Consequences of Prohibited Conduct. If the Company determines that the Participant has engaged in any Prohibited Conduct (as defined in Section 7(b)), then: (i) The Participant shall immediately forfeit all outstanding PSUs awarded pursuant to this Agreement and shall have no right to receive the underlying Shares; and (ii) If the delivery of Shares underlying any PSUs has occurred (each, a “Payment Date”), and the Company determines that Prohibited Conduct occurred on or before the first anniversary of the Vesting Date for those PSUs, the Participant shall repay and transfer to the Company (A) the number of Shares issued to the Participant under this Agreement on that Payment Date (the “Forfeited Shares”), which shall include with respect to any Forfeited Shares that have been sold by the Participant prior to the Company’s demand for repayment, the repayment by the Participant to the Company of 100% of the proceeds of such sale or sales, plus (B) the amount of cash equal to the withholding taxes paid by withholding and/or selling Shares (if any) from the Participant on the respective Payment Date.
Appears in 1 contract
Samples: Performance Stock Unit Agreement (Six Flags Entertainment Corp)
Consequences of Prohibited Conduct. If the Company determines that the Participant has engaged in any Prohibited Conduct (as defined in Section 7(b)), then:
(i) The Participant shall immediately forfeit all outstanding PSUs awarded pursuant to this Agreement and shall have no right to receive the underlying Shares; andand
(ii) If the delivery of Shares underlying any PSUs has occurred (each, a “Payment Date”), and the Company determines that Prohibited Conduct occurred on or before the first anniversary of the Vesting Date for those PSUs, the Participant shall repay and transfer to the Company (A) the number of Shares issued to the Participant under this Agreement on that Payment Date (the “Forfeited Shares”), which shall include with respect to any Forfeited Shares that have been sold by the Participant prior to the Company’s demand for repayment, the repayment by the Participant to the Company of 100% of the proceeds of such sale or sales, plus (B) the amount of cash equal to the withholding taxes paid by withholding and/or selling Shares (if any) from the Participant on the respective Payment Date.plus
Appears in 1 contract
Samples: Performance Stock Unit Agreement (Six Flags Entertainment Corp)
Consequences of Prohibited Conduct. If the Company determines that the Participant has engaged in any Prohibited Conduct (as defined in Section 7(b)), then:
(i) The Participant shall immediately forfeit all outstanding PSUs RSUs awarded pursuant to this Agreement and shall have no right to receive the underlying Shares; andand
(ii) If the delivery of Shares underlying any PSUs RSUs has occurred (each, a “Payment Date”), and the Company determines that Prohibited Conduct occurred on or before the first anniversary of the Vesting Date for those PSUsRSUs, the Participant shall repay and transfer to the Company (A) the number of Shares issued to the Participant under this Agreement on that Payment Date (the “Forfeited Shares”), which shall include with respect to any Forfeited Shares that have been sold by the Participant prior to the Company’s demand for repayment, the repayment by the Participant to the Company of 100% of the proceeds of such sale or sales, plus (B) the amount of cash equal to the withholding taxes paid by withholding and/or selling Shares (if any) from the Participant on the respective Payment Date..
Appears in 1 contract
Samples: Restricted Stock Unit Agreement (Six Flags Entertainment Corp)
Consequences of Prohibited Conduct. If the Company determines that the Participant has engaged in any Prohibited Conduct (as defined in Section 7(b)), then:
(i) The Participant shall immediately forfeit all outstanding PSUs RSUs awarded pursuant to this Agreement and shall have no right to receive the underlying Shares; and
(ii) If the delivery of Shares underlying any PSUs RSUs has occurred (each, a “Payment Date”), and the Company determines that Prohibited Conduct occurred on or before the first anniversary of the Vesting Date for those PSUsRSUs, the Participant shall repay and transfer to the Company (A) the number of Shares issued to the Participant under this Agreement on that Payment Date (the “Forfeited Shares”), which shall include with respect to any Forfeited Shares that have been sold by the Participant prior to the Company’s demand for repayment, the repayment by the Participant to the Company of 100% of the proceeds of such sale or sales, plus (B) the amount of cash equal to the withholding taxes paid by withholding and/or selling Shares (if any) from the Participant on the respective Payment Date.
Appears in 1 contract
Samples: Restricted Stock Unit Agreement (Six Flags Entertainment Corp)