Continuous Service

Continuous Service. The performance of services for the Company or a Related Entity (whether now existing or subsequently established) by a person in the capacity of an Employee, a Director or a Consultant, except to the extent otherwise specifically provided in the documents evidencing the Award. For purposes of the Plan, a Grantee shall be deemed to cease Continuous Service immediately upon the occurrence of either of the following events: (i) the Grantee no longer performs services in any of the foregoing... capacities for the Company or any Related Entity or (ii) the entity for which the Grantee is performing such services ceases to remain a Related Entity of the Company, even though the Grantee may subsequently continue to perform services for that entity. Continuous Service shall not be deemed to cease during a period of military leave, sick leave or other personal leave approved by the Company; provided, however, that should such leave of absence exceed three (3) months, then for purposes of determining the period within which an Incentive Option may be exercised as such under the federal tax laws, the Grantee shall be deemed to have terminated Employee status on the first day immediately following the expiration of such three (3)-month period, unless such Grantee is provided with the right to return to Continuous Service following such leave either by statute or by written contract. The Grantee shall not receive any Continuous Service credit, for purposes of vesting in any outstanding Award or Awards made to the Grantee, for any period such Grantee is on a leave of absence, except to the extent otherwise required by law or pursuant to the following procedure: - A Grantee shall receive Continuous Service credit for such vesting purposes for (i) the first three months of an approved personal leave of absence and (ii) the first seven months of any bona fide leave of absence (other than an approved personal leave), but in no event beyond the expiration date of such leave of absence; provided, however, that in the event the Grantee's Award is subject to Section 409A of the Code and payable upon his or her separation from service, then the maximum period for which such Continuous Service credit shall be given with respect to that Award shall be determined in accordance with Treasury Regulations Section 1.409A-1(h) and accordingly shall not extend beyond the date the Grantee is deemed to have a separation from service for purposes of Section 409A. In jurisdictions requiring notice in advance of an effective termination of a Grantee's service as an Employee, Director or Consultant, Continuous Active Service shall be deemed terminated upon the actual cessation of such service to the Company or a Related Entity notwithstanding any required notice period that must be fulfilled before such individual's termination as an Employee, Director or Consultant can be effective under Applicable Laws. A Grantee on an approved leave of absence shall be deemed to terminate Continuous Service for purposes of his or her outstanding Awards upon the earlier of (i) the expiration date of that leave of absence, unless such Grantee returns to active Continuous Service on or before that date, or (ii) the date the Grantee's Continuous Service actually terminates by reason of his or her voluntary or involuntary termination or by reason of his or her death or disability; provided, however, that in the event the Grantee's Award is subject to Section 409A of the Code and payable upon his or her separation from service, then his or her Continuous Service shall, with respect to that Award, be deemed to terminate when such Grantee is deemed to have a separation from service under Treasury Regulations Section 1.409A-1(h) View More

Continuous Service. That an Employee's employment with the Company or an Affiliate is not interrupted or terminated. The Employee's Continuous Service shall not be deemed to have terminated because of a change in the entity which employees Employee, provided that there is no interruption or termination of the Employee's Continuous Service with the Company or an Affiliate of the Company. The Board or the chief executive officer of the Company, in that party's sole discretion, may in good faith determine to the... extent permitted by applicable law whether Continuous Service shall be considered interrupted in the case of any leave of absence approved by that party, including sick leave, military leave or any other personal leave. View More

Continuous Service. The absence of any interruption or termination of service to the Company or an Affiliate, whether as an Employee, Director or Consultant. The Board or the Chief Executive Officer of the Company may determine, in that party's sole discretion, whether Continuous Service shall be considered interrupted in the case of: (i) any leave of absence approved by the Board or the Chief Executive Officer of the Company, including sick leave, military leave, or any other personal leave; or (ii) transfers... between the Company, Affiliates or their successors. View More

Continuous Service. The Participant's service with the Company or any Subsidiary or Affiliate whether as an employee, director or consultant, which is not interrupted or terminated

Continuous Service. Means that the Stockholder's service with the Company or a subsidiary of the Company, whether as an employee, a member of the Company's Board of Directors (a "Director") or a consultant, is not interrupted or terminated. A change in the capacity in which the Stockholder renders service to the Company or an affiliate as an employee, Consultant or Director or a change in the legal entity for which the Stockholder renders such service, provided that there is no interruption or termination of the... Stockholder's service with the Company or a subsidiary, will not terminate a Stockholder's Continuous Service; provided, however, that if the legal entity for which a Stockholder is rendering services ceases to qualify as a subsidiary, as determined by the Board in its sole discretion, such Stockholder's Continuous Service will be considered to have terminated on the date such entity ceases to qualify as a subsidiary. For example, a change in status from an employee of the Company to a consultant to the Company or to a Director will not constitute an interruption of Continuous Service. To the extent permitted by law, the Board, in its sole discretion, may determine whether Continuous Service will be considered interrupted in the case of any leave of absence approved by the Board, including sick leave, military leave or any other personal leave. View More

Continuous Service. The Participant's service with the Company is not interrupted or terminated even if there is a change in the capacity in which the Participant renders service to the Company, provided that there is no interruption or termination between such different capacities

Continuous Service. The Participant's service with the Company, whether as an Employee, Consultant or Director, is not interrupted or terminated

Continuous Service. The Participant's uninterrupted performance of services to the Company and its Subsidiaries and Affiliates as an employee, director or consultant

Continuous Service. The period of time, uninterrupted by a termination of employment, and immediately preceding an Offering Date, that an Employee has been employed by the Company and/or a Subsidiary. Such period of time shall include any separation period of leave or layoff of less than three months occurring within such period of time. For the purposes of the Plan, any period of leave or layoff three months or longer shall be deemed to cause a termination of employment effective as of the end of the third month... of such leave or layoff. View More

Continuous Service. Means the absence of any interruption or termination of employment with the Company or any Parent or Subsidiary of the Company that now exists or hereafter is organized or acquired by or acquires the Company. In the case of a Director, Continuous Service means the absence of any interruption in the Director's membership on the board of directors of the Company, Parent or Subsidiary. For purposes of this subsection, if the Optionee is both an Employee of the Company, or any of its Parents or... Subsidiaries, and serves on the Board, then the Optionee's Continuous Service shall be considered to terminate on the last to occur of either (i) the termination of employment with the Company, or any of Parents or Subsidiaries, or (ii) termination of membership on the Board. Continuous Service shall not be considered interrupted in the case of transfers between locations of the Company or between the Company, its Parent, its Subsidiaries or its successor or in the case of sick leave, military leave, or any other leave of absence approved by the Company if the period of such leave does not exceed 3 months, or, if the leave is longer than 3 months, so long as the individual's right to reemployment with the Company, its Parent or Subsidiaries is provided either by statute or by contract. If the period of leave exceeds 3 months and the individual's right to reemployment is not provided either by statute or by contract, the Continuous Service shall be considered terminated on the first day immediately following such three month period. View More