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You may not, however, go back in time and change a non-qualified stock option to an ISO because of the cancellation. Special consideration should be given in cases of a grant that is cancelled prior to vesting, but within the calendar year of the vest date. For example, if a grant should vest in October, but is cancelled in the preceding June, the value must still be included in the calculation for that year. Grants should be considered in the order in which they were granted.

Therefore, if multiple grants are accelerated simultaneously e. After an acceleration provision is triggered, the options subject to such provision are then taken into account in accordance with paragraph b 3 of this section for purposes of applying the limitation described in paragraph a 2 of this section to all options first exercisable during a calendar year.

For purposes of this paragraph b 4 , an acceleration provision includes, for example, a provision that accelerates the exercisability of an option on a change in ownership or control or a provision that conditions exercisability on the attainment of a performance goal.

See paragraph d , Example 4 of this section. The application of the rules described in paragraph b of this section may result in an option being treated, in part, as an incentive stock option and, in part, as a non-statutory option.

The following examples illustrate the principles of this section. In each of the following examples E is an employee of X Corporation. The examples are as follows:. Effective January 1, , X Corporation adopts a plan under which incentive stock options may be granted to its employees.

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