Common use of Forfeiture of Shares and/or Gain from Shares Clause in Contracts

Forfeiture of Shares and/or Gain from Shares. (a) Notwithstanding any other provision of this Agreement, if, at any time during the employment or service of the Holder with the Company or during the 24-month period following termination of employment or service with the Company for any reason (regardless of whether such termination was by the Company or the Holder, and whether voluntary or involuntary), the Holder engages in a Prohibited Activity (as defined herein), then (i) the Award will immediately be terminated and forfeited in its entirety, (ii) any Shares subject to the Award, regardless of whether such Shares are vested or unvested and/or deferred or undeferred, will immediately be forfeited and returned to the Company and the Holder will cease to have any rights related thereto and will cease to be recognized as the legal owner of such Shares, and (iii) any Gain (as defined herein) realized by the Holder with respect to any Shares subject to the Award will immediately be paid by the Holder to the Company.

Appears in 4 contracts

Samples: Employment Agreement (Suncom Wireless Holdings, Inc.), Restricted Stock Agreement and Notification of Restricted Stock Award (Suncom Wireless Holdings, Inc.), Restricted Stock Agreement   Confidential (Suncom Wireless Holdings, Inc.)

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Forfeiture of Shares and/or Gain from Shares. (a) Notwithstanding any other provision of this Agreement, if, at any time during the employment or service period of the Holder Holder’s service with the Company or during the 24-month period following termination of employment or the Holder’s service with the Company for any reason (regardless of whether such termination was by the Company or the Holder, and whether voluntary or involuntary), the Holder engages in a Prohibited Activity (as defined herein), then (i) the Award will immediately be terminated and forfeited in its entirety, (ii) any Shares subject to the Award, regardless of whether such Shares are vested or unvested and/or deferred or undeferred, Shares that were granted pursuant to the Award will immediately be forfeited and returned to the Company and the Holder will cease to have any rights related thereto and will cease to be recognized as the legal owner of such Shares, and (iii) any Gain (as defined herein) realized by the Holder with respect to any Shares subject to the Award will immediately be paid by the Holder to the Company.

Appears in 1 contract

Samples: Restricted Stock Agreement and Notification of Restricted Stock Award (Suncom Wireless Holdings, Inc.)

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Forfeiture of Shares and/or Gain from Shares. (a) Notwithstanding any other provision of this Agreement, if, at any time during the employment or period of his service of on the Holder with the Company Board or during the 24-month period following termination of employment or his service with on the Company Board for any reason (regardless of whether such termination was by the Company or the HolderDirector, and whether voluntary or involuntary), the Holder Director engages in a Prohibited Activity (as defined herein), then (i) the Award will immediately be terminated and forfeited in its entirety, (ii) any Shares subject to the Award, regardless of whether such Shares are vested or unvested and/or deferred or undeferred, will immediately be forfeited and returned to the Company and the Holder Director will cease to have any rights related thereto and will cease to be recognized as the legal owner of such Shares, and (iii) any Gain (as defined herein) realized by the Holder Director with respect to any Shares subject to the Award will immediately be paid by the Holder Director to the Company.

Appears in 1 contract

Samples: Director Restricted Stock Award Agreement (Suncom Wireless Holdings, Inc.)

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