Forfeiture of Compensation. In the event Executive breaches any of the non-disclosure or restrictive covenant provisions of Sections 8 or 9 of this Agreement, Executive immediately shall (a) forfeit his right to receive (and the Company shall no longer be obligated to pay) any severance compensation under this Agreement, (b) forfeit the stock options and/or other rights granted under the National City Bancshares, Inc. 1999 Stock Option and Incentive Plan, the Integra Bank Corporation 2003 Stock Option and Incentive Plan and any other stock option or equity compensation plans of the Company, regardless whether such options or rights are vested, unvested, exercisable or unexercisable, (c) disgorge and repay to the Company any gross profits realized from the exercise of any of the stock options under the National City Bancshares, Inc. 1999 Stock Option and Incentive Plan, the Integra Bank Corporation 2003 Stock Option and Incentive Plan and any other stock option or equity compensation plans of the Company at any time during the two (2) year period immediately preceding such breach, and (d) disgorge and repay to the Company an amount equal to the market value of any restricted stock of the Company that vested to Executive at any time during the two (2) year period immediately preceding such breach. The Company and Executive acknowledge and agree that the foregoing remedies are in addition to, and not in lieu of, any and all other legal and/or equitable remedies that may be available to Company in connection with Executive's breach or threatened breach, of any non-disclosure or restrictive covenant provision set forth in Sections 8 and 9 of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Integra Bank Corp), Employment Agreement (Integra Bank Corp), Employment Agreement (Integra Bank Corp)
Forfeiture of Compensation. In the event Executive breaches any of the non-disclosure or restrictive covenant provisions of Sections 8 or 9 of this AgreementAgreement following termination of employment, Executive immediately shall (a) forfeit his right to receive (and the Company shall no longer be obligated to pay) any severance compensation under this Agreement, (b) forfeit the any stock options and/or options, stock appreciation rights or other rights granted under the National City Bancshares, Inc. 1999 Stock Option and Incentive Plan, the Integra Bank Corporation 2003 Stock Option and Incentive Plan and any other stock option or equity incentive compensation plans of the Company, regardless whether such options or rights are vested, unvested, exercisable or unexercisable, (c) disgorge and repay to the Company any gross profits realized from the exercise of any of the stock options under the National City Bancshares, Inc. 1999 Stock Option and Incentive Plan, the Integra Bank Corporation 2003 Stock Option and Incentive Plan and any other stock option or equity compensation plans of the Company at any time during within the two (2) year period immediately preceding such breachtermination of any Company stock options or stock appreciation rights and other rights that were granted during the four (4) year period immediately preceding such termination, and (d) disgorge and repay to the Company an amount equal to the current market value of any restricted stock of or other full value equity awards which were granted to Executive within the Company that four (4) year period immediately preceding such termination and vested to Executive at any time during the two (2) year period immediately preceding such breachtermination and (e) repay to the Company any cash incentive or bonus payments paid to Executive within the two (2) year period immediately preceding such termination. The Company and Executive acknowledge and agree that the foregoing remedies are in addition to, and not in lieu of, any and all other legal and/or equitable remedies that may be available to Company in connection with Executive's ’s breach or threatened breach, of any non-disclosure or restrictive covenant provision set forth in Sections 8 and 9 of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Integra Bank Corp), Employment Agreement (Integra Bank Corp), Employment Agreement (Integra Bank Corp)
Forfeiture of Compensation. In the event Executive breaches any of the non-non disclosure or restrictive covenant provisions of Sections 8 or 9 of this Agreement, Executive immediately shall (a) forfeit his right to receive (and the Company shall no longer be obligated to pay) any severance compensation under this Agreement, (b) forfeit the stock options and/or any equity incentive or other rights granted under the National City Bancshares, Inc. 1999 Stock Option and Incentive Plan, the Integra Bank Corporation 2003 Stock Option and Incentive Plan INVESTORS COMMUNITY BANK 2012 EQUITY COMPENSATION PLAN AND INVESTORS COMMUNITY BANK ANNUAL INCENTIVE COMPENSATION PLAN and any other stock option or equity and/or incentive compensation plans of the Company, regardless whether such options or rights are vested, unvested, exercisable or unexercisable, (c) disgorge and repay to the Company any gross profits realized from the exercise of any of the stock options under the National City Bancshares, Inc. 1999 Stock Option and Incentive Plan, the Integra Bank Corporation 2003 Stock Option and Incentive Plan INVESTORS COMMUNITY BANK 2012 EQUITY COMPENSATION PLAN and any other stock option or equity compensation plans of the Company at any time during the two (2) year period immediately preceding such breach, and (d) disgorge and repay to the Company an amount equal to the market value of any restricted stock of the Company that vested to Executive at any time during the two (2) year period immediately preceding such breach. The Company and Executive acknowledge and agree that the foregoing remedies are in addition to, and not in lieu of, any and all other legal and/or equitable remedies that may be available to Company in connection with Executive's ’s breach or threatened breach, of any non-disclosure or restrictive covenant provision set forth in Sections 8 and 9 of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (County Bancorp, Inc.), Employment Agreement (County Bancorp, Inc.), Employment Agreement (County Bancorp, Inc.)
Forfeiture of Compensation. In the event Executive breaches any of the non-non disclosure or restrictive covenant provisions of Sections 8 or 9 of this Agreement, Executive immediately shall (a) forfeit his right to receive (and the Company shall no longer be obligated to pay) any severance compensation under this Agreement, (b) forfeit the stock options and/or any equity incentive plan or other rights granted under the National City Bancshares, Inc. 1999 Stock Option and Incentive Plan, the Integra Bank Corporation 2003 Stock Option and Incentive Plan INVESTORS COMMUNITY BANK 2012 EQUITY COMPENSATION PLAN AND INVESTORS COMMUNITY BANK ANNUAL INCENTIVE COMPENSATION PLAN and any other stock option or equity and/or incentive compensation plans of the Company, regardless whether such options or rights are vested, unvested, exercisable or unexercisable, (c) disgorge and repay to the Company any gross profits realized from the exercise of any of the stock options under the National City Bancshares, Inc. 1999 Stock Option and Incentive Plan, the Integra Bank Corporation 2003 Stock Option and Incentive Plan INVESTORS COMMUNITY BANK 2012 EQUITY COMPENSATION PLAN and any other stock option or equity compensation plans of the Company at any time during the two (2) year period immediately preceding such breach, and (d) disgorge and repay to the Company an amount equal to the market value of any restricted stock of the Company that vested to Executive at any time during the two (2) year period immediately preceding such breach. The Company and Executive acknowledge and agree that the foregoing remedies are in addition to, and not in lieu of, any and all other legal and/or equitable remedies that may be available to Company in connection with Executive's ’s breach or threatened breach, of any non-disclosure or restrictive covenant provision set forth in Sections 8 and 9 of this Agreement.
Appears in 1 contract
Forfeiture of Compensation. In the event Executive breaches any of the non-disclosure or restrictive covenant provisions of Sections 8 or 9 of this AgreementAgreement following termination of employment, Executive immediately shall (a) forfeit his right to receive (and the Company shall no longer be obligated to pay) any severance compensation under this Agreement, (b) forfeit the any stock options and/or or other rights granted under the National City Bancshares, Inc. 1999 Stock Option and Incentive Plan, the Integra Bank Corporation 2003 Stock Option and Incentive Plan and any other stock option or equity compensation plans of the Company, regardless whether such options or rights are vested, unvested, exercisable or unexercisable, (c) disgorge and repay to the Company any gross profits realized from the exercise of any of the stock options under the National City Bancshares, Inc. 1999 Stock Option and Incentive Plan, the Integra Bank Corporation 2003 Stock Option and Incentive Plan and any other stock option or equity compensation plans of the Company at any time during within the two (2) year period immediately preceding such breachtermination of any stock options granted under any stock option or equity compensation plans of the Company during the four (4) year period immediately preceding such termination, and (d) disgorge and repay to the Company an amount equal to the current market value of any restricted stock of the Company that was granted to Executive within the four (4) year period immediately preceding such termination and vested to Executive at any time during the two (2) year period immediately preceding such breachtermination and (e) repay to the Company any cash incentive or bonus payments paid to Executive within the two (2) year period immediately preceding such termination. The Company and Executive acknowledge and agree that the foregoing remedies are in addition to, and not in lieu of, any and all other legal and/or equitable remedies that may be available to Company in connection with Executive's ’s breach or threatened breach, of any non-disclosure or restrictive covenant provision set forth in Sections 8 and 9 of this Agreement.
Appears in 1 contract