Back to top

SUMMIT FINANCIAL GROUP, INC. 2009 OFFICER STOCK OPTION PLAN FORM OF QUALIFIED STOCK OPTION GRANT AGREEMENT

Stock Option Agreement

SUMMIT FINANCIAL GROUP, INC. 2009 OFFICER STOCK OPTION PLAN FORM OF QUALIFIED STOCK OPTION GRANT AGREEMENT | Document Parties: SUMMIT FINANCIAL GROUP INC You are currently viewing:
This Stock Option Agreement involves

SUMMIT FINANCIAL GROUP INC

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: SUMMIT FINANCIAL GROUP, INC. 2009 OFFICER STOCK OPTION PLAN FORM OF QUALIFIED STOCK OPTION GRANT AGREEMENT
Governing Law: West Virginia     Date: 8/10/2009
Industry: Regional Banks     Sector: Financial

SUMMIT FINANCIAL GROUP, INC. 2009 OFFICER STOCK OPTION PLAN FORM OF QUALIFIED STOCK OPTION GRANT AGREEMENT, Parties: summit financial group inc
50 of the Top 250 law firms use our Products every day

 

Exhibit 10.4

 

SUMMIT FINANCIAL GROUP, INC. 2009 OFFICER STOCK OPTION PLAN

FORM OF QUALIFIED STOCK OPTION GRANT AGREEMENT

 

(Installment Vesting)

 

 

1.

Grant of Option. Subject to the terms and conditions of this Qualified Stock Option Grant Agreement (“Agreement”) and the 2009 Officer Stock Option Plan (“Plan”), dated ____________, 2009, which has been adopted by SUMMIT FINANCIAL GROUP, INC., a West Virginia corporation (“Corporation”) and which is incorporated herein by reference, an Option to purchase a total of _____ shares of $2.50 par value common stock of the Corporation’s Common Stock at a price of ___________________ Dollars and ___ Cents ($______) per share is hereby granted to _____________________ (“Participant”) as of the date of this Agreement as affixed below with its execution (“Date of Grant”).

 

2.

Inclusion of Parent, Subsidiary and Successor Corporations.   For purposes of this Agreement, employment by a parent and or subsidiary of the Corporation shall be considered employment by the Corporation.  As used in this Section, the term “Corporation” shall include the parent and all present and future subsidiaries of the Corporation as defined in Sections 424(e) and 424(f) of the Internal Revenue Code of 1986, as amended or replaced from time to time (“Code”).  This Agreement shall be binding upon any successor or successors of the Corporation and reference herein to the Corporation, unless clearly inapplicable, shall be deemed to include any such successor or successors of the Corporation.

 

3.

Qualified Stock Option.   This Option is intended to qualify as an option of the type described in Section 422 of the Code (“Qualified Stock Option”).

 

4.

Installment Exercise.   Subject to any limitations in the Plan and Agreement, the Qualified Stock Option shall become vested and exercisable prior to the tenth anniversary of the date of grant (hereinafter the “Expiration Date”) in five (5) installments for the following percentage of the total number of Common Stock shares under the Option, on or after the following Date of Vesting indicated, in cumulative fashion:

 

Number of Shares

Date of Vesting

Date of Termination

% Total Number of Common Stock Shares Under Option

a.

 

 

 

b.

 

 

 

c.

 

 

 

d.

 

 

 

e.

 

 

 

f.

 

 

 

g.

 

 

 

h.

 

 

 

i.

 

 

 

j.

 

 

 

 

Participant agrees to exercise the Option in increments of not less than fifty (50) shares.

 

 

 

 


 

 

5.

Termination of Option.

 

 

(a)

The Option and all rights granted under this Agreement with respect to the Option, to the extent not previously exercised, shall terminate and become null and void on and after the _______anniversary of the Date of Vesting; provided, however, that the Option may not be exercised at any time on or after the Expiration Date.

 

 

(b)

Continuous Employment Required .  Except as otherwise provided in this Section, a Participant must be an employee of the Corporation from the date of grant of a Qualified Stock Option until the date that is three (3) months prior to the exercise of the Qualified Stock Option.  If a Participant is terminated due to a permanent disability, said Participant must be an employee of the Corporation from the grant of a Qualified Stock Option until one (1) year prior to the exercise of the Qualified Stock Option.  An employment relationship will be treated as continuing while the Participant is on military leave, sick leave or other bona fide leave of absence if the period of leave does not exceed ninety (90) days, or, if longer, the Participant’s right to re-employment is guaranteed either by statute or by contract.  Employment shall be defined in accordance with the provisions of Section 1.421-1(h) of the Income Tax Regulations or any successor regulations, and if this Option shall be assumed or a new Option substituted therefore in a transaction to which Code Section 424(a) applies, employment by such successor corporation shall be considered for all purposes of this Option to be Employment by the Corporation.

 

 

(c)

Termination .  In the event of termination of the employment of a Participant prior to the Expiration Date by either the Participant or the Corporation to whom an Option has been granted under the Plan, other than a termination of employment by reason of retirement (as defined in subsection (d) of this Section 5), permanent disability (as defined in subsection (e) of this Section 5), or death, the Participant may exercise such Vested Options until the earlier of (i) the expiration of the stated term of the Option, or (ii) a period of ninety (90) days from the date of such termination.

 

 

(d)

Retirement .  If a Participant’s continuous employment with the Corporation terminates by reason of his or her retirement, pursuant to the definition in the Plan, from the Corporation at a retirement date authorized by the Committee prior to the Expiration Date, the retired Participant shall become one hundred percent (100%) Vested in any installment of the Option not yet one hundred percent (100%) Vested that Participant has been granted under the Plan as of his or her date of retirement in accordance with this subsection (d).  A Participant may exercise such Vested Options until the earlier of (i) the expiration of the stated term of the Option, or (ii) for a period of ninety (90) days from the date of such retirement.

 

 

(e)

Permanent Disability .  If a Participant’s continuous employment terminates prior to the Expiration Date by reason of a permanent disability, as defined in Code Section 22(e)(3) of the Code, as amended from time to time, and as determined by the Committee in its discretion based upon such documentation and information as the Committee may require the Participant to submit for purposes of establishing permanent disability pursuant to this subsection (e) of Section 5, then such Option of the Participant may be exercised with respect to the number of shares covered by the Participant’s Option that were Vested immediately prior to the date of such permanent disability as determined by the Committee.  A Participant who is determined to be permanently disabled pursuant to this subsection (e) of Section 5 may exercise such Vested Options until the earlier of (i) the expiration of the stated term of the Option, or (ii) one (1) year after a Participant’s continuous employment with the Corporation is terminated by reason of a permanent disability as established pursuant to this subsection (e) of Section 5.

 

 

(f)

Death .  If a Participant’s continuous employment with the Corporation terminates by reason of his or her death prior to the Expiration Date, then to the


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more