Oracle 2009 Annual Report Download - page 148

3. ELIGIBILITY
(a) Any Employee who shall be employed by the Company on the date his or her participation in the Plan is effective shall be eligible to participate in the
Plan, subject to limitations imposed by Section 423(b) of the Code, without regard to paragraph (4) of that section.
(b) Unless expressly excluded from participation in the Plan by the Board, any eligible employee of any Participating Subsidiary is eligible to participate in
the Plan. Any eligible employee of any Participating Affiliate so designated by the Board is also eligible to participate in the Plan. Any such exclusions or
designations by the Board will comply with Section 16.
(c) Any provisions of the Plan to the contrary notwithstanding, no Employee shall be granted an option under the Plan (i) if, immediately after the grant,
such Employee (or any other person whose stock would be attributed to such Employee pursuant to Section 424(d) of the Code) would own stock and/or hold
outstanding options to purchase stock possessing five percent (5%) or more of the total combined voting power or value of all classes of stock of Oracle or of any
Subsidiary of Oracle, or (ii) which permits his or her rights to purchase stock under all employee stock purchase plans of Oracle and its Subsidiaries to accrue at a
rate which exceeds Twenty-Five Thousand Dollars ($25,000) of fair market value of such stock (determined at the time such option is granted) for each calendar
year in which such option is outstanding at any time. The determination of the accrual of the right to purchase stock shall be made in accordance with
Section 423(b)(8) of the Code and the regulations thereunder.
4. OFFERING PERIODS
The Plan shall be implemented by two offerings during each year of the Plan, commencing on or about October 1 and April 1 of each year, or as otherwise
determined by the Board, and continuing thereafter for a period of six (6) months (each, an “Offering Period”). The first Offering Period under the Plan shall
commence on October 1, 1992. The Board shall have the power to change the duration of Offering Periods (both before and after any such Offering Period has
commenced) with respect to future offerings without stockholder approval. In no event, however, will any such Offering Period be longer than twenty-seven
(27) months.
5. PARTICIPATION
(a) An eligible Employee may become a participant in the Plan by completing a subscription agreement authorizing payroll deductions on the form
provided by the Company (or by following an electronic or other enrollment process as prescribed by the
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Source: ORACLE CORP, 10-K, July 01, 2010 Powered by Morningstar® Document Research℠