Compensation Forfeiture. Notwithstanding anything contained herein to the contrary, upon the Limited Partner’s Withdrawal for Cause, any equity awards (including without limitation, any Received Class A Shares, the Initial Class D Common Unit, any Class A Common Units and any RSUs), in each case, received by the Limited Partner in the twenty-four (24) month period prior to the date of Withdrawal shall be treated as provided in Section 6(b)(ii) as if the Limited Partner breached the covenants described in Section 6(b)(ii).
Compensation Forfeiture. Upon the Limited Partner’s Withdrawal for Cause, the Limited Partner shall transfer to Och-Ziff the number of Class A Shares equal to the number of Class A Shares that were acquired by the Limited Partner in respect of any equity awards (including without limitation, any Class A Shares acquired on settlement of the Annual RSUs, the Sign-On RSUs, the Sign-On PSUs and any Annual Bonuses), in each case, in the 24-month period prior to the Termination Date. Notwithstanding the foregoing sentence, (A) if such Withdrawal is pursuant to clause (iii) of the definition of Cause (relating to violations of regulatory requirements or rules of self-regulatory organizations), then this Section 3(a)(iii) shall only apply if the relevant regulatory body or self-regulatory organization has found (or the Limited Partner has entered into a consent decree determining) that the Limited Partner has committed fraud and (B) if such Withdrawal is pursuant to clause (v) of the definition of Cause (relating to material violations of Och-Ziff Group agreements), then this Section 3(a)(iii) shall only apply if such violation of any agreement relating to the Och-Ziff Group causes non-de minimis detriment to the Och-Ziff Group (financial or otherwise).
Compensation Forfeiture. If at any time Agent induces or attempts to induce an independent agent of Master Agency or Insurer to discontinue his/her/its contract with Master Agency or Insurer, or induces or attempts to induce any of Insurer's contract holders to cancel, transfer, or otherwise relinquish any of Insurer's contracts, products, and/or services, Agent will forfeit any and all compensation that Agent might otherwise have received under any and all contracts with Master Agency or Insurer. Notwithstanding such compensation forfeiture, each of Master Agency and Insurer reserves its right to pursue any and all additional claims it may have against Agent.
Compensation Forfeiture. If BearingPoint determines that you have breached Sections 3 or 4, you agree to forfeit or repay all salary and other compensation that you have earned or would otherwise be entitled to from BearingPoint during any period of disloyalty or conflicting interest. This compensation forfeiture shall be absolute and not subject to any apportionment for properly performed services during any period when disloyal acts were committed. By executing this Agreement, you authorize BearingPoint to engage in self-help and deduct or withhold from any compensation otherwise due or owing to you in order to satisfy such forfeiture. You also agree to forfeit and pay to BearingPoint all gains realized from the disloyal or conflicting acts and to reimburse BearingPoint for all losses incurred as a result of the disloyalty, including costs and attorney’s fees.
Compensation Forfeiture. Upon a termination of the Executive’s employment by the Company for Cause as described in Section 3(a)(i), the Executive shall transfer to the Company the number of Class A Shares equal to the number of Class A Shares that were acquired by Executive in respect of any equity awards (including without limitation, any Class A Shares acquired on settlement of the Annual RSUs, the Sign-On RSUs, the Sign-On PSUs and any Annual Bonuses), in each case, in the 24-month period prior to the Termination Date. Notwithstanding the foregoing sentence, (A) if such termination of the Executive’s employment is pursuant to clause (iii) of the definition of Cause, this Section 3(a)(iii) shall only apply if the relevant regulatory body or self-regulatory organization has found (or the Executive has entered into a consent decree determining) that the Executive has committed fraud and (B) if such termination of the Executive’s employment is pursuant to clause (v) of the definition of Cause, this Section 3(a)(iii) shall only apply if such violation of any agreement relating to the Company causes non-de minimis detriment to the Company (financial or otherwise).
Compensation Forfeiture. If BearingPoint determines that you have breached Sections 3 or 4, you agree to forfeit or repay all salary and other compensation that you have earned or would otherwise be entitled to from BearingPoint during any period of disloyalty or conflicting interest. This compensation forfeiture shall be absolute and not subject to any apportionment for properly performed services during any period when disloyal acts were committed. By executing this Agreement, you authorize BearingPoint to engage in self-help and deduct or withhold from any compensation otherwise due or owing to you in order to satisfy such forfeiture; provided, however, that any such deduction or withholding shall occur only at the time when payment of such compensation would otherwise have been made under the terms of the applicable policy or plan. You also agree to forfeit and pay to BearingPoint all gains realized from the disloyal or conflicting acts and to reimburse BearingPoint for all losses incurred as a result of the disloyalty, including costs and attorney’s fees.
Compensation Forfeiture. If at any time Agent commits a fraudulent or illegal act in connection with its activities under this Agreement, or induces or attempts to induce an independent agent of Insurer to discontinue his/her/its contract with Insurer, or induces or attempts to induce any of Insurer's contract holders to cancel, transfer, or otherwise relinquish any of Insurer's contracts, products, and/or services, Agent will forfeit any and all compensation that Agent might otherwise have received under any and all contracts with Insurer. Notwithstanding such compensation forfeiture, Insurer reserves its right to pursue any and all additional claims it may have against Agent.
