Common use of Detrimental Activities Clause in Contracts

Detrimental Activities. If Brookman engages in any activity that violates any covenant or restriction contained in this Section 6, in addition to any other remedy the Company may have at law or in equity, (A) Bxxxxxxx will be entitled to no further payments or benefits from the Company under this Agreement or otherwise, except for any payments or benefits required to be made or provided under applicable law, (B) all unexercised stock options, restricted stock and other forms of equity compensation held by or credited to Bxxxxxxx will terminate effective as of the date on which Brookman engages in that activity, unless terminated sooner by operation of another term or condition of this Agreement or other applicable plans and agreements, and (C) any exercise, payment or delivery pursuant to any equity compensation award that occurred within one year prior to the date on which Brookman engages in that activity may be rescinded within one year after the first date that a majority of the members of the Board first became aware that Brookman engaged in that activity. In the event of any such rescission, Bxxxxxxx will pay to the Company the amount of any gain realized or payment received as a result of the rescinded exercise, payment or delivery, in such manner and on such terms and conditions as may be required.

Detrimental Activities. If Brookman Xxxxxxx engages in any activity that violates any covenant or restriction contained in this Section 6, in addition to any other remedy the Company may have at law or in equity, (A) Bxxxxxxx Xxxxxxx will be entitled to no further payments or benefits from the Company under this Agreement or otherwise, except for any payments or benefits required to be made or provided under applicable law, (B) all unexercised stock options, restricted stock and other forms of equity compensation held by or credited to Bxxxxxxx Xxxxxxx will terminate effective as of the date on which Brookman Xxxxxxx engages in that activity, unless terminated sooner by operation of another term or condition of this Agreement or other applicable plans and agreements, and (C) any exercise, payment or delivery pursuant to any equity compensation award that occurred within one year prior to the date on which Brookman Xxxxxxx engages in that activity may be rescinded within one year after the first date that a majority of the members of the Board first became aware that Brookman Xxxxxxx engaged in that activity. In the event of any such rescission, Bxxxxxxx Xxxxxxx will pay to the Company the amount of any gain realized or payment received as a result of the rescinded exercise, payment or delivery, in such manner and on such terms and conditions as may be required.

Detrimental Activities. If Brookman Lxxxx engages in any activity that violates any covenant or restriction contained in this Section 6, in addition to any other remedy the Company may have at law or in equity, (A) Bxxxxxxx Lxxxx will be entitled to no further payments or benefits from the Company under this Agreement or otherwise, except for any payments or benefits required to be made or provided under applicable law, (B) all unexercised stock options, restricted stock and other forms of equity compensation held by or credited to Bxxxxxxx Lxxxx will terminate effective as of the date on which Brookman Lxxxx engages in that activity, unless terminated sooner by operation of another term or condition of this Agreement or other applicable plans and agreements, and (C) any exercise, payment or delivery pursuant to any equity compensation award that occurred within one year prior to the date on which Brookman Lxxxx engages in that activity may be rescinded within one year after the first date that a majority of the members of the Board first became aware that Brookman Lxxxx engaged in that activity. In the event of any such rescission, Bxxxxxxx Lxxxx will pay to the Company the amount of any gain realized or payment received as a result of the rescinded exercise, payment or delivery, in such manner and on such terms and conditions as may be required.

Detrimental Activities. If Brookman Sxxxxxx engages in any activity that violates any covenant or restriction contained in this Section 6, in addition to any other remedy the Company may have at law or in equity, (A) Bxxxxxxx Sxxxxxx will be entitled to no further payments or benefits from the Company under this Agreement or otherwise, except for any payments or benefits required to be made or provided under applicable law, (B) all unexercised stock options, restricted stock and other forms of equity compensation held by or credited to Bxxxxxxx Sxxxxxx will terminate effective as of the date on which Brookman Sxxxxxx engages in that activity, unless terminated sooner by operation of another term or condition of this Agreement or other applicable plans and agreements, and (C) any exercise, payment or delivery pursuant to any equity compensation award that occurred within one year prior to the date on which Brookman Sxxxxxx engages in that activity may be rescinded within one year after the first date that a majority of the members of the Board first became aware that Brookman Sxxxxxx engaged in that activity. In the event of any such rescission, Bxxxxxxx Sxxxxxx will pay to the Company the amount of any gain realized or payment received as a result of the rescinded exercise, payment or delivery, in such manner and on such terms and conditions as may be required.