Forfeiture; Vesting. (a) Except as provided in Subsections 1(c) and (d), if Employee’s employment with the Company is terminated for any reason, including, but not limited to for Cause (as defined below), death, and disability, all unvested Shares (the “Unvested Shares”) as of the date of such termination shall immediately be forfeited and shall be transferred to the Company; provided that as to Shares that would have vested at the subsequent Vesting Date (as hereinafter defined), such Shares shall vest on a prorated basis based on the number of days elapsed from the prior Vesting Date through the date of termination and rounding down to the nearest Share.
Forfeiture; Vesting. (a) If Employee’s employment or consulting relationship with the Company is terminated for any reason other than (i) by the Company without “cause” (as defined in the Employment Agreement between Employee and the Company, dated as of October 29, 2001 (the “Employment Agreement”)), or (ii) by Employee for “good reason” (as defined in the Employment Agreement), including, but not limited to, for cause, death, or disability, all unvested Shares as of the date of such termination shall immediately be forfeited and shall be transferred to the Company; provided that as to Shares that would have vested at the subsequent Vesting Date (as hereinafter defined), such Shares shall vest on a prorated basis based on the number of days elapsed from the prior Vesting Date through the date of termination and rounding down to the nearest Share, provided that the Company has met the requisite Performance Goal (as hereinafter defined).
Forfeiture; Vesting. (a) If Employee's employment or consulting relationship with the Company is terminated for any reason, including, but not limited to, for cause, death, and disability, all unvested Shares shall be forfeited and shall be transferred to the Company; provided that as to Shares that would have vested at the end of the year of termination, such Shares shall vest on a prorated basis based on the number of days elapsed in such year and rounding down to the nearest Share.
Forfeiture; Vesting. (a) If Employee’s employment or consulting relationship with the Company is terminated for any reason other than by the Company without “cause” (as defined in the Employment Agreement between Employee and the Company, dated as of October 29, 2001 (the “Employment Agreement”)), including, but not limited to, for cause, death, and disability, all unvested Shares as of the date of such termination shall immediately be forfeited and shall be transferred to the Company; provided that as to Shares that would have vested at the subsequent Vesting Date (as hereinafter defined), such Shares shall vest on a prorated basis based on the number of days elapsed from the prior Vesting Date through the date of termination and rounding down to the nearest Share. For purposes of this Section 1, “cause” shall mean:
Forfeiture; Vesting. Subject to Subsections 1(e) and 1(f) hereof, if Director's service as a member of the Company's Board of Directors (the "Board") is terminated for any reason, including, but not limited to for Cause (as defined below), all unvested Shares (the "Unvested Shares") as of the date of such termination shall immediately be forfeited and Director's rights in any Unvested Shares shall thereupon lapse and expire; provided, that a number of Unvested Shares shall vest equal to the number of Shares that would have vested on the next Vesting Date next following the date of termination of service (had Director remained in service on the Board through such date), pro-rated based on the number of days elapsed from the Vesting Date immediately preceding the date of termination of service through the date of termination (as a portion of the number of days between such Vesting Date and the Vesting Date next following the date of termination of service), rounded down to the nearest whole Share. Except as provided in Subsections 1(a), (c) and (d) hereof, the Unvested Shares issued hereunder shall become vested over a ______ year period, as specifically set forth below, subject to Director's continued service as a Director of the Company as of each such Vesting Date.
Forfeiture; Vesting. (a) If Employee’s employment or consulting relationship with the Company is terminated for any reason other than (i) by the Company without “cause” (as defined in the Second Amended and Restated Employment Agreement between Employee and the Company, dated as of October 29, 2001, as amended on March 24, 2005 (the “Employment Agreement”)), or (ii) by Employee for “good reason” (as defined in the Employment Agreement), including, but not limited to, for cause, death, or disability, all unvested Shares as of the date of such termination shall immediately be forfeited and shall be transferred to the Company; provided that as to Shares that would have vested at the subsequent Vesting Date (as hereinafter defined), such Shares shall vest on a prorated basis based on the number of days elapsed from the prior Vesting Date through the date of termination and rounding down to the nearest Share, provided that the Company has met the requisite Performance Goal (as hereinafter defined). After the third Vesting Date, any unvested Shares remaining that would have vested on January 1, 2015 pursuant to Subsection 1(e) shall vest on a prorated basis based on the number of days elapsed from the third Vesting Date through the date of termination and rounding down to the nearest Share.
Forfeiture; Vesting. (a) If Executive's employment with the Company terminates for any reason (other than as described in Section 5(b)), Executive shall forfeit to Company the percentage of the Restricted Shares that are not vested, based on the following schedule: Percentage of Restricted Shares that are Vested 60% immediately; 80% if Executive's employment continues through November 1, 2002; and 100% if Executive's employment continues through November 1, 2003;
Forfeiture; Vesting. If the Employee ceases to be an employee, consultant or advisor to the Company or a subsidiary of the Company at any time for any reason (the date this occurs being hereafter referred to as the “Termination Date”), whether because of any action of the Company or the Employee, the death or incapacity of the Employee or otherwise, all Unvested Shares (as defined below) shall automatically be forfeited to the Company. For purposes of this Agreement, “Unvested Shares” means any Shares that are not Vested Shares, and “Vested Shares” means any Shares that have vested in accordance with the following schedule: [ ] [ ] [ ] Shares shall vest in each case only to the extent that the Employee remains an employee, consultant or advisor to the Company or a subsidiary of the Company at such time.
Forfeiture; Vesting. (a) Subject to Subsection 1(c) hereof, if Employee’s employment with the Company is terminated for any reason, including, but not limited to for Cause (as defined in Employee’s Amended and Restated Employment Agreement with the Company dated as of September 3, 2013 (the “Employment Agreement”)), all unvested Shares (the “Unvested Shares”) as of the date of such termination shall immediately be forfeited and Employee’s rights in any Unvested Shares shall thereupon lapse and expire; provided, that a number of Unvested Shares shall vest equal to the number of Shares that would have vested on the next Vesting Date next following the date of termination of employment (had Employee remained employed through such date), pro-rated based on the number of days elapsed from the Vesting Date immediately preceding the date of termination of employment through the date of termination (as a portion of the number of days between such Vesting Date and the Vesting Date next following the date of termination of employment), rounded down to the nearest whole Share.
Forfeiture; Vesting. (a) Subject to Subsections 1(d), 1(e) and 1(f) hereof, and Employee’s Employment Agreement, if Employee’s employment with the Company is terminated for any reason, including, but not limited to for Cause (as defined below), all unvested Shares (the “Unvested Shares”) as of the date of such termination shall immediately be forfeited and Employee’s rights in any Unvested Shares shall thereupon lapse and expire; provided, that a number of Unvested Shares shall vest equal to the number of Shares that would have vested on the next Vesting Date following the date of termination of employment (had Employee remained employment through such date), pro-rated based on the number of days elapsed from the Vesting Date immediately preceding the date of termination of employment through the date of termination (as a portion of the number of days between such Vesting Date and the next Vesting Date following the date of termination of employment), rounded down to the nearest whole Share.
