Guest Benefitsrock Posted December 4, 2008 Posted December 4, 2008 Can reload options be exempt from 409A if they are designed in the same manner as exempt NQSOs? My concern is that in order for a NQSO to be exempt, the number of shares subject to the option must be fixed on the date of grant and this isn't the case with a reload. However, the formula used to calculate the number of reload options would be fixed. Any thoughts would be appreciated.
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