Apple 2005 Annual Report Download - page 136

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IN WITNESS WHEREOF, the parties have duly executed this Agreement effective as of the date set forth above.
Exhibit 10.A.57
Standard
NON
-STATUTORY STOCK OPTION AGREEMENT RE: 2003 Employee Stock Plan
TO: [INSERT NAME]
DATE OF GRANT: [INSERT DATE]
On the Date of Grant shown above, Apple Computer, Inc. (the “Company”), a California corporation, granted to you (the “Optionee”) an
option to purchase shares of Common Stock, no par value, of the Company, in the number and at the price as shown above, and in all respects
subject to the terms, definitions and provisions of the 2003 Employee Stock Plan, as amended (the “Plan”) of the Company, which is
incorporated herein by reference, as follows:
1.
NATURE OF THE OPTION. This option is intended to be a non-statutory option and NOT an incentive stock option within the
meaning of Section 422 of the Internal Revenue Code of 1986, as amended (the Code). The grant of the option is a one-time benefit offered
solely to employees and does not create any contractual or other right to receive a grant of additional options or other benefits in lieu of
additional options in the future. Future option grants, if any, will be at the sole discretion of the Company, including, but not limited to, the
timing of any grant, the number of options, vesting provisions and the exercise price. The future value of the underlying Company shares is
unknown and cannot be predicted with certainty. If the underlying Company shares do not increase in value, the option will have no value.
2.
NATURE OF THE PLAN. The Plan is discretionary in nature and the Company may amend, cancel or terminate the Plan at any
time.
3.
EMPLOYEE PARTICIPATION. Your participation in the Plan is voluntary. The value of the option is an extraordinary item of
compensation outside the scope of your employment contract, if any. As such, the option is not part of normal or expected compensation for
purposes of calculating any severance, resignation, redundancy, end of service payments, bonuses, long-service awards, pension or retirement
benefits or similar payments.
4.
OPTION PRICE. The Option price indicated above for each share of Common Stock, is not less than the fair market value per share
of Common Stock on the date of grant of this option, as determined by the Administrator in accordance with Section 9(c) of the Plan.
5.
EXERCISE OF OPTION. This option shall be exercisable in accordance with Section 11 of the Plan as follows:
(i)
RIGHT TO EXERCISE. This option shall be exercisable, cumulatively, as follows:
(ii)
METHOD OF EXERCISE. This option shall be exercisable by the submission of a Notice of Exercise form which
may be obtained from the Company and shall state the election to exercise this option, the number of shares in respect of which this option is
being exercised, and such other representations and agreements as to the holder’s investment intent with respect to such shares of Common
Stock as may be required by the Company. Such Notice of Exercise form shall be signed by the Optionee and shall be delivered in person or
by mail or by facsimile to the Company. When exercising an option, the Notice of Exercise form shall be accompanied by payment of the
purchase price. Payment of the purchase price shall be by cash, check, or other means as determined by the Administrator pursuant to
Section 9(c) of the Plan. When executing a same-day-sale, the Notice of Exercise form must be submitted to Shareholder Relations by 3:00
PM the next business day following the day of sale. The certificate or certificates for shares of Common Stock as to which this option shall be
exercised shall be registered in the name of the Optionee.
(iii)
RESTRICTIONS ON EXERCISE. This option may not be exercised if the issuance of such shares upon such
exercise would constitute a violation of any applicable federal or state securities law or other law or regulation. As a condition to the exercise
of this option, the Company may require the Optionee to make such representations, and warranties to the Company as may be required by any
applicable law or regulation, including the execution and delivery of a representation letter at the time of exercise of this option.
APPLE COMPUTER, INC.
By:
Its:
[Grantee
’
s Name]
Number of Shares
Can be Exercised On
Must be Exercised Before