Common use of Forfeiture of Payments Clause in Contracts

Forfeiture of Payments. Executive agrees that receipt of payments pursuant to Sections 5(c), 5(d) or 5(g) is conditioned upon Executive’s compliance with (i) this Section 7 and (ii) the non-compete, non-solicitation, return of property, inventions and intellectual property, conflicts of interest, confidentiality or similar restrictive covenants and obligations under any other agreement between the Executive and the Company (the “Standalone Non-Compete Agreement”). Executive further agrees that in the event of Executive’s failure to comply with the provisions of this Section 7 or with the Standalone Non-Compete Agreement, the Company shall be entitled to discontinue further payments and benefits pursuant to Sections 5(c), 5(d) and 5(g), and Executive shall be required to pay back to the Company any payments and benefits (or value thereof) received pursuant to Sections 5(c), 5(d) and 5(g), or forfeit such payments and benefits, including, without limitation, any equity-based compensation (or proceeds thereon); provided, further, and without limiting the preceding, the Company shall have the right to offset any other amounts payable to the Executive by the Company or its affiliates for any amounts that Executive may owe the Company. The foregoing shall be in addition to any other remedies or rights the Company may have at law or at equity as a result of the Executive’s failure to comply with such provisions.

Appears in 1 contract

Samples: Employment Agreement (SPX Corp)

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Forfeiture of Payments. Executive agrees that receipt of payments pursuant to Sections 5(c2(c), 5(d2(d) or 5(g2(g) is conditioned upon Executive’s compliance with (i) this Section 7 4 and (ii) the non-compete, non-non- solicitation, return of property, inventions and intellectual property, conflicts of interest, confidentiality or similar restrictive covenants and obligations under any other agreement between the Executive and the Company (the “Standalone Non-Compete Agreement”). Executive further agrees that in the event of Executive’s failure to comply with the provisions of this Section 7 4 or with the Standalone Non-Compete Agreement, the Company shall be entitled to discontinue further payments and benefits pursuant to Sections 5(c2(c), 5(d2(d) and 5(g2(g), and Executive shall be required to pay back to the Company any payments and benefits (or value thereof) received pursuant to Sections 5(c2(c), 5(d2(d) and 5(g2(g), or forfeit such payments and benefits, including, without limitation, any equity-based compensation (or proceeds thereon); provided, further, and without limiting the preceding, the Company shall have the right to offset any other amounts payable to the Executive by the Company or its affiliates for any amounts that Executive may owe the Company. The foregoing shall be in addition to any other remedies or rights the Company may have at law or at equity as a result of the Executive’s failure to comply with such provisions.

Appears in 1 contract

Samples: Form of Severance Benefit Agreement (SPX Technologies, Inc.)

Forfeiture of Payments. The Executive agrees that receipt of payments pursuant to Sections Section 5(c), Section 5(d) or Section 5(g) is conditioned upon the Executive’s compliance with (i) this Section 7 and (ii) the non-compete, non-solicitation, return of property, inventions and intellectual property, conflicts of interest, confidentiality or similar restrictive covenants and obligations under any other agreement between the Executive and the Company (the “Standalone Non-Compete Agreement”). The Executive further agrees that in the event of the Executive’s failure to comply with the provisions of this Section 7 or with the Standalone Non-Compete Agreement, the Company shall be entitled to discontinue further payments and benefits pursuant to Sections 5(c), 5(d) and 5(g), and the Executive shall be required to pay back to the Company any payments and benefits (or value thereof) received pursuant to Sections 5(c), 5(d) and 5(g), or forfeit such payments and benefits, including, without limitation, any equity-based compensation (or proceeds thereon); provided, further, and without limiting the preceding, the Company shall have the right to offset any other amounts payable to the Executive by the Company or its affiliates for any amounts that the Executive may owe the Company. The foregoing shall be in addition to any other remedies or rights the Company may have at law or at equity as a result of the Executive’s failure to comply with such provisions.

Appears in 1 contract

Samples: Employment Agreement (SPX FLOW, Inc.)

Forfeiture of Payments. The Executive agrees that receipt of payments pursuant to Sections 5(c), 5(dSection 2(c) or 5(gSection 2(d) is conditioned upon the Executive’s compliance with (i) this Section 7 4 and (ii) the non-compete, non-solicitation, return of property, inventions and intellectual property, conflicts of interest, confidentiality or similar restrictive covenants and obligations under any other agreement between the Executive and the Company (the “Standalone Non-Compete Agreement”). The Executive further agrees that in the event of the Executive’s failure to comply with the provisions of this Section 7 4 or with the Standalone Non-Compete Agreement, the Company shall be entitled to discontinue further payments and benefits pursuant to Sections 5(c), 5(dSection 2(c) and 5(gSection 2(d), and the Executive shall be required to pay back to the Company any payments and benefits (or value thereof) received pursuant to Sections 5(c), 5(dSection 2(c) and 5(gSection 2(d), or forfeit such payments and benefits, including, without limitation, any equity-based compensation (or proceeds thereon); provided, further, and without limiting the preceding, the Company shall have the right to offset any other amounts payable to the Executive by the Company or its affiliates for any amounts that the Executive may owe the Company. The foregoing shall be in addition to any other remedies or rights the Company may have at law or at equity as a result of the the Executive’s failure to comply with such provisions.

Appears in 1 contract

Samples: Enhanced Severance Agreement (SPX Corp)

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Forfeiture of Payments. Executive agrees that receipt of payments pursuant to Sections 5(c2(c), 5(d2(d) or 5(g2(g) is conditioned upon Executive’s compliance with (i) this Section 7 4 and (ii) the non-compete, non-solicitation, return of property, inventions and intellectual property, conflicts of interest, confidentiality or similar restrictive covenants and obligations under any other agreement between the Executive and the Company (the “Standalone Non-Compete Agreement”). Executive further agrees that in the event of Executive’s failure to comply with the provisions of this Section 7 4 or with the Standalone Non-Compete Agreement, the Company shall be entitled to discontinue further payments and benefits pursuant to Sections 5(c2(c), 5(d2(d) and 5(g2(g), and Executive shall be required to pay back to the Company any payments and benefits (or value thereof) received pursuant to Sections 5(c2(c), 5(d2(d) and 5(g2(g), or forfeit such payments and benefits, including, without limitation, any equity-based compensation (or proceeds thereon); provided, further, and without limiting the preceding, the Company shall have the right to offset any other amounts payable to the Executive by the Company or its affiliates for any amounts that Executive may owe the Company. The foregoing shall be in addition to any other remedies or rights the Company may have at law or at equity as a result of the Executive’s failure to comply with such provisions.

Appears in 1 contract

Samples: Form of Severance Benefit Agreement (SPX Corp)

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