Disability Definition Example with 4 Variations

This page contains an example definition of Disability, followed by definitions with minor variations. You can view the differences between the example and variations by selecting the "Show Differences" option.
Disability. That the Participant is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment; provided, however, for purposes of determining the term of an Incentive Stock Option pursuant to Section 6.10 hereof, the term Disability shall have the meaning ascribed to it under Section 22(e)(3) of the Code. The determination of whether an individual has a Disability shall be determined under procedures established by the Committee. Except in... situations where the Committee is determining Disability for purposes of the term of an Incentive Stock Option pursuant to Section 6.10 hereof within the meaning of Section 22(e)(3) of the Code, the Committee may rely on any determination that a Participant is disabled for purposes of benefits under any long-term disability plan maintained by the Company or any Affiliate in which a Participant participates. View More Arrow
Found in Isoray, Inc. contract

Variations

Disability. That means, except as otherwise provided in an Award Agreement, that the Participant is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment; impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months, provided, however, for purposes of determining the term of an Incentive Stock Option pursuant to Section 6.10 hereof, Option, the term... Disability shall have the meaning ascribed to it under Section 22(e)(3) of the Code. The determination of whether an individual has a Disability shall be determined under procedures established by the Committee. Except in situations where the Committee is determining Disability for purposes of the term of an Incentive Stock Option pursuant to Section 6.10 hereof within the meaning of Section 22(e)(3) 22(e) (3) of the Code, the Committee may rely on any determination that a Participant is disabled for purposes of benefits under any long-term disability plan maintained by the Company or any Affiliate in which a Participant participates. participates, provided that the definition of disability applied under such disability plan meets the requirements of a Disability in the first sentence hereof. View More Arrow
Found in ENDOSTIM, INC. contract
Disability. That the Participant is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment; provided, however, for purposes of determining the term of an Incentive Stock Option pursuant to Section 6.10 6.5 hereof, the term Disability shall have the meaning ascribed to it under Code Section 22(e)(3) of the Code. 22(e)(3). The determination of whether an individual has a Disability shall be determined under procedures established by the ... class="diff-color-red">Committee. Administrator. Except in situations where the Committee Administrator is determining Disability for purposes of the term of an Incentive Stock Option pursuant to Section 6.10 6.5 hereof within the meaning of Code Section 22(e)(3) of 22(e)(3), the Code, the Committee Administrator may rely on any determination that a Participant is disabled for purposes of benefits under any long-term disability plan maintained by the Company or any Affiliate in which a Participant participates. View More Arrow
Found in Steel Dynamics Inc contract
Disability. That that the Participant is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment; provided, however, for purposes of determining the term of an Incentive Stock Option pursuant to Section 6.10 hereof, the term Disability shall have the meaning ascribed to it under Section 22(e)(3) of the Code. The determination of whether an individual has a Disability shall be determined by the Board or Committee or under procedures ... class="diff-color-red">established adopted by the Board or Committee. Except in situations where the Committee is determining for a determination of Disability for purposes of the term of an Incentive Stock Option pursuant to Section 6.10 hereof within the meaning of Section 22(e)(3) of the Code, Code for purposes of an Incentive Stock Option, the Board or Committee may rely on any determination that a Participant is disabled for purposes of benefits under any long-term disability plan maintained by the Company or any Affiliate in which a Participant participates. View More Arrow
Found in 2 Contracts from Asterias Biotherapeutics, Inc.
Disability. That unless the applicable Award Agreement says otherwise: (a) if the Participant is a party to an employment agreement with the Company or its Affiliates and such agreement provides for a definition of Disability, the definition contained therein; or (b) if no such agreement exists, or if such agreement does not define Disability: that the Participant is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment; provided,... however, that for purposes of determining the term of an Incentive Stock Option pursuant to Section 6.10 hereof, the term Disability shall have the meaning ascribed to it under Section 22(e)(3) of the Code. The determination of whether an individual has a Disability shall be determined under procedures established by the Committee. Except in situations where the Committee is determining Disability for purposes of the term of an Incentive Stock Option pursuant to Section 6.10 hereof within the meaning of Section 22(e)(3) of the Code, the Committee may rely on any determination that a Participant is disabled for purposes of benefits under any long-term disability plan maintained by the Company or any an Affiliate in which a Participant participates. participates; provided, however, that if any Award is subject to Section 409A of the Code, Disability shall only be given effect to the extent consistent with a "disability," as defined for such purpose under Section 409A of the Code. View More Arrow
Found in FIRST US BANCSHARES INC contract
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