Common use of Certain Sales Upon Termination of Employment Clause in Contracts

Certain Sales Upon Termination of Employment. (a) If the Grantee's employment with the Company is terminated (i) by the Company for any reason other than for Cause (as defined in Section 6(c) below), (ii) by the Grantee for any reason or (iii) by reason of the Grantee's death or Disability, the Company shall have the right to repurchase Restricted Shares held by the Grantee that have theretofore been released from the restrictions set forth in Section 3 of this Agreement at the Fair Market Value (as defined in Section 6(d) below) thereof as of the effective date of such termination. If the Grantee's employment with the Company is terminated by the Company for Cause, (x) the Company shall have the right to repurchase Restricted Shares held by the Grantee that have theretofore been released from the restrictions set forth in Section 3 of this Agreement at (1) the Fair Market Value thereof as of the effective date of such termination or (2) the Grantee's cost of obtaining such shares, whichever is lower, and (y) any profit realized from the sale of any Restricted Shares that have theretofore been released from the restrictions set forth in Section 3 of this Agreement shall inure to and be recoverable by the Company. "Disability" shall mean as a result of the Grantee's incapacity due to physical or mental illness (as determined in good faith by a physician acceptable to the Company), the Grantee shall have been absent from full-time performance of his duties with the Company for 135 consecutive days during any 12-month period.

Certain Sales Upon Termination of Employment. (a) If the Grantee's employment with the Company is terminated (i) by the Company for any reason other than for Cause (as defined in Section 6(c5(c) below), (ii) by the Grantee for any reason or (iii) by reason of the Grantee's death or Disability, the Company shall have the right to repurchase Restricted Shares held by the Grantee that have theretofore been released from the restrictions set forth in Section 3 2 of this Agreement at the Fair Market Value (as defined in Section 6(d5(d) below) thereof as of the effective date of such termination. If the Grantee's employment with the Company is terminated by the Company for Cause, (x) the Company shall have the right to repurchase Restricted Shares held by the Grantee that have theretofore been released from the restrictions set forth in Section 3 2 of this Agreement at (1) the Fair Market Value thereof as of the effective date of such termination or (2) the Grantee's cost of obtaining such shares, whichever is lower, and (y) any profit realized from the sale of any Restricted Shares that have theretofore been released from the restrictions set forth in Section 3 2 of this Agreement shall inure to and be recoverable by the Company. "Disability" shall mean as a result of the Grantee's incapacity due to physical or mental illness (as determined in good faith by a physician acceptable to the Company), the Grantee shall have been absent from full-time performance of his duties with the Company for 135 consecutive days during any 12-month period.