Common use of Death While Employed Clause in Contracts

Death While Employed. Except as provided in Item E below, if the Recipient ceases services as an employee, director or consultant of the Company and all Affiliates due to the Recipient’s death during the Performance Period or the Vesting Period, the Recipient shall vest in the same number of Earned Unvested Restricted Units as if the Recipient’s death were a Qualifying Termination pursuant to Item B of this Vesting Schedule, except that the vesting there provided shall be accelerated to the later of the date of the Recipient’s death or the last day of the Performance Period; provided however, that such vesting shall not occur if during the Applicable Period and before the date of death, the Recipient breached any of the Restrictive Provisions or the Intellectual Property Agreement, and in such event, all Earned Unvested Restricted Units that have not previously vested and been paid in Vested Shares shall be immediately forfeited as of the date of such breach.

Appears in 4 contracts

Samples: TSR Based Performance Restricted Stock Units Agreement (Omega Healthcare Investors Inc), Restricted Stock Units Agreement (Omega Healthcare Investors Inc), Restricted Stock Units Agreement (OHI Healthcare Properties Limited Partnership)

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Death While Employed. Except as provided in Item E below, if the Recipient ceases services as an employee, director or consultant of the Company and all Affiliates due to the Recipient’s death during the Performance Period or the Vesting Period, the Recipient shall vest in the same number of Earned Unvested Restricted Profits Interest Units as if the Recipient’s death were a Qualifying Termination pursuant to Item B of this Vesting Schedule, except that the vesting there provided shall be accelerated to the later of the date of the Recipient’s death or the last day of the Performance Period; provided however, that such vesting shall not occur if during the Applicable Period and before the date of death, the Recipient breached any of the Restrictive Provisions or the Intellectual Property Agreement, and in such event, all Earned Unvested Restricted Profits Interest Units that have not previously vested and been paid in Vested Shares shall be immediately forfeited as of the date of such breach.

Appears in 2 contracts

Samples: Profits Interest Units Agreement (OHI Healthcare Properties Limited Partnership), TSR Based Performance Profits Interest Units Agreement (OHI Healthcare Properties Limited Partnership)

Death While Employed. Except as provided in Item E below, if the Recipient ceases services as an employee, director or consultant of the Company and all Affiliates due to the Recipient’s death during the Performance Period or the Vesting Period, the Recipient shall vest in the same number of Earned Unvested Restricted Profits Interest Units as if the Recipient’s death were a Qualifying Termination pursuant to Item B of this Vesting Schedule, except that the vesting there provided shall be accelerated to the later of the date of the Recipient’s death or the last day of the Performance Period; provided however, that such vesting shall not occur if during the Applicable Period and before the date of death, the Recipient breached any of the Restrictive Provisions or the Intellectual Property Agreement, and in such event, all Earned Unvested Restricted Profits Interest Units that have not previously vested and been paid in Vested Shares shall be immediately forfeited as of the date of such breach.

Appears in 1 contract

Samples: Relative TSR Based Performance Profits Interest Units Agreement (Omega Healthcare Investors Inc)

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Death While Employed. Except as provided in Item E below, if the Recipient ceases services as an employee, director or consultant of the Company and all Affiliates due to the Recipient’s death during the Performance Period or the Vesting Period, the Recipient shall vest in the same number of Earned Unvested Restricted Profits Interest Units as if the Recipient’s death were a Qualifying Termination pursuant to Item B of this Vesting Schedule, except that the vesting there provided shall be accelerated to the later of the date of the Recipient’s death or the last day of the Performance Period; provided however, that such vesting shall not occur if during the Applicable Period and before the date of death, the Recipient breached any of the Restrictive Provisions or the Intellectual Property Agreement, and in such event, all Earned Unvested Restricted Profits Interest Units that have not previously vested and been paid in Vested Shares shall be immediately forfeited as of the date of such breach.

Appears in 1 contract

Samples: TSR Based Performance Profits Interest Units Agreement (Omega Healthcare Investors Inc)

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