ATVI » Topics » employment not been terminated, and will be exercisable on the same terms as would have applied had your employment not been terminated.

This excerpt taken from the ATVI 10-Q filed Jun 7, 2007.

employment not been terminated, and will be exercisable on the same terms as would have applied had your employment not been terminated.

(4)                                  To the extent any of the provisions of this Paragraph 9(e)(ii) allow vesting of Restricted Shares and vesting and exercise of stock options subsequent to your termination, such vesting and/or will occur and/or continue only for so long as you do not become employed at any time subsequent to your termination by a corporation or other entity engaged in a Competitive Business. Should you become employed at any time subsequent to your termination without cause by a corporation or other entity engaged in a Competitive Business or otherwise become engaged directly or indirectly in a Competitive Business, (a) all  stock options and Restricted Shares granted to you under this Agreement shall cease to vest immediately as of the date of  such  employment, (b) all then unvested stock options and Restricted Shares shall be cancelled, and only vested stock options shall continue to be exercisable until the earlier of (i) the end of the 30th day after you commence engaging in a Competitive Business, or (ii) the expiration of such stock option pursuant to the terms of the stock option agreement for such stock option; and upon the expiration of such period, all stock options then remaining unexercised shall be cancelled. Notwithstanding the foregoing, in the event such employment or engagement in a Competitive Business is in breach of Paragraph 8(d) of this Agreement, then all unvested Restricted Shares and unvested stock options granted to you under this Agreement shall expire immediately on the date you commence engaging in a Competitive Business and all such unvested Restricted Shares and unvested stock options shall immediately be cancelled and no longer continue to vest or be exercisable as of the date of your employment or engagement in a Competing Business.

(iii)                               In the event of your termination of employment by reason of your death or disability:

(1)                                  All stock options granted to you under this Agreement shall continue to vest and be exercisable for a period of 24 months in accordance with same respective vesting schedules and under same terms had your employment not been terminated.

(2)                                  Your new hire option grant (grant #01000230) shall vest immediately the number of options that would have vested over the course of the next 24 months had your employment not been terminated, and will be exercisable on the same terms as would have applied had your employment not been terminated.

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(3)                                  You will be allowed to continue to vest Restricted Shares for a period of 24 months in accordance with same respective vesting schedule under the same terms had your employment not been terminated.

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