Common use of Forfeiture; Vesting Clause in Contracts

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 '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 Amended and Restated Employment Agreement between Employee and the Company, dated as of October 29August 14, 2001 2000 (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 '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).