

Eligibility. (a) First Offering Period. Any individual person who is an Eligible Employee immediately prior to as of the first date 30 days before the Offering Date of a given Offering Period will be automatically enrolled in the first Offering Period. (b) Subsequent Offering Periods. Any Eligible Employee on a given Enrollment Date subsequent to the first Offering Period will shall be eligible to participate in the Plan, such Offering Period, subject to the requirements of Section 5. (c) Non-U.S. Employees.... Eligible Employees who are citizens or residents of a non-U.S. jurisdiction (without regard to whether they also are citizens or residents of 5(a) and the United States or resident aliens (within the meaning of limitations imposed by Section 7701(b)(1)(A) of the Code)) may be excluded from participation in the Plan or an Offering if the participation of such Eligible Employees is prohibited under the laws of the applicable jurisdiction or if complying with the laws of the applicable jurisdiction would cause the Plan or an Offering to violate Section 423 423(b) of the Code. In the case of the Non-423 Component, Eligible Employee may be excluded from participation in the Plan or an Offering if the Administrator has determined that participation of such Eligible Employee is not advisable or practicable. (d) Limitations. (b) Any provisions of the Plan to the contrary notwithstanding, notwithstanding other than Section 3(c), no Eligible Employee will shall be granted an option under the Plan (i) to the extent that, if, immediately after the grant, such Eligible Employee (or any other person whose stock would be attributed to such Eligible Employee pursuant to Section 424(d) of the Code) would own capital stock shares of the Company or any Parent or Subsidiary beneficial ownership of the Company and/or hold outstanding options to purchase such stock Shares possessing five percent (5%) or more of the total combined voting power or value of all classes of the capital stock Shares of the Company or shares of common stock of any Parent or Subsidiary of the Company, or (ii) to the extent that if such option would permit his or her rights to purchase stock Shares under all employee stock purchase plans (as defined (described in Section 423 of the Code) of the Company or any Parent or Subsidiary of the Company accrues and its Subsidiaries to accrue at a rate, which rate that exceeds twenty-five thousand dollars Twenty-Five Thousand Dollars ($25,000) worth of stock (determined at the Fair Market Value of the stock such Shares (determined at the time such option is granted) for each calendar year in which such option is outstanding at any time, as determined time. (c) Employees of affiliates of the Company that are not corporate Subsidiaries, and Employees who are ineligible to participate pursuant to Section 3(b)(i) may, in the sole discretion of the Administrator, be eligible to participate in any Company sub-plan or sub-plans that the Administrator may establish in accordance with Section 423 of the Code and the regulations thereunder. 19(d). View More

Eligibility. (a) First Offering Period. Periods. Any individual who is an Eligible Employee immediately prior to as of the first Enrollment Date of any Offering Period will be automatically enrolled in the first Offering Period. (b) Subsequent Offering Periods. Any Eligible Employee on a given Enrollment Date subsequent to the first Offering Period will under this Plan shall be eligible to participate in the Plan, such Offering Period, subject to the requirements of Section 5. (c) Non-U.S. Employees. Eligibl...e Employees who are citizens or residents 4. Additionally, provided that an individual is an Employee as of a non-U.S. jurisdiction (without regard to whether they also are citizens or residents of the United States or resident aliens (within the meaning of Section 7701(b)(1)(A) of the Code)) may be excluded from participation in the Plan or Semi-Annual Entry Date within an Offering if the participation of Period, such Eligible Employees is prohibited under the laws of the applicable jurisdiction or if complying with the laws of the applicable jurisdiction would cause the Plan or an individual may enter such Offering to violate Section 423 of the Code. In the case of the Non-423 Component, Eligible Employee may be excluded from participation in the Plan or an Offering if the Administrator has determined that participation of Period on such Eligible Employee is not advisable or practicable. (d) Semi-Annual Entry Date. (b) Limitations. Any provisions of the Plan to the contrary notwithstanding, no Eligible Employee will shall be granted an option a purchase right under the Plan (i) to the extent that, immediately after the grant, such Eligible Employee (or any other person whose stock would be attributed to such Eligible Employee pursuant to Section 424(d) of the Code) would own capital stock of the Company or any Parent or Subsidiary of the Company and/or hold outstanding options to purchase such stock possessing five percent (5%) or more of the total combined voting power or value of all classes of the capital stock of the Company or of any Parent or Subsidiary of the Company, or (ii) to the extent that his or her rights to purchase stock under all employee stock purchase plans (as defined in Section 423 of the Code) of the Company or any Parent or Subsidiary of the Company accrues at a rate, rate which exceeds twenty-five thousand dollars ($25,000) worth of stock (determined at the Fair Market Value of the stock at the time such option purchase right is granted) for each calendar year in which such option purchase right is outstanding at any time, as determined in accordance with Section 423 of the Code and the regulations thereunder. time. View More

Eligibility. (a) First Offering Period. Any individual person who is an Eligible Employee immediately prior to as of the first beginning of any Offering Period will be automatically enrolled in the first Offering Period. (b) Subsequent Offering Periods. Any Eligible Employee on a given Enrollment Date subsequent to the first Offering Period will shall be eligible to participate in such Offering Period under the Plan, subject to the requirements of Section 5. (c) Non-U.S. Employees. Eligible Employees who are... citizens or residents of a non-U.S. jurisdiction (without regard to whether they also are citizens or residents 5(a) and the limitations imposed by Section 423(b) of the United States or resident aliens (within Code; provided, however, that the meaning Board may impose a requirement, prior to the start of Section 7701(b)(1)(A) of the Code)) may be excluded from participation in the Plan or an Offering if Period, that an individual be employed with the participation Company or a Designated Subsidiary for a specified period of such Eligible Employees is prohibited under the laws of time (which shall be less than two years) prior to the applicable jurisdiction or if complying with the laws of the applicable jurisdiction would cause the Plan or an Offering Date to violate Section 423 of the Code. In the case of the Non-423 Component, Eligible Employee may be excluded from participation eligible to participate in the Plan or an that Offering if the Administrator has determined that participation of such Eligible Employee is not advisable or practicable. (d) Limitations. Period. (b) Any provisions of the Plan to the contrary notwithstanding, no Eligible Employee will shall be granted an option under the Plan (i) to the extent that, if, immediately after the grant, such Eligible Employee (or any other person whose stock would be attributed to such Eligible Employee pursuant to Section 424(d) of the Code) would own capital stock of the Company or any Parent or Subsidiary of the Company and/or hold outstanding options to purchase such stock possessing five percent (5%) or more of the total combined voting power or value of all classes of the capital stock of the Company Company, any Subsidiary or of any Parent or Subsidiary of the Company, Parent, or (ii) to the extent that if such option would permit his or her rights 3 to purchase stock under all employee stock purchase plans (as defined (described in Section 423 of the Code) of the Company Company, any Subsidiary or any Parent or Subsidiary of the Company accrues to accrue at a rate, rate which exceeds twenty-five thousand dollars Twenty-Five Thousand Dollars ($25,000) worth of stock (determined at the Fair Market Value of the such stock (determined at the time such option is granted) for each calendar year in which such option is outstanding at any time, as determined in accordance with Section 423 of the Code and the regulations thereunder. time. View More

Eligibility. (a) First Offering Period. Any individual who is an Eligible Employee immediately prior to the first Offering Period will be automatically enrolled in the first Offering Period. (b) Subsequent Offering Periods. Any Eligible Employee on a given Enrollment Offering Date subsequent to the first Offering Period will shall be eligible to participate in the Plan, subject to the requirements of Section 5. (c) Non-U.S. Employees. Eligible Employees provided, however, that employees who are citizens or r...esidents of a non-U.S. jurisdiction (without regard to whether they also are citizens or residents of the United States or resident aliens (within the meaning of Section 7701(b)(1)(A) of the Code)) may be excluded from participation in the Plan or an Offering if the participation of such Eligible Employees is prohibited under the laws of the applicable jurisdiction or if complying with the laws of the applicable jurisdiction would cause the Plan or an Offering to violate Section 423 of the Code. In the case of the Non-423 Component, Eligible Employee may be excluded from participation in the Plan or an Offering if the Administrator has determined that participation of such Eligible Employee is not advisable or practicable. (d) Limitations. Any Further, notwithstanding any provisions of the Plan to the contrary notwithstanding, contrary, no Eligible Employee will may be granted an option a purchase right under the 423 Component of the Plan (i) to the extent that, immediately after the grant, such Eligible Employee (or any other person whose stock would be attributed to such Eligible Employee pursuant to Section 424(d) of the Code) would own capital stock of the Company or any Parent or Subsidiary of the Company and/or hold outstanding options purchase rights to purchase such capital stock possessing five percent (5%) or more of the total combined voting power or value of all classes of the capital stock of the Company or of any Parent or Subsidiary of the Company, Subsidiary, or (ii) to the extent that his or her rights to purchase capital stock under all employee stock purchase plans (as defined in Section 423 of the Code) of the Company or any Parent or Subsidiary of the Company and its subsidiaries accrues at a rate, which rate that exceeds twenty-five thousand dollars ($25,000) Twenty-Five Thousand Dollars (US$25,000) worth of such stock (determined at the Fair Market Value of the shares of such stock at the time such option purchase right is granted) for each calendar year in which such option purchase right is both outstanding at any time, as determined in accordance with Section 423 of the Code and the regulations thereunder. exercisable. View More

Eligibility. (a) First Offering Period. 3.1 Any individual Employee as defined in paragraph 2 who is employed by the Company as of an Eligible Employee immediately prior to the first Offering Period will be automatically enrolled in the first Offering Period. (b) Subsequent Offering Periods. Any Eligible Employee on a given Enrollment Date subsequent to the first Offering Period will shall be eligible to participate in the Plan, subject to Plan; provided that for purposes of Participants participating in the... requirements of Code Section 5. (c) Non-U.S. Employees. Eligible 423 Plan Component, this rule will be applied on a uniform and non-discriminatory basis. 0 CYPRESS 3.2 Employees who are citizens or residents of a non-U.S. jurisdiction (without regard to whether they also are citizens or residents of the United States or resident aliens (within the meaning of Section 7701(b)(1)(A) of the Code)) may be excluded from participation in the Plan or an Offering Period if the participation of such Eligible Employees is prohibited under the laws of the applicable jurisdiction or if complying with the laws of the applicable jurisdiction would cause the Plan or an Offering to violate Section 423 of the Code. In 3.3 No Employee shall be eligible to participate in the case Non-423(b) Component of the Non-423 Component, Eligible Employee may be excluded from participation in Plan if he or she is an officer or director of the Plan or an Offering if Company subject to the Administrator has determined that participation requirements of such Eligible Employee is not advisable or practicable. (d) Limitations. Section 16 of the Act. 3.4 Any provisions of the Plan to the contrary notwithstanding, no Eligible Employee will shall be granted an option under the Plan (i) to the extent that, if, immediately after the grant, such Eligible Employee (or any other person whose stock would be attributed to such Eligible Employee pursuant to Section 424(d) of the Code) would own capital stock of the Company or any Parent or Subsidiary of the Company and/or hold outstanding options to purchase such stock possessing five percent (5%) or more of the total combined voting power or value of all classes of the capital stock of the Company or of any Parent or Subsidiary subsidiary of the Company, or (ii) to the extent that which permits his or her rights to purchase stock under all employee stock purchase plans (as defined in Section 423 of the Code) of the Company or any Parent or Subsidiary of the Company accrues and its subsidiaries to accrue at a rate, rate which exceeds twenty-five thousand dollars Twenty-Five Thousand Dollars ($25,000) worth of fair market value of such stock (determined at the Fair Market Value of the stock determined at the time such option is granted) for each calendar year in which such option is outstanding at any time, as determined in accordance with Section 423 of the Code and the regulations thereunder. time. View More

Eligibility. (a) First Offering Period. Any individual who is an Eligible Employee immediately prior to the first Offering Period will be automatically enrolled in the first Offering Period. Period before the date upon which the Company's Registration Statement is declared effective by the U.S. Securities and Exchange Commission at the maximum level of contribution as provided in Section 6(a) hereof. (b) Subsequent Offering Periods. Any Eligible Employee on a given Enrollment Date subsequent to the first Off...ering Period will be eligible to participate in the Plan, subject to the requirements of Section 5. (c) Non-U.S. Employees. Eligible Employees who are citizens or residents of a non-U.S. jurisdiction (without regard to whether they also are citizens or residents of the United States or resident aliens (within the meaning of Section 7701(b)(1)(A) of the Code)) may be excluded from participation in the Plan or an Offering if the participation of such Eligible Employees is prohibited under the laws of the applicable jurisdiction or if complying with the laws of the applicable jurisdiction would cause the Plan or an Offering to violate Section 423 of the Code. In the case of the Non-423 Component, Eligible Employee may be excluded from participation in the Plan or an Offering if the Administrator has determined that participation of such Eligible Employee is not advisable or practicable. (d) Limitations. Any provisions of the Plan to the contrary notwithstanding, no Eligible Employee will be granted an option under the Plan (i) to the extent that, immediately after the grant, such Eligible Employee (or any other person whose stock would be attributed to such Eligible Employee pursuant to Section 424(d) of the Code) would own capital stock of the Company or any Parent or Subsidiary of the Company and/or hold outstanding options to purchase such stock possessing five percent (5%) or more of the total combined voting power or value of all classes of the capital stock of the Company or of any Parent or Subsidiary of the Company, or (ii) to the extent that his or her rights to purchase stock under all employee stock purchase plans (as defined in Section 423 of the Code) of the Company or any Parent or Subsidiary of the Company accrues at a rate, which exceeds twenty-five thousand dollars ($25,000) worth of stock (determined at the Fair Market Value of the stock at the time such option is granted) for each calendar year in which such option is outstanding at any time, as determined in accordance with Section 423 of the Code and the regulations thereunder. View More

Eligibility. (a) First Offering Period. Any individual who is an Eligible Employee immediately prior to the first Offering Period will be automatically enrolled in the first Offering Period. (b) Subsequent Offering Periods. Any Eligible Employee on a given Enrollment Offering Date subsequent to the first Offering Period will be eligible to participate in the Plan, subject to the requirements of Section 5. (c) Non-U.S. Employees. Eligible Employees who are citizens or residents of a non-U.S. jurisdiction (wit...hout regard to whether they also are citizens or residents of the United States or resident aliens (within the meaning of Section 7701(b)(1)(A) of the Code)) may be excluded from participation in the Plan or an Offering if the participation of such Eligible Employees is prohibited under the laws of the applicable jurisdiction or if complying with the laws of the applicable jurisdiction would cause the Plan or an Offering to violate Section 423 of the Code. In the case of the Non-423 Component, Eligible Employee may be excluded from participation in the Plan or an Offering if the Administrator has determined that participation of such Eligible Employee is not advisable or practicable. (d) Limitations. Any provisions of the Plan to the contrary notwithstanding, no Eligible Employee will be granted an option under the Plan (i) to the extent that, immediately after the grant, such Eligible Employee (or any other person whose stock would be attributed to such Eligible Employee pursuant to Section 424(d) of the Code) would own capital stock of the Company or any Parent or Subsidiary of the Company and/or hold outstanding options to purchase such stock possessing five percent (5%) or more of the total combined voting power or value of all classes of the capital stock of the Company or of any Parent or Subsidiary of the Company, or (ii) to the extent that his or her rights to purchase stock under all employee stock purchase plans (as defined in Section 423 of the Code) of the Company or any Parent or Subsidiary of the Company accrues at a rate, rate which exceeds twenty-five thousand dollars ($25,000) worth of stock (determined at the Fair Market Value of the stock at the time such option is granted) for each calendar year in which such option is outstanding at any time, as determined in accordance with Section 423 of the Code and the regulations thereunder. time. View More

Eligibility. (a) First Offering Period. Any individual who is an Eligible Employee immediately prior to the first Offering Period will be automatically enrolled in the first Offering Period. (b) Subsequent Offering Periods. Any Eligible Employee on a given Enrollment Date subsequent to the first Offering Period will be eligible to participate in the Plan, subject to the requirements of Section 5. (c) Non-U.S. Employees. Eligible Employees who are citizens or residents of a non-U.S. jurisdiction (without rega...rd to whether they also are citizens or residents of the United States or resident aliens (within the meaning of Section 7701(b)(1)(A) of the Code)) may be excluded from participation in the Plan or an Offering if the participation of such Eligible Employees is prohibited under the laws of the applicable jurisdiction or if complying with the laws of the applicable jurisdiction would cause the Plan or an Offering to violate Section 423 of the Code. In the case of the Non-423 Component, Eligible Employee Employees may be excluded from participation in the Plan or an Offering if the Administrator has determined that participation of such Eligible Employee Employees is not advisable or practicable. (d) Limitations. Any provisions of the Plan to the contrary notwithstanding, no Eligible Employee will be granted an option under the Plan (i) to the extent that, immediately after the grant, such Eligible Employee (or any other person whose stock would be attributed to such Eligible Employee pursuant to Section 424(d) of the Code) would own capital stock of the Company or any Parent or Subsidiary of the Company and/or hold outstanding options to purchase such stock possessing five percent (5%) or more of the total combined voting power or value of all classes of the capital stock of the Company or of any Parent or Subsidiary of the Company, or (ii) to the extent that his or her rights to purchase stock under all employee stock purchase plans (as defined in Section 423 of the Code) of the Company or any Parent or Subsidiary of the Company accrues at a rate, which exceeds twenty-five thousand dollars ($25,000) worth of stock (determined at the Fair Market Value of the stock at the time such option is granted) for each calendar year in which such option is outstanding at any time, as determined in accordance with Section 423 of the Code and the regulations thereunder. 4. Offering Periods. The Plan will be implemented by consecutive Offering Periods with a new Offering Period commencing on the first Trading Day on or after May 31 and November 30 each year, or on such other date as the Administrator will determine; provided, however, that the first Offering Period under the Plan will commence with the first Trading Day on or after the date upon which the Company's Registration Statement is declared effective by the U.S. Securities and Exchange Commission and end on the first Trading Day on or after May 31, 2017, and provided, further, that the second Offering Period under the Plan will commence on the first Trading Day on or after May 31, 2017. The Administrator will have the power to change the duration of Offering Periods (including the commencement dates thereof) with respect to future Offerings without stockholder approval if such change is announced prior to the scheduled beginning of the first Offering Period to be affected thereafter; provided, however, that no Offering Period may last more than twenty-seven (27) months. View More

Eligibility. (a) First Offering Period. Any individual who is an Eligible Employee immediately prior to the first Offering Period will be automatically enrolled in the first Offering Period. (b) Subsequent Offering Periods. Any Eligible Employee on a given Enrollment Date subsequent to the first Offering Period will be eligible to participate in the Plan, subject to the requirements of Section 5. (c) Non-U.S. Employees. Eligible Employees who are citizens or residents of a non-U.S. jurisdiction (without rega...rd to whether they also are citizens or residents of the United States or resident aliens (within the meaning of Section 7701(b)(1)(A) of the Code)) may be excluded from participation in the Plan or an Offering if the participation of such Eligible Employees is prohibited under the laws of the applicable jurisdiction or if complying with the laws of the applicable jurisdiction would cause the Plan or an Offering to violate Section 423 of the Code. In the case of the Non-423 Component, Eligible Employee may be excluded from participation in the Plan or an Offering if the Administrator has determined that participation of such Eligible Employee is not advisable or practicable. (d) Limitations. Any provisions of the Plan to the contrary notwithstanding, no Eligible Employee will be granted an option under the Plan (i) to the extent that, immediately after the grant, such Eligible Employee (or any other person whose stock would be attributed to such Eligible Employee pursuant to Section 424(d) of the Code) would own capital stock of the Company or any Parent or Subsidiary of the Company and/or hold outstanding options to purchase such stock possessing five percent (5%) or more of the total combined voting power or value of all classes of the capital stock of the Company or of any Parent or Subsidiary of the Company, or (ii) to the extent that his or her rights to purchase stock under all employee stock purchase plans (as defined in Section 423 of the Code) of the Company or any Parent or Subsidiary of the Company accrues at a rate, which exceeds twenty-five thousand dollars ($25,000) worth of stock (determined at the Fair Market Value of the stock at the time such option is granted) for each calendar year in which such option is outstanding at any time, as determined in accordance with Section 423 of the Code and the regulations thereunder. 6 4. Offering Periods. The Plan will be implemented by consecutive Offering Periods with a new Offering Period commencing on the first Trading Day on or after March 1 and September 1 each year, or on such other date as the Administrator will determine; provided, however, that the first Offering Period under the Plan will commence with the first Trading Day on or after the date upon which the Company's Registration Statement is declared effective by the Securities and Exchange Commission and end on the first Trading Day on or after September 1, 2014, and provided, further, that the second Offering Period under the Plan will commence on the first Trading Day on or after September 1, 2014. The Administrator will have the power to change the duration of Offering Periods (including the commencement dates thereof) with respect to future Offerings without stockholder approval if such change is announced prior to the scheduled beginning of the first Offering Period to be affected thereafter; provided, however, that no Offering Period may last more than twenty-seven (27) months. View More