Common use of Rescission, Forfeiture and Other Remedies Clause in Contracts

Rescission, Forfeiture and Other Remedies. If BMS determines that you have violated any applicable provisions of 3(c) above during the Covenant Restricted Period, in addition to injunctive relief and damages, you agree and covenant that: (i) any portion of the RSUs not vested or settled shall be immediately rescinded; (ii) you shall automatically forfeit any rights you may have with respect to the RSUs as of the date of such determination; (iii) if any part of the RSUs vested within the twelve-month period immediately preceding a violation of Section 3(c) above (or vested following the date of any such violation), upon BMS’s demand, you shall immediately deliver to it a certificate or certificates for shares of Common Stock that you acquired upon settlement of such RSUs (or an equivalent number of other shares), including any shares of Common Stock that may have been withheld or sold to cover withholding obligations for Tax-Related Items; and (iv) the foregoing remedies set forth in this Section 3(d) shall not be BMS’s exclusive remedies. BMS reserves all other rights and remedies available to it at law or in equity.

Rescission, Forfeiture and Other Remedies. If BMS determines that you have violated any applicable provisions of 3(c) above during the Covenant Restricted Period, in addition to injunctive relief and damages, you agree and covenant that: (i) any portion of the RSUs MSUs not vested or settled shall be immediately rescinded; (ii) you shall automatically forfeit any rights you may have with respect to the RSUs MSUs as of the date of such determination; (iii) if any part of the RSUs MSUs vested within the twelve-month period immediately preceding a violation of Section 3(c) above (or vested following the date of any such violation), upon BMS’s demand, you shall immediately deliver to it a certificate or certificates for shares of Common Stock that you acquired upon settlement of such RSUs MSUs (or an equivalent number of other shares), including any shares of Common Stock that may have been withheld or sold to cover withholding obligations for Tax-Related Items; and (iv) the foregoing remedies set forth in this Section 3(d) shall not be BMS’s exclusive remedies. BMS reserves all other rights and remedies available to it at law or in equity.

Rescission, Forfeiture and Other Remedies. If BMS determines that you have violated any applicable provisions of 3(cSection 10(c) above during the Covenant Restricted Period, in addition to injunctive relief and damages, you agree and covenant that: (i) any portion of the RSUs Performance Share Units not vested or settled shall be immediately rescinded; (ii) you shall automatically forfeit any rights you may have with respect to the RSUs Performance Share Units as of the date of such determination; (iii) if any part of the RSUs Performance Share Units vested within the twelve-month period immediately preceding a violation of Section 3(c10(c) above (or vested following the date of any such violation), upon BMS’s demand, you shall immediately deliver to it a certificate or certificates for shares of Common Stock that you acquired upon settlement of such RSUs Performance Share Units (or an equivalent number of other shares), including any shares of Common Stock that may have been withheld or sold to cover withholding obligations for Tax-Related Items; and (iv) the foregoing remedies set forth in this Section 3(d10(c) shall not be BMS’s exclusive remedies. BMS reserves all other rights and remedies available to it at law or in equity.

Rescission, Forfeiture and Other Remedies. If BMS determines that you have violated any applicable provisions of Section 3(c) above during the Covenant Restricted Period, in addition to injunctive relief and damages, you agree and covenant that: (i) any portion of the RSUs not vested or settled shall be immediately rescinded; (ii) you shall automatically forfeit any rights you may have with respect to the any vested, unsettled RSUs as of the date of such determination; (iii) if any part portion of the RSUs vested within the twelve12-month period immediately preceding a violation of Section 3(c) above (or vested following the date of any such violation), upon BMS’s demand, you shall immediately deliver to it a certificate or certificates for shares of Common Stock that you acquired upon settlement of such RSUs (or an equivalent number of other shares), including any shares of Common Stock that may have been withheld or sold to cover withholding obligations for Tax-Related Items, and such shares shall be deemed to be reacquired by the Company; and (iv) the foregoing remedies set forth in this Section 3(d) shall not be BMS’s exclusive remedies. BMS reserves all other rights and remedies available to it at law or in equity.

Rescission, Forfeiture and Other Remedies. If BMS the Company determines that you have violated any applicable provisions of Section 3(c) above during the Covenant Restricted Non-Competition and Non-Solicitation Period, in addition to injunctive relief and damages, you agree and covenant that: (i) any unvested portion of the RSUs not and all shares issued in settlement of any previously vested or settled RSUs that remain subject to the Post-Vest Holding Period, in each case, shall be immediately rescinded; (ii) you shall automatically forfeit any rights you may have with respect to the RSUs or any shares issued in settlement of any previously vested RSUs that remain subject to the Post-Vest Holding Period, in each case, as of the date of such determination; (iii) [if the Post-Vest Holding period shall lapse with respect to shares issued in settlement of any part of the previously vested RSUs vested within the twelve-month period immediately preceding a violation of Section 3(c) above (or vested following the date of any such violation), upon BMSthe Company’s demand, you shall immediately deliver to it a certificate or certificates for shares of the Company’s Common Stock that you acquired upon settlement of such RSUs (or an equivalent number of other shares), including any shares of Common Stock that may have been withheld or sold to cover withholding obligations for Tax-Related Items; ;] and (iv) the foregoing remedies set forth in this Section 3(d) shall not be BMSthe Company’s exclusive remedies. BMS The Company reserves all other rights and remedies available to it at law or in equity.

Rescission, Forfeiture and Other Remedies. If BMS the Company determines that you have violated any applicable provisions of Section 3(c) above during the Covenant Restricted Non-Competition and Non-Solicitation Period, in addition to injunctive relief and damages, you agree and covenant that: (i) any unvested portion of the RSUs not and all shares issued in settlement of any previously vested or settled RSUs that remain subject to the Post-Vest Holding Period, in each case, shall be immediately rescinded; (ii) you shall automatically forfeit any rights you may have with respect to the RSUs or any shares issued in settlement of any previously vested RSUs that remain subject to the Post-Vest Holding Period, in each case, as of the date of such determination; (iii) [if the Post-Vest Holding period shall lapse with respect to shares issued in settlement of any part of the previously vested RSUs vested within the twelve-month period immediately preceding a violation of Section 3(c) above (or vested following the date of any such violation), upon BMSthe Company’s demand, you shall immediately deliver to it a certificate or certificates for shares of Common Stock that you acquired upon settlement of such RSUs (or an equivalent number of other shares), including any shares of Common Stock that may have been withheld or sold to cover withholding obligations for Tax-Related Items; ;] and (iv) the foregoing remedies set forth in this Section 3(d) shall not be BMSthe Company’s exclusive remedies. BMS The Company reserves all other rights and remedies available to it at law or in equity.

Rescission, Forfeiture and Other Remedies. If BMS determines that you have violated any applicable provisions of Section 3(c) above during the Covenant Restricted Period, in addition to injunctive relief and damages, you agree and covenant that: (i) any portion of the RSUs MSUs not vested or settled shall be immediately rescinded; (ii) you shall automatically forfeit any rights you may have with respect to the RSUs any vested, unsettled MSUs as of the date of such determination; (iii) if any part portion of the RSUs MSUs vested within the twelve12-month period immediately preceding a violation of Section 3(c) above (or vested following the date of any such violation), upon BMS’s demand, you shall immediately deliver to it a certificate or certificates for shares of Common Stock that you acquired upon settlement of such RSUs MSUs (or an equivalent number of other shares), including any shares of Common Stock that may have been withheld or sold to cover withholding obligations for Tax-Related Items, and such shares shall be deemed to be reacquired by the Company; and (iv) the foregoing remedies set forth in this Section 3(d) shall not be BMS’s exclusive remedies. BMS reserves all other rights and remedies available to it at law or in equity.

Rescission, Forfeiture and Other Remedies. If BMS determines that you have violated any applicable provisions of 3(cSection 10(c) above during the Covenant Restricted Period, in addition to injunctive relief and damages, you agree and covenant that: (i) any portion of the RSUs Performance Share Units not vested or settled shall be immediately rescinded; (ii) you shall automatically forfeit any rights you may have with respect to the RSUs Performance Share Units as of the date of such determination; (iii) if any part of the RSUs Performance Share Units vested within the twelve-month period immediately preceding a violation of Section 3(c10(c) above (or vested following the date of any such violation), upon BMS’s demand, you shall immediately deliver to it a certificate or certificates for shares of Common Stock Shares that you acquired upon settlement of such RSUs Performance Share Units (or an equivalent number of other shares), including any shares of Common Stock Shares that may have been withheld or sold to cover withholding obligations for Tax-Related Items; and (iv) the foregoing remedies set forth in this Section 3(d10(c) shall not be BMS’s exclusive remedies. BMS reserves all other rights and remedies available to it at law or in equity.

Rescission, Forfeiture and Other Remedies. If BMS determines that you have violated any applicable provisions of Section 3(c) above during the Covenant Restricted Period, in addition to injunctive relief and damages, you agree and covenant that: (i) any portion of the RSUs PSUs not vested or settled shall be immediately rescinded; (ii) you shall automatically forfeit any rights you may have with respect to the RSUs any vested, unsettled PSUs as of the date of such determination; (iii) if any part portion of the RSUs PSUs vested within the twelve12-month period immediately preceding a violation of Section 3(c) above (or vested following the date of any such violation), upon BMS’s demand, you shall immediately deliver to it a certificate or certificates for shares of Common Stock that you acquired upon settlement of such RSUs PSUs (or an equivalent number of other shares), including any shares of Common Stock that may have been withheld or sold to cover withholding obligations for Tax-Related Items, and such shares shall be deemed to be reacquired by the Company; and (iv) the foregoing remedies set forth in this Section 3(d) shall not be BMS’s exclusive remedies. BMS reserves all other rights and remedies available to it at law or in equity.