Apple 1999 Annual Report Download - page 123

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Administrator deems reliable; or
(iii) In the absence of an established market for the Common Stock, the Fair Market Value shall be determined in good faith by the
Administrator.
(q) "INCENTIVE STOCK OPTION" means an Option intended to qualify as an incentive stock option within the meaning of Section 422 of
the Code and the regulations promulgated thereunder and is expressly designated by the Administrator at the time of grant as an incentive stock
option.
(r) "NONSTATUTORY STOCK OPTION" means an Option not intended to qualify as an Incentive Stock Option.
(s) "OPTION" means a stock option granted pursuant to the Plan.
(t) "OPTIONED STOCK" means the Common Stock subject to an Option, SAR or Stock Purchase Right.
(u) "OPTIONEE" means the holder of an outstanding Option, SAR or Stock Purchase Right.
(v) "PARENT" means a "parent corporation," whether now or hereafter existing, as defined in Section 424(e) of the Code.
(w) "PLAN" means this 1998 Executive Officer Stock Plan.
(x) "RESTRICTED STOCK" means shares of Common Stock acquired pursuant to a grant of Stock Purchase Rights under Section 12 of the
Plan.
(y) "RULE 16b-3" means Rule 16b-3 of the Exchange Act or any successor to Rule 16b-3, as in effect when discretion is being exercised with
respect to the Plan.
(z) "SAR" means a stock appreciation right granted pursuant to
Section 10 below.
(aa) "SECTION 16(b)" means Section 16(b) of the Exchange Act.
(bb) "SHARE" means a share of the Common Stock, as adjusted in accordance with Section 15 of the Plan.
(cc) "STOCK PURCHASE RIGHT" means the right to purchase Common Stock pursuant to Section 12 of the Plan, as evidenced by an
Agreement.
(dd) "SUBSIDIARY" means a "subsidiary corporation", whether now or hereafter existing, as defined in Section 424(f) of the Code.
3. STOCK SUBJECT TO THE PLAN. Subject to the provisions of Section 15 of the Plan, the maximum aggregate number of Shares which
may be optioned and sold under the Plan or for which SARs or Stock Purchase Rights may be granted and exercised is 17,000,000 Shares. The
Shares may be authorized, but unissued, or reacquired Common Stock.
In the discretion of the Administrator, any or all of the Shares authorized under the Plan may be subject to SARs issued pursuant to the Plan.
If an Option, SAR or Stock Purchase Right issued under the Plan should expire or become unexercisable for any reason without having been
exercised in full, the unpurchased Shares which were subject thereto shall become available for other Options, SARs or Stock Purchase Rights
under this Plan (unless the
3