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This excerpt taken from the AAPL 10-Q filed May 4, 2005. Type of Option. Each Option shall
be designated in the Award Agreement as either an Incentive Stock Option or a
Nonstatutory Stock Option. However, not withstanding such designation, to the
extent that the aggregate Fair Market Value of the Shares with respect to which
Incentive Stock Options are exercisable for the first time by the Participant
during any calendar year (under all plans of the Company and any Parent or
Subsidiary) exceeds $100,000, such Options shall be treated as Nonstatutory
Stock Options. For purposes of this Section 9(a), Incentive Stock Options
shall be taken into account in the order in which they were granted. The Fair
Market Value of the Shares shall be determined as of the time the Option with
respect to such Shares is granted.
(b) |
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