Accelerated Vesting upon Death or Disability. Notwithstanding the foregoing provisions of this Section 4, in the event of the Executive’s termination of employment with the Company or any of its Subsidiaries by reason of his death or becoming Disabled on or after November 10, 2006, Time Vesting Shares that would otherwise have been become vested within twelve months immediately following the applicable Termination Date shall vest as of such Termination Date.
Accelerated Vesting upon Death or Disability. If you cease to be an Employee, Consultant or Director because of death or Disability during the Restricted Period, all restrictions remaining on your Restricted Stock shall terminate automatically and your Restricted Stock shall become immediately fully vested and nonforfeitable.
Accelerated Vesting upon Death or Disability. If, after the Effective Date, your Business Relationship is terminated on account of your death or disability (as defined in the 2009 Plan), then any options granted to you by the Company during your Business Relationship (including the Initial Option, the Promotion Option and the Qualified Financing Option) shall vest as to all of the then unvested portion of the option that would have vested if your Business Relationship continued for twelve (12) months following such termination.
Accelerated Vesting upon Death or Disability. (i) In the event of the death or Disability of Grantee prior to the lapse of restrictions on any Restricted Stock granted hereunder, all such Restricted Stock shall vest subject to Pro Rata Acceleration (as defined below) as of the date of Grantee’s death or the date Grantee gives notice of Grantee’s Disability (the “Event Date”).
(ii) As used in this Section 3(d), “Pro Rata Acceleration” means the Award will vest prorated through the Event Date, with such prorated amount to be calculated by multiplying the number of shares of Restricted Stock subject to the Award by a fraction, the numerator of which shall be equal to the number of days inclusive between the Award Date and the Event Date, and the denominator of which shall be equal to the number of days inclusive between the Award Date and the Vesting Date.
Accelerated Vesting upon Death or Disability. All Unvested Time Vesting Units shall immediately vest and become Vested Deferred Units in the event that the Employee ceases to be employed by, or to provide services to, the Company or any of its Subsidiaries due to the Employee’s death or Disability. “Disability” means Employee’s inability, due to illness, accident, injury, physical or mental incapacity or other disability, to carry out effectively Employee’s duties and obligations to the Company or any of its Subsidiaries or, if applicable based on Employee’s position, to participate effectively and actively in the management of the Company or any of its Subsidiaries for a period of at least 90 consecutive days or for shorter periods aggregating at least 120 days (whether or not consecutive) during any twelve month period, as determined in the reasonable judgment of the Board or the Compensation Committee of the Board (the “Compensation Committee”). A Disability shall be deemed to have occurred on the date that either Employee or Employee’s personal representative or legal guardian, on the one hand, or the Company, on the other hand, provides notice to the other party of the satisfaction of each of the requirements to constitute a Disability set forth above or on such other date as the parties shall mutually agree.
Accelerated Vesting upon Death or Disability. [If your Continuous Service ends due to your death or because you become Disabled, you will become partially vested in the unvested Shares subject to this Award (and will forfeit all other rights under this Award). The number of unvested Shares in which your interest will vest will be equal to .]
Accelerated Vesting upon Death or Disability. If the Participant ceases to provide services to the Company by reason of the Participant’s death or disability before this Award has become vested with respect to all of the Shares, all Unvested Shares shall vest as of such termination date.
Accelerated Vesting upon Death or Disability. If the Participant ceases to provide services to the Company by reason of the Participant’s death or disability before this Award has become vested with respect to all of the SARs, all unvested SARs will vest as of such termination date.
Accelerated Vesting upon Death or Disability. For purposes of Sections 2(c) and 2(d):
(a) the determination of the percent of target earned under Section I above is based on the average of the Company’s achievement of the Annual Diluted EPS Goals for each of the three fiscal years within the Performance Period, which shall be (i) for any fiscal year within the Performance Period that is completed as of the Recipient’s death or Disability, as applicable, the greater of (A) 100% or (B) the calculated as the annual Diluted EPS performance result divided by the annual Diluted EPS performance target for that year; and (ii) for any other fiscal year within the Performance Period that is not completed as of the Recipient’s death or Disability, as applicable, 100%; and
(b) the number of Shares payable under the Award shall not be modified based on the Three-Year Relative TSR, unless the Company’s Three-Year Relative TSR, using the last thirty (30) trading days immediately prior to the Recipient’s death or Disability, as applicable, to measure performance, is at or above the 75th percentile, in which event the number of Shares payable under this Award shall be increased by 20%, not to exceed the number of Shares that would be payable at 200% of RSUs earned.
Accelerated Vesting upon Death or Disability. If Optionee dies or becomes disabled during his term of services as an employee of the Company or its subsidiaries, then the Option shall vest in the manner described in Section 3(c) below.
