Forfeiture Conditions. Notwithstanding anything to the contrary in this Agreement, if the Grantee ceases to be an Employee because the Grantee’s employment is terminated for “cause” (as defined in paragraph (b) below), or if, during the term of the Grantee’s employment with the Company and its Affiliates, or during the period following Retirement or Disability and prior to the Vesting Date, the Grantee breaches any non-compete or confidentiality restrictions applicable to the Grantee (including the non-compete restriction in paragraph (c) below), or the Grantee participates in an activity that is deemed by the Company to be detrimental to the Company (including, without limitation, criminal activity), (i) the Grantee shall immediately forfeit this Award and any right to receive Shares that have not yet been issued pursuant to Section 4, and (ii) with respect to Shares that have been issued pursuant to this Award (or the cash value thereof paid) after the Vesting Date, either (A) the Grantee shall return such Shares to the Company, or (B) the Grantee shall pay to the Company in cash an amount equal to the Fair Market Value of such Shares as of the Vesting Date (or equal to the cash value previously paid).
Appears in 2 contracts
Samples: Restricted Stock Unit Award Agreement (Archer Daniels Midland Co), Restricted Stock Unit Award Agreement (Archer Daniels Midland Co)
Forfeiture Conditions. Notwithstanding anything to the contrary in this Agreement, if the Grantee ceases to be an Employee because the Grantee’s employment is terminated for “cause” (as defined in paragraph (b) below), or if, during the term of the Grantee’s employment with the Company and its Affiliates, or during the period following Retirement or Disability and prior to the Vesting Date, the Grantee breaches any non-compete or confidentiality restrictions applicable to the Grantee (including the non-compete restriction in paragraph (c) below), or the Grantee participates in an activity that is deemed by the Company to be detrimental to the Company (including, without limitation, criminal activity), (i) the Grantee shall immediately forfeit this Award and any right to receive Shares that have not yet been issued pursuant to Section 45, and (ii) with respect to Shares that have been issued pursuant to this Award (or the cash value thereof paid) after the Vesting Date, either (A) the Grantee shall return such Shares to the Company, or (B) the Grantee shall pay to the Company in cash an amount equal to the Fair Market Value of such Shares as of the Vesting Date (or equal to the cash value previously paid).
Appears in 1 contract
Samples: Performance Share Unit Award Agreement (Archer Daniels Midland Co)
Forfeiture Conditions. Notwithstanding anything to the contrary in this Agreement, if the Grantee ceases you cease to be an Employee because the Grantee’s your employment is terminated for “causeCause” (as defined in paragraph (b7(b) below), or if, during the term of the Grantee’s your employment with the Company and its AffiliatesAffiliates and for two years after the Vesting Date, or during the period following Retirement or Disability and prior to the passage of two years after the Vesting Date, the Grantee breaches you breach any non-compete or confidentiality restrictions restrictive covenants applicable to the Grantee you (including the non-compete restriction those contained in paragraph (c7(c) below), or the Grantee participates you participate in an activity that is deemed by the Company to be detrimental to the Company or any of its Affiliates (including, without limitation, criminal activity), (i) the Grantee you shall immediately forfeit this Award and any right to receive Shares that have not yet been issued pursuant to Section 44 above, and (ii) with respect to Shares that have been issued pursuant to this Award (or the cash value thereof paid) after the Vesting Date, either (A) the Grantee you shall return such Shares to the Company, or (B) the Grantee you shall pay to the Company in cash an amount equal to the Fair Market Value of such Shares as of the Vesting Date (or equal to the cash value previously paid).
Appears in 1 contract
Samples: Restricted Stock Unit Award Agreement (Archer Daniels Midland Co)