Offerings Clause Example with Variations from Business Contracts

Offerings. The Company may make one or more offerings to eligible employees to purchase Common Shares Stock under the Plan ("Offerings"). The initial Offering will begin and end on dates to be determined by the Administrator (the "Initial Offering"). Thereafter, unless otherwise determined by the Administrator, an Offering will begin on the first business day occurring on or after each June 1st and December 1st and will end on the last business day occurring on or before the following November 30th and... May 31st, respectively. The Administrator may, in its discretion, designate a different period for determine when each Offering shall occur, including the duration of any Offering, provided that no Offering shall exceed 27 twenty-seven (27) months in duration or overlap with any other Offering. 2 duration. Unless otherwise determined by the Administrator, Participants will only be permitted to participate in one Offering at a time. J-1 3. Eligibility. All Except as otherwise determined by the Administrator in advance of an Offering, all individuals classified and reflected as employees on the payroll records of the Company and each Designated Subsidiary are eligible to participate in any one or more of the Offerings under the Plan, provided that, except as otherwise determined by the Administrator in advance of any Offering, that as of the first day of the applicable Offering (the "Offering Date") they are customarily employed by the Company or a Designated Subsidiary for more than 20 twenty (20) hours a week and have completed at least 6 full months of employment. week. Notwithstanding any other provision herein, individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary for purposes of the Company's or applicable Designated Subsidiary's payroll system are not considered to be eligible employees of the Company or any Designated Subsidiary and shall not be eligible to participate in the Plan. In the event any such individuals are reclassified as employees of the Company or a Designated Subsidiary for any purpose, including, without limitation, common law or statutory employees, by any action of any third party, including, without limitation, any government agency, or as a result of any private lawsuit, action or administrative proceeding, such individuals shall, notwithstanding such reclassification, remain ineligible for participation. Notwithstanding the foregoing, the exclusive means for individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary on the Company's or Designated Subsidiary's payroll system to become eligible to participate in this Plan is through the adoption of a subplan an amendment to this Plan, duly executed by the Company, which specifically renders such individuals eligible to participate herein. 3 4. Participation. (a) Participants in Offerings. An eligible employee who is not a Participant in any prior Offering may participate in a subsequent Offering by submitting an enrollment form to his or her appropriate payroll location at least 15 business days before the Offering Date (or by such other deadline as shall be established by the Administrator for the Offering). (b) Enrollment. The enrollment form (which may be in an electronic format or such other method as determined by the Company in accordance with the Company's practices) will (a) state a whole percentage to be deducted from an eligible employee's Compensation (as defined in Section 11) per pay period, (b) authorize the purchase of Common Shares in each Offering in accordance with the terms of the Plan and (c) specify the exact name or names in which Common Shares purchased for such eligible employee are to be issued pursuant to Section 10. An employee who does not enroll in accordance with these procedures will be deemed to have waived the right to participate. Unless a Participant files a new enrollment form or withdraws from the Plan, such Participant's deductions and purchases will continue at the same percentage of Compensation for future Offerings, provided he or she remains an eligible employee. (c) Notwithstanding the foregoing, participation in the 423 Component of the Plan will neither be permitted nor be denied contrary to the requirements of the Code. View More

Offerings. The Company may make one or more offerings to eligible employees to purchase Common Shares Stock under the Plan ("Offerings"). The initial Offering will begin and end on dates to be determined by the Administrator (the "Initial Offering"). Thereafter, unless ("Offerings") consisting of one or more Purchase Periods. Unless otherwise determined by the Administrator, an Offering will be 24 months long and a separate Offering will (a) begin on the first business trading day occurring on or after... each December 1st and will end on the last trading day occurring on or before November 30th that is two years later and (b) begin on the first trading day occurring on or after each June 1st and December 1st and will end on the last business trading day occurring on or before the following November 30th and May 31st, respectively. 31st that is two years later. The Administrator may, in its discretion, designate a different period for any Offering, Offering (which may be longer or shorter than 24 months), provided that no Offering shall exceed 27 months in duration or overlap with duration. Unless the Administrator otherwise determines, each Offering will be divided into four equal six-month Purchase Periods. Further more, unless as otherwise determined by the Administrator, Participants will only be permitted to participate in one Offering at a time. Unless the Administrator, in its sole discretion, chooses otherwise prior to an Offering Date (as defined below), and to the extent an Offering has more than one Purchase Period and to the extent permitted by applicable law, if the Fair Market Value of the Common Stock on any other Offering. Exercise Date in an Offering is lower than the Fair Market Value of the Common Stock on the Offering Date, then all participants in such Offering automatically will be withdrawn from such Offering immediately after the exercise of their option on such Exercise Date and automatically re-enrolled in the immediately following Offering as of the first day thereof and the preceding Offering will terminate. 2 3. Eligibility. All Except as otherwise determined by the Administrator in advance of an Offering, all individuals classified and reflected as employees on the payroll records of the Company and each Designated Subsidiary Company are eligible to participate in any one or more of the Offerings under the Plan, provided that, except as Plan (provided, that the Participant is not permitted to participate in multiple Offerings at the same time, unless otherwise determined by the Administrator in advance of any Offering, Administrator), provided that as of the first day of the applicable Offering (the "Offering Date") Date"), they are customarily employed by the Company or a Designated Subsidiary Company for more than 20 hours a week and have completed at least 6 full months of employment. week. Notwithstanding any other provision herein, individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary Company for purposes of the Company's or applicable Designated Subsidiary's Company's payroll system are not considered to be eligible employees of the Company or any Designated Subsidiary Company and shall not be eligible to participate in the Plan. In the event any such individuals are reclassified as employees of the Company or a Designated Subsidiary Company for any purpose, including, without limitation, common law or statutory employees, by any action of any third party, including, without limitation, any government agency, or as a result of any private lawsuit, action or administrative proceeding, such individuals shall, notwithstanding such reclassification, remain ineligible for participation. Notwithstanding the foregoing, the exclusive means for individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary Company on the Company's or Designated Subsidiary's Company's payroll system to become eligible to participate in this Plan is through the adoption of a an amendment or subplan to this Plan, duly executed by the Company, which specifically renders such individuals eligible to participate herein. 3 4. Participation. (a) Participants in Offerings. An eligible employee who is not a Participant in any prior Offering may participate in a subsequent Offering by submitting an enrollment form to his or her appropriate payroll location at least 15 business days before the Offering Date (or by such other deadline as shall be established by the Administrator for the Offering). (b) Enrollment. The enrollment form (which may be in an electronic format or such other method as determined by the Company in accordance with the Company's practices) will (a) state a whole percentage to be deducted from an eligible employee's Compensation (as defined in Section 11) per pay period, (b) authorize the purchase of Common Shares in each Offering in accordance with the terms of the Plan and (c) specify the exact name or names in which Common Shares purchased for such eligible employee are to be issued pursuant to Section 10. An employee who does not enroll in accordance with these procedures will be deemed to have waived the right to participate. Unless a Participant files a new enrollment form or withdraws from the Plan, such Participant's deductions and purchases will continue at the same percentage of Compensation for future Offerings, provided he or she remains an eligible employee. (c) Notwithstanding the foregoing, participation in the 423 Component of the Plan will neither be permitted nor be denied contrary to the requirements of the Code. View More

Offerings. The Company may will make one or more offerings to eligible employees to purchase Common Shares Stock under the Plan ("Offerings"). The Unless otherwise determined by the Administrator, the initial Offering will begin on the Registration Date and will end on dates to be determined by the Administrator following February 28 (the "Initial Offering"). Thereafter, unless otherwise determined by the Administrator, an Offering will begin on the first business day occurring on or after each June 1st March 1 and December 1st September 1 and will end on the last business day occurring on or before the following November 30th August 31 and May 31st, February 28 (or February 29, as applicable), respectively. The Administrator may, in its discretion, designate a different period for any Offering, provided that no Offering shall exceed 27 months in duration or overlap with any other Offering. 2 3. Eligibility. All individuals classified and reflected as employees on the payroll records of the Company and each Designated Subsidiary Company are eligible to participate in any one or more of the Offerings under the Plan, provided that, except as Plan; provided, that unless otherwise determined by the Administrator in advance of any Offering, Administrator, as of the first day of the applicable Offering (the "Offering Date") they are customarily employed by the Company or a Designated Subsidiary for more than 20 hours a week and have completed at least 6 full months of employment. Company. Notwithstanding any other provision herein, individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary Company for purposes of the Company's or applicable Designated Subsidiary's Company's payroll system are not considered to be eligible employees of the Company or any Designated Subsidiary Company and shall not be eligible to participate in the Plan. In the event any such individuals are reclassified as employees of the Company or a Designated Subsidiary Company for any purpose, including, without limitation, common law or statutory employees, by any action of any third party, including, without limitation, any government agency, or as a result of any private lawsuit, action or administrative proceeding, such individuals shall, notwithstanding such reclassification, remain ineligible for participation. Notwithstanding the foregoing, the exclusive means for individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary Company on the Company's or Designated Subsidiary's Company's payroll system to become eligible to participate in this Plan is through the adoption of a subplan to this Plan, duly executed by the Company, which specifically renders such individuals eligible to participate herein. 3 4. Participation. (a) Participants in Offerings. An eligible employee who is not a Participant in any prior Offering may participate in a subsequent Offering by submitting an enrollment form to his or her appropriate payroll location at least 15 business days before the Offering Date (or by such other deadline as shall be established by the Administrator for the Offering). (b) Enrollment. The enrollment form (which may be in an electronic format or such other method as determined by the Company in accordance with the Company's practices) will (a) state a whole percentage to be deducted from an eligible employee's Compensation (as defined in Section 11) per pay period, (b) authorize the purchase of Common Shares in each Offering in accordance with the terms of the Plan and (c) specify the exact name or names in which Common Shares purchased for such eligible employee are to be issued pursuant to Section 10. An employee who does not enroll in accordance with these procedures will be deemed to have waived the right to participate. Unless a Participant files a new enrollment form or withdraws from the Plan, such Participant's deductions and purchases will continue at the same percentage of Compensation for future Offerings, provided he or she remains an eligible employee. (c) Notwithstanding the foregoing, participation in the 423 Component of the Plan will neither be permitted nor be denied contrary to the requirements of the Code. View More

Offerings. The Company may will make one or more offerings to eligible employees to purchase Common Shares Stock under the Plan ("Offerings"). The initial Offering will begin and end on dates to be determined by the Administrator (the "Initial Offering"). Thereafter, unless ("Offerings") consisting of one or more Purchase Periods. Unless otherwise determined by the Administrator, an the initial Offering will begin on the first business day occurring on or after each June 1st and December 1st Registration... Date and will end on the last business day occurring date that is eighteen months following the Registration Date ("the Initial Offering"). Unless otherwise determined by the Administrator, subsequent Offerings will be eighteen months long and begin every six months on or before dates determined by the following November 30th and May 31st, respectively. Administrator. The Administrator may, in its discretion, designate a different period for any Offering, provided that no Offering shall exceed 27 months in duration or overlap with any other Offering. duration. Unless the Administrator otherwise determines, each Offering will be divided into three equal Purchase Periods. 2 3. Eligibility. All individuals classified and reflected as employees on the payroll records of the Company and each Designated Subsidiary Company are eligible to participate in any one or more of the Offerings under the Plan, provided that, except as otherwise determined by the Administrator in advance of any Offering, that as of the first day of the applicable Offering (the "Offering Date") they are customarily employed by the Company or a Designated Subsidiary for more than 20 hours a week and have completed at least 6 full months 30 days of employment. employment, unless the exclusion of employees who do not meet this requirement is not permissible under applicable law. Notwithstanding any other provision herein, individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary Company for purposes of the Company's or applicable Designated Subsidiary's Company's payroll system are not considered to be eligible employees of the Company or any Designated Subsidiary Company and shall not be eligible to participate in the Plan. In the event any such individuals are reclassified as employees of the Company or a Designated Subsidiary Company for any purpose, including, without limitation, common law or statutory employees, by any action of any third party, including, without limitation, any government agency, or as a result of any private lawsuit, action or administrative proceeding, such individuals shall, notwithstanding such reclassification, remain ineligible for participation. Notwithstanding the foregoing, the exclusive means for individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary Company on the Company's or Designated Subsidiary's Company's payroll system to become eligible to participate in this Plan is through the adoption of a subplan an amendment to this Plan, duly executed by the Company, which specifically renders such individuals eligible to participate herein. 3 4. Participation. (a) Participants in Offerings. An eligible employee who is not a Participant in any prior Offering may participate in a subsequent Offering by submitting an enrollment form to his or her appropriate payroll location at least 15 business days before the Offering Date (or by such other deadline as shall be established by the Administrator for the Offering). (b) Enrollment. The enrollment form (which may be in an electronic format or such other method as determined by the Company in accordance with the Company's practices) will (a) state a whole percentage to be deducted from an eligible employee's Compensation (as defined in Section 11) per pay period, (b) authorize the purchase of Common Shares in each Offering in accordance with the terms of the Plan and (c) specify the exact name or names in which Common Shares purchased for such eligible employee are to be issued pursuant to Section 10. An employee who does not enroll in accordance with these procedures will be deemed to have waived the right to participate. Unless a Participant files a new enrollment form or withdraws from the Plan, such Participant's deductions and purchases will continue at the same percentage of Compensation for future Offerings, provided he or she remains an eligible employee. (c) Notwithstanding the foregoing, participation in the 423 Component of the Plan will neither be permitted nor be denied contrary to the requirements of the Code. View More

Offerings. The Company may make one or more offerings to eligible employees to purchase Common Shares Stock under the Plan ("Offerings"). The initial Offering will begin and end on dates to be determined by the Administrator (the "Initial Offering"). Administrator. Thereafter, unless otherwise determined by the Administrator, an Offering will begin on the first business day occurring on or after each June 1st January 1 and December 1st July 1 and will end on the last business day occurring on or before... the following November 30th June 30 and May 31st, December 31, respectively. The Administrator may, in its discretion, designate a different period for any Offering, provided that no Offering shall exceed 27 months in duration or overlap with any other Offering. 2 3. Eligibility. All Except as otherwise determined by the Administrator in advance of an Offering, all individuals classified and reflected as employees on the payroll records of the Company and each Designated Subsidiary Company are eligible to participate in any one or more of the Offerings under the Plan, provided that, except as otherwise determined by the Plan. The Administrator may further determine, in advance of any an Offering, that employees are eligible only if, as of the first day of the applicable Offering (the "Offering Date") Date"), they are customarily employed by the Company or a Designated Subsidiary Company for more than 20 hours a week and have completed at least 6 full months 90 days of employment. Notwithstanding any other provision herein, individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary Company for purposes of the Company's or applicable Designated Subsidiary's Company's payroll system are not considered to be eligible employees of the Company or any Designated Subsidiary Company and shall not be eligible to participate in the Plan. In the event any such individuals are reclassified as employees of the Company or a Designated Subsidiary Company for any purpose, including, without limitation, common law or statutory employees, by any action of any third party, including, without limitation, any government agency, or as a result of any private lawsuit, action or administrative proceeding, such individuals shall, notwithstanding such reclassification, remain ineligible for participation. Notwithstanding the foregoing, the exclusive means for individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary Company on the Company's or Designated Subsidiary's Company's payroll system to become eligible to participate in this Plan is through the adoption of a subplan an amendment to this Plan, duly executed by the Company, which specifically renders such individuals eligible to participate herein. 3 4. Participation. (a) Participants in Offerings. An eligible employee who is not a Participant in any prior Offering may participate in a subsequent Offering by submitting an enrollment form to his or her appropriate payroll location at least 15 business days before the Offering Date (or by such other deadline as shall be established by the Administrator for the Offering). (b) Enrollment. The enrollment form (which may be in an electronic format or such other method as determined by the Company in accordance with the Company's practices) will (a) state a whole percentage to be deducted from an eligible employee's Compensation (as defined in Section 11) per pay period, (b) authorize the purchase of Common Shares in each Offering in accordance with the terms of the Plan and (c) specify the exact name or names in which Common Shares purchased for such eligible employee are to be issued pursuant to Section 10. An employee who does not enroll in accordance with these procedures will be deemed to have waived the right to participate. Unless a Participant files a new enrollment form or withdraws from the Plan, such Participant's deductions and purchases will continue at the same percentage of Compensation for future Offerings, provided he or she remains an eligible employee. (c) Notwithstanding the foregoing, participation in the 423 Component of the Plan will neither be permitted nor be denied contrary to the requirements of the Code. View More

Offerings. The Company may make one or more offerings to eligible employees to purchase Common Shares Stock under the Plan ("Offerings"). The initial Offering will begin and end on dates to be determined by the Administrator (the "Initial Offering"). Thereafter, unless otherwise determined by the Administrator, an Offering will begin on the first business day occurring on ("Offerings") consisting of one or after each June 1st and December 1st and will end on the last business day occurring on or before... the following November 30th and May 31st, respectively. more Purchase Periods. The Administrator may, shall determine, in its discretion, designate a different period for when the initial Offering and any subsequent Offering shall occur and the duration of each such Offering, provided that no Offering shall exceed 27 months in duration or overlap with any other Offering. duration. 2 3. Eligibility. All individuals classified and reflected as employees on the payroll records of the Company and each Designated Subsidiary are eligible to participate in any one or more of the Offerings under the Plan, provided that, except as otherwise determined by the Administrator in advance of any Offering, that as of the first day of the applicable Offering (the "Offering Date") they are customarily employed by the Company or a Designated Subsidiary for more than 20 hours a week (or such lesser number of hours per week as the Administrator shall determine in advance of an Offering) and have completed at least 6 full months such period of employment. Notwithstanding any other provision herein, individuals service prior to the Offering Date as by the Administrator in advance of an offering (but in no event will the required period of continuous employment be equal to or greater than two (2) years); provided, however, that employees who are not contemporaneously classified as employed for 20 hours or less a week may be eligible to participate in the Plan if required by applicable law or regulations. The Administrator may exclude from participation in the Plan or any Offering employees who are "highly compensated employees" of the Company or a Designated Subsidiary for purposes (within the meaning of Section 414(q) of the Company's Code) or applicable Designated Subsidiary's payroll system are not considered to be eligible employees a sub-set of the Company or any Designated Subsidiary and shall not be eligible to participate in the Plan. such highly compensated employees. In the event any such individuals are reclassified as employees of the Company or a Designated Subsidiary for any purpose, including, without limitation, common law or statutory employees, by any action of any third party, including, without limitation, any government agency, or as a result of any private lawsuit, action or administrative proceeding, such individuals shall, notwithstanding such reclassification, remain ineligible for participation. Notwithstanding the foregoing, the exclusive means for individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary on the Company's or Designated Subsidiary's payroll system to become eligible to participate in this Plan is through the adoption of a subplan an amendment to this Plan, duly executed by the Company, which specifically renders such individuals eligible to participate herein. 3 4. Participation. (a) Participants in Offerings. An eligible employee who is not a Participant in any prior Offering may participate in a subsequent Offering by submitting an enrollment form to his or her appropriate payroll location at least 15 business days before the Offering Date (or by such other deadline as shall be established by the Administrator for the Offering). (b) Enrollment. The enrollment form (which may be in an electronic format or such other method as determined by the Company in accordance with the Company's practices) will (a) state a whole percentage to be deducted from an eligible employee's Compensation (as defined in Section 11) per pay period, (b) authorize the purchase of Common Shares in each Offering in accordance with the terms of the Plan and (c) specify the exact name or names in which Common Shares purchased for such eligible employee are to be issued pursuant to Section 10. An employee who does not enroll in accordance with these procedures will be deemed to have waived the right to participate. Unless a Participant files a new enrollment form or withdraws from the Plan, such Participant's deductions and purchases will continue at the same percentage of Compensation for future Offerings, provided he or she remains an eligible employee. (c) Notwithstanding the foregoing, participation in the 423 Component of the Plan will neither be permitted nor be denied contrary to the requirements of the Code. View More

Offerings. The Company may will make one or more offerings to eligible employees to purchase Common Shares Stock under the Plan ("Offerings"). The initial Offering will begin and end on dates to be determined by the Administrator (the "Initial Offering"). Thereafter, unless ("Offerings") consisting of one or more Purchase Periods. Unless otherwise determined by the Administrator, an Offering will be 24 months long and a separate Offering will (a) begin on the first business trading day occurring on or... after each June 1st March 1 and December 1st and will end on the last business trading day occurring on or before prior to the following November 30th February 28 (or February 29, as applicable) that is two years later, and May 31st, respectively. (b) begin on the first trading day on or after each September 1 and end on the last trading day on or prior to the August 31 that is two years later. The Administrator may, in its discretion, designate a different period for any Offering, Offering (which may be longer or shorter than 24 months), provided that no Offering shall exceed 27 months in duration or overlap with duration. Unless the Administrator otherwise determines, each Offering will be divided into four equal six-month Purchase Periods. Furthermore, unless as otherwise determined by the Administrator, Participants will only be permitted to participate in one Offering at a time. Unless the Administrator, in its sole discretion, chooses otherwise prior to an Offering Date, and to the extent an Offering has more than one Purchase Period and to the extent permitted by applicable law, if the Fair Market Value of the Common Stock on any other Offering. 2 Exercise Date in an Offering is lower than the Fair Market Value of the Common Stock on the Offering Date, then all participants in such Offering automatically will be withdrawn from such Offering immediately after the exercise of their option on such Exercise Date and automatically re-enrolled in the immediately following Offering as of the first day thereof and the preceding Offering will terminate. 1 3. Eligibility. All individuals classified and reflected as employees on the payroll records of the Company and each Designated Subsidiary are eligible to participate in any one or more of the Offerings under the Plan, provided that, except as Plan (provided, that the Participant is not permitted to participate in multiple Offerings at the same time, unless otherwise determined by the Administrator in advance of any Offering, Administrator), provided that as of the first day of the applicable Offering (the "Offering Date") they are customarily employed by the Company or a Designated Subsidiary for more than 20 hours a week and have completed at least 6 full months of employment. week. Notwithstanding any other provision herein, individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary for purposes of the Company's or applicable Designated Subsidiary's payroll system are not considered to be eligible employees of the Company or any Designated Subsidiary and shall not be eligible to participate in the Plan. In the event any such individuals are reclassified as employees of the Company or a Designated Subsidiary for any purpose, including, without limitation, common law or statutory employees, by any action of any third party, including, without limitation, any government agency, or as a result of any private lawsuit, action or administrative proceeding, such individuals shall, notwithstanding such reclassification, remain ineligible for participation. Notwithstanding the foregoing, the exclusive means for individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary on the Company's or Designated Subsidiary's payroll system to become eligible to participate in this Plan is through the adoption of a subplan an amendment to this Plan, duly executed by the Company, which specifically renders such individuals eligible to participate herein. 3 4. Participation. (a) Participants in Offerings. An eligible employee who is not a Participant in any prior Offering may participate in a subsequent Offering by submitting an enrollment form to his or her appropriate payroll location at least 15 business days before the Offering Date (or by such other deadline as shall be established by the Administrator for the Offering). (b) Enrollment. The enrollment form (which may be in an electronic format or such other method as determined by the Company in accordance with the Company's practices) will (a) state a whole percentage to be deducted from an eligible employee's Compensation (as defined in Section 11) per pay period, (b) authorize the purchase of Common Shares in each Offering in accordance with the terms of the Plan and (c) specify the exact name or names in which Common Shares purchased for such eligible employee are to be issued pursuant to Section 10. An employee who does not enroll in accordance with these procedures will be deemed to have waived the right to participate. Unless a Participant files a new enrollment form or withdraws from the Plan, such Participant's deductions and purchases will continue at the same percentage of Compensation for future Offerings, provided he or she remains an eligible employee. (c) Notwithstanding the foregoing, participation in the 423 Component of the Plan will neither be permitted nor be denied contrary to the requirements of the Code. View More

Offerings. The Company may make one or more offerings to eligible employees to purchase Common Shares Stock under the Plan ("Offerings"). The initial Offering will begin and end on dates to be determined by the Administrator (the "Initial Offering"). Thereafter, unless otherwise determined by the Administrator, an Offering will begin on the first business day occurring on or after each June 1st and December 1st and will end on the last business day occurring on or before the following November 30th and... May 31st, respectively. The Administrator may, shall determine, in its discretion, designate a different period for when the initial Offering and any subsequent Offering shall occur and the duration of each such Offering, provided that no Offering shall exceed 27 months in duration or overlap with any other Offering. duration. 2 3. Eligibility. All individuals classified and reflected as employees on the payroll records of the Company and each Designated Subsidiary are eligible to participate in any one or more of the Offerings under the Plan, provided that, except as otherwise determined by the Administrator in advance of any Offering, that as of the first day of the applicable Offering (the "Offering Date") they are customarily employed by the Company or a Designated Subsidiary for more than 20 hours a week (or such lesser number of hours per week as the Administrator shall determine in advance of an Offering) and have completed at least 6 full months such period of employment. service prior to the Offering Date as the Administrator may require (but in no event will the required period of continuous employment be equal to or greater than two years). Notwithstanding any other provision herein, individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary for purposes of the Company's or applicable Designated Subsidiary's payroll system are not considered to be eligible employees of the Company or any Designated Subsidiary and shall not be eligible to participate in the Plan. In the event any such individuals are reclassified as employees of the Company or a Designated Subsidiary for any purpose, including, without limitation, common law or statutory employees, by any action of any third party, including, without limitation, any government agency, or as a result of any private lawsuit, action or administrative proceeding, such individuals shall, notwithstanding such reclassification, remain ineligible for participation. Notwithstanding the foregoing, the exclusive means for individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary on the Company's or Designated Subsidiary's payroll system to become eligible to participate in this Plan is through the adoption of a subplan an amendment to this Plan, duly executed by the Company, which specifically renders such individuals eligible to participate herein. 3 4. Participation. (a) Participants in Offerings. An eligible employee who is not a Participant in any prior Offering may participate in a subsequent Offering by submitting an enrollment form to his or her appropriate payroll location at least 15 business days before the Offering Date (or by such other deadline as shall be established by the Administrator for the Offering). (b) Enrollment. The enrollment form (which may be in an electronic format or such other method as determined by the Company in accordance with the Company's practices) will (a) state a whole percentage to be deducted from an eligible employee's Compensation (as defined in Section 11) per pay period, (b) authorize the purchase of Common Shares in each Offering in accordance with the terms of the Plan and (c) specify the exact name or names in which Common Shares purchased for such eligible employee are to be issued pursuant to Section 10. An employee who does not enroll in accordance with these procedures will be deemed to have waived the right to participate. Unless a Participant files a new enrollment form or withdraws from the Plan, such Participant's deductions and purchases will continue at the same percentage of Compensation for future Offerings, provided he or she remains an eligible employee. (c) Notwithstanding the foregoing, participation in the 423 Component of the Plan will neither be permitted nor be denied contrary to the requirements of the Code. View More

Offerings. The Company may make one or more offerings to eligible employees to purchase Common Shares Stock under the Plan ("Offerings"). The initial Offering will begin and end on dates to be determined by the Administrator (the "Initial Offering"). Administrator. Thereafter, unless otherwise determined by the Administrator, an Offering will begin on the first business day occurring on or after each June 1st May 1 and December 1st November 1 and will end on the last business day occurring on or before... the following November 30th October 31 and May 31st, April 30, respectively. The Administrator may, in its discretion, designate a different period for any Offering, provided that no Offering shall exceed 27 twenty-four (24) months in duration or overlap with any other Offering. 2 1 3. Eligibility. All Except as otherwise determined by the Administrator in advance of an Offering, all individuals classified and reflected as employees on the payroll records of the Company and each Designated Subsidiary are eligible to participate in any one or more of the Offerings under the Plan, provided that, except as otherwise determined by the Administrator in advance of any Offering, that as of the first day of the applicable Offering (the "Offering Date") they are customarily employed by the Company or a Designated Subsidiary for more than 20 hours a week and have completed at least 6 full months of employment. Subsidiary. Notwithstanding any other provision herein, individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary for purposes of the Company's or applicable Designated Subsidiary's payroll system are not considered to be eligible employees of the Company or any Designated Subsidiary and shall not be eligible to participate in the Plan. In the event any such individuals are reclassified as employees of the Company or a Designated Subsidiary for any purpose, including, without limitation, common law or statutory employees, by any action of any third party, including, without limitation, any government agency, or as a result of any private lawsuit, action or administrative proceeding, such individuals shall, notwithstanding such reclassification, remain ineligible for participation. Notwithstanding the foregoing, the exclusive means for individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary on the Company's or Designated Subsidiary's payroll system to become eligible to participate in this Plan is through the adoption of a subplan an amendment to this Plan, duly executed by the Company, which specifically renders such individuals eligible to participate herein. 3 4. Participation. (a) Participants in Offerings. An eligible employee who is not a Participant in any prior Offering may participate in a subsequent Offering by submitting an enrollment form to his or her appropriate payroll location at least 15 business days before the Offering Date (or by such other deadline as shall be established by the Administrator for the Offering). (b) Enrollment. The enrollment form (which may be in an electronic format or such other method as determined by the Company in accordance with the Company's practices) will (a) state a whole percentage to be deducted from an eligible employee's Compensation (as defined in Section 11) per pay period, (b) authorize the purchase of Common Shares in each Offering in accordance with the terms of the Plan and (c) specify the exact name or names in which Common Shares purchased for such eligible employee are to be issued pursuant to Section 10. An employee who does not enroll in accordance with these procedures will be deemed to have waived the right to participate. Unless a Participant files a new enrollment form or withdraws from the Plan, such Participant's deductions and purchases will continue at the same percentage of Compensation for future Offerings, provided he or she remains an eligible employee. (c) Notwithstanding the foregoing, participation in the 423 Component of the Plan will neither be permitted nor be denied contrary to the requirements of the Code. View More

Offerings. The Company may make one or more offerings to eligible employees to purchase Common Shares Stock under the Plan ("Offerings"). The Unless otherwise determined by the Administrator, the initial Offering will begin and end on dates to be determined by the Administrator (the "Initial Offering"). Thereafter, unless otherwise determined by the Administrator, an Offering will begin on the first business day occurring on or after each June 1st May 1 and December 1st November 1 and will end on the last... business day occurring on or before the following November 30th October 31 and May 31st, April 30, respectively. The Administrator may, in its discretion, designate a different period for any Offering, provided that no Offering shall exceed 27 months one year in duration or overlap with any other Offering. 2 3. Eligibility. All individuals classified and reflected as employees on the payroll records of the Company and each Designated Subsidiary are eligible to participate in any one or more of the Offerings under the Plan, provided that, except as otherwise determined by the Administrator in advance of any Offering, that as of the first day of the applicable Offering (the "Offering Date") they are customarily employed by the Company or a Designated Subsidiary for more than 20 hours a week and have completed at least 6 full months of employment. Subsidiary. Notwithstanding any other provision herein, individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary for purposes of the Company's or applicable Designated Subsidiary's payroll system are not considered to be eligible employees of the Company or any Designated Subsidiary and shall not be eligible to participate in the Plan. In the event any such individuals are reclassified as employees of the Company or a Designated Subsidiary for any purpose, including, without limitation, common law or statutory employees, by any action of any third party, including, without limitation, any government agency, or as a result of any private lawsuit, action or administrative proceeding, such individuals shall, notwithstanding such reclassification, remain ineligible for participation. Notwithstanding the foregoing, the exclusive means for individuals who are not contemporaneously classified as employees of the Company or a Designated Subsidiary on the Company's or Designated Subsidiary's payroll system to become eligible to participate in this Plan is through the adoption of a subplan an amendment to this Plan, duly executed by the Company, which specifically renders such individuals eligible to participate herein. 3 4. Participation. (a) Participants in Offerings. An eligible employee who is not a Participant in any prior Offering may participate in a subsequent Offering by submitting an enrollment form to his or her appropriate payroll location at least 15 business days before the Offering Date (or by such other deadline as shall be established by the Administrator for the Offering). (b) Enrollment. The enrollment form (which may be in an electronic format or such other method as determined by the Company in accordance with the Company's practices) will (a) state a whole percentage to be deducted from an eligible employee's Compensation (as defined in Section 11) per pay period, (b) authorize the purchase of Common Shares in each Offering in accordance with the terms of the Plan and (c) specify the exact name or names in which Common Shares purchased for such eligible employee are to be issued pursuant to Section 10. An employee who does not enroll in accordance with these procedures will be deemed to have waived the right to participate. Unless a Participant files a new enrollment form or withdraws from the Plan, such Participant's deductions and purchases will continue at the same percentage of Compensation for future Offerings, provided he or she remains an eligible employee. (c) Notwithstanding the foregoing, participation in the 423 Component of the Plan will neither be permitted nor be denied contrary to the requirements of the Code. View More