Common use of Forfeiture Upon Certain Termination Events Clause in Contracts

Forfeiture Upon Certain Termination Events. (i) Notwithstanding Section 3(a), if the employment of the Management Stockholder was terminated (A) by the Management Stockholder for Good Reason or (B) by the Company without Cause (provided that the termination was not for Performance Reasons), then only those shares of Restricted Stock that would not be Non-Forfeitable Shares pursuant to Section 3(a) on the first anniversary of the effective date of the Termination Event (as if such Termination Event occurred on such first anniversary) will be Forfeited. However, if the Termination Event was for Performance Reasons, the Management Stockholder shall Forfeit those shares of Restricted Stock that are not Non-Forfeitable Shares on the effective date of the Termination Event.

Forfeiture Upon Certain Termination Events. (i) Notwithstanding Section 3(a2(a), if the employment of the Management Stockholder was terminated (A) by the Management Stockholder for Good Reason or (B) by the Company without Cause (provided that the termination was not for Performance Reasons)) or (C) due to the Management Stockholder’s death or disability, then only those shares of Restricted Stock that would not be Termination Non-Forfeitable Shares pursuant to Section 3(a2(a) on the first anniversary of the effective date of the RESTRICTED STOCK AGREEMENT Termination Event (as if such Termination Event occurred on such first anniversary) will be Forfeited. However, if the Termination Event was for Performance Reasons, the Management Stockholder shall Forfeit those shares of Restricted Stock that are not Termination Non-Forfeitable Shares on the effective date of the Termination Event.