Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.
Appears in 75 contracts
Samples: Change in Control Agreement (American Equity Investment Life Holding Co), Change in Control Agreement (American Equity Investment Life Holding Co), Change in Control Agreement (American Equity Investment Life Holding Co)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action transaction constituting a breach of the Restrictive Covenants.
Appears in 46 contracts
Samples: Key Executive Employment Agreement (Englobal Corp), Executive Employment Agreement (Englobal Corp), Executive Employment Agreement (Englobal Corp)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.
Appears in 35 contracts
Samples: Employment Agreement (Stewart Information Services Corp), Employment Agreement (Stewart Information Services Corp), Employment Agreement (Inotiv, Inc.)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the a result of any action transaction or activity constituting a breach of any of the Restrictive Covenants.
Appears in 32 contracts
Samples: Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company or its subsidiaries, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the a result of any action transaction constituting a breach of the Restrictive Covenants.
Appears in 16 contracts
Samples: Employment Agreement (Gasco Energy Inc), Employment Agreement (Trinity Medical Group Inc), Employment Agreement (Gasco Energy Inc)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, “Benefits”) derived or received by the Executive as the result of any action transactions constituting a breach of any of the Restrictive Covenants, and Executive shall account for and pay over such Benefits to Employer.
Appears in 13 contracts
Samples: Employment Agreement (Metalico Inc), Employment Agreement (Metalico Inc), Employment Agreement (Metalico Inc)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company and its subsidiaries, affiliates, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the that result of from any action transaction or activity constituting a breach of the Restrictive Covenantsthis Agreement.
Appears in 11 contracts
Samples: Employment Agreement (Dasan Zhone Solutions Inc), Employment Agreement (Dasan Zhone Solutions Inc), Employment Agreement (Dasan Zhone Solutions Inc)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by the Executive as the result of any action transactions constituting a breach of any of the Restrictive Covenants, and Executive shall account for and pay over such Benefits to the Company.
Appears in 9 contracts
Samples: Retention Agreement (Playtex Products Inc), Memorandum of Understanding (NBC Acquisition Corp), Memorandum of Understanding (Nebraska Book Co)
Accounting. The Employer shall have the right and remedy to require the Executive to account for and pay over to the Company Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by the Executive as the result of any action transactions constituting a breach of any of the Restrictive Covenants, and the Executive shall account for and pay overall such Benefits to the Employer.
Appears in 8 contracts
Samples: Employment Agreement (Commonwealth Biotechnologies Inc), Employment Agreement (Commonwealth Biotechnologies Inc), Employment Agreement (Commonwealth Biotechnologies Inc)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company and its Affiliates all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action transactions constituting a breach of any of the Restrictive Covenants.
Appears in 6 contracts
Samples: Management Employment Agreement (NetSpend Holdings, Inc.), Management Employment Agreement (NetSpend Holdings, Inc.), Management Employment Agreement (NetSpend Holdings, Inc.)
Accounting. The Employer shall have the right and remedy to require the Executive to account for and pay over to the Company Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, “Benefits”) derived or received by the Executive as the a result of any action transactions constituting a breach of any of the Restrictive Covenants, and Executive shall account for and pay overall such Benefits to the Company.
Appears in 5 contracts
Samples: Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.. VANTAGE DRILLING COMPANY EMPLOYMENT AGREEMENT
Appears in 4 contracts
Samples: Employment and Non Competition Agreement (Vantage Drilling CO), Employment and Non Competition Agreement (Vantage Drilling CO), Employment and Non Competition Agreement (Vantage Drilling CO)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the a result of any action transaction or activity constituting a material or intentional breach of any of the Restrictive Covenants.
Appears in 4 contracts
Samples: Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp)
Accounting. The right and remedy to require the Executive to account for and pay over to Holdings and the Company and Affiliates thereof all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action transactions constituting a breach of any of the Restrictive Covenants.
Appears in 3 contracts
Samples: Management Employment Agreement (NetSpend Holdings, Inc.), Management Employment Agreement (NetSpend Holdings, Inc.), Management Employment Agreement (NetSpend Holdings, Inc.)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company and its subsidiaries, affiliates, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the that result of from any action transaction or activity constituting a breach of the Restrictive Covenantsthis Release.
Appears in 3 contracts
Samples: General Release of Claims (Dasan Zhone Solutions Inc), General Release of Claims (Dasan Zhone Solutions Inc), General Release of Claims (Dasan Zhone Solutions Inc)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company or its subsidiaries, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action transaction constituting a breach of the Restrictive Covenants.
Appears in 3 contracts
Samples: Employment Agreement (Aviation Distributors Inc), Employment Agreement (Aviation Distributors Inc), Employment Agreement (Aviation Distributors Inc)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by the Executive as the result of any action transactions constituting a breach of any of the Restrictive Covenants, and the Executive shall account for and pay over such Benefits to the Company.
Appears in 2 contracts
Samples: Employment Agreement (Health Management Inc/De), Employment Agreement (Health Management Inc/De)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company or its subsidiaries, affiliates, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the a result of any action transaction or activity constituting a breach of any of the Restrictive Covenants.
Appears in 2 contracts
Samples: Employment Agreement (Universal Guardian Holdings Inc), Employment Agreement (Bucyrus International Inc)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.. Executive’s Initials:
Appears in 2 contracts
Samples: Executive Change in Control Agreement (Gardner Denver Inc), Executive Change in Control Agreement (Gardner Denver Inc)
Accounting. The right and remedy to require the Executive to account ---------- for and pay over to the Company and its subsidiaries, affiliates, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the that result of from any action transaction or activity constituting a breach of the Restrictive Covenantsthis Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Zhone Technologies Inc), Employment Agreement (Zhone Technologies Inc)
Accounting. The Company shall have the right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, moniesmoneys, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.
Appears in 2 contracts
Samples: Employment Agreement (Aki Holding Corp), Employment Agreement (Aki Inc)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, 7 3 increments or other benefits (collectively, "Benefits") derived or received by the Executive as the result of any action transactions constituting a breach of any of the Restrictive Covenants, and Executive shall account for and pay over such Benefits to the Company.
Appears in 2 contracts
Samples: Nebraska Book Co, NBC Acquisition Corp
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.. OFFSHORE GROUP INVESTMENT LIMITED EMPLOYMENT AGREEMENT
Appears in 2 contracts
Samples: Employment and Non Competition Agreement (Vantage Drilling International), Employment and Non Competition Agreement (Vantage Drilling CO)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company Corporation all compensation, profits, monies, accruals, increments or other benefits (collectively, “Benefits”) derived or received by the Executive it as the result of any action transactions constituting a breach of any of the Restrictive Covenants, and the Executive shall account for and pay over such Benefits to the Corporation.
Appears in 2 contracts
Samples: Change in Control Agreement (Hawk Corp), Change in Control Agreement (Hawk Corp)
Accounting. The right and remedy to require the ---------- Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.
Appears in 2 contracts
Samples: Officer Change in Control Agreement (Gardner Denver Inc), Change in Control Agreement (Gardner Denver Inc)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company Company, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.
Appears in 2 contracts
Samples: Employment Agreement (Chiles Offshore LLC), Employment Agreement (Chiles Magellan LLC)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive or any associated party deriving such benefits as the a result of any action constituting a such breach of the Restrictive Covenants.
Appears in 1 contract
Samples: Employment Agreement (Crinetics Pharmaceuticals, Inc.)
Accounting. The right and remedy to require the Executive to ---------- account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.
Appears in 1 contract
Samples: Retirement Agreement (Heidrick & Struggles International Inc)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively “Benefits”) derived or received by the Executive as the a result of any action transactions constituting a breach of any of the Restrictive Covenants, and the Executive shall account for and pay over such Benefits to the Company.
Appears in 1 contract
Accounting. The right and remedy to require the Executive to account for and any pay over to the Company or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the a result of any action transaction or activity constituting a breach of any of the Restrictive Covenants.
Appears in 1 contract
Samples: Employment Agreement (Rite Aid Corp)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.. (c)
Appears in 1 contract
Samples: Employment Agreement (Stewart Information Services Corp)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.; and Executive’s Initials: 11
Appears in 1 contract
Samples: Executive Change in Control Agreement (Gardner Denver Inc)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.; and
Appears in 1 contract
Samples: Executive Change in Control Agreement (Gardner Denver Inc)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits ("Benefits") derived or received by the Executive as the result of any action transaction constituting a breach of the Restrictive Covenants, and the Executive hereby agrees to account for and pay over such Benefits to the Company.
Appears in 1 contract
Accounting. The right and remedy to require the Executive to account for and pay over to the Company and its subsidiaries, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of that results from any action transaction or activity constituting a breach of the Restrictive Covenantsthis Agreement.
Appears in 1 contract
Samples: Separation Agreement (Bally Total Fitness Holding Corp)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.or
Appears in 1 contract
Accounting. The right and remedy to require the Executive to account for and pay over to the Company or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, . monies, accruals, increments or other benefits derived or received by the Executive as the a result of any action transaction or activity constituting a breach of any of the Restrictive Covenants.
Appears in 1 contract
Samples: Employment Agreement (Rite Aid Corp)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.. 3.3
Appears in 1 contract
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the that result of from any action transaction or activity constituting a breach of the Restrictive Covenantsthis Agreement.
Appears in 1 contract
Samples: Employment Agreement
Accounting. The right and remedy to require the Executive to account ---------- for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.
Appears in 1 contract
Samples: Agreement (Global Marine Inc)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.
Appears in 1 contract
Accounting. The right and remedy to require the Executive to account for and pay over present to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action transaction constituting a breach of the Restrictive Covenantscovenants in this Section 4.
Appears in 1 contract
Samples: Employment Agreement (Lattice INC)
Accounting. The Executive acknowledges that the Company shall have the right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, moniesmoney, accruals, increments or other benefits derived or received by the Executive as the a result of any action transactions constituting a breach of the Restrictive Covenantsrestrictive covenants in this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Carnival PLC)
Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive Executive’s Initials: __________ 11 as the result of any action constituting a breach of the Restrictive Covenants.
Appears in 1 contract
Samples: Executive Change in Control Agreement (Gardner Denver Inc)