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

Rescission, Forfeiture and Other Remedies. If the Company determines that you have violated any applicable provisions of Section 3(c) above during the 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injunctive relief and damages, you agree and covenant that: (i) any unvested portion of the RSUs shall be immediately rescinded; (ii) you shall automatically forfeit any rights you may have with respect to the RSUs as of the date of such determination; (iii) if any part of the RSUs vests within the twelve-month period immediately preceding a violation of Section 3(c) above (or following the date of any such violation), upon the 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); and (iv) the foregoing remedies set forth in this Section 3(d) shall not be the Company’s exclusive remedies. The Company reserves all other rights and remedies available to it at law or in equity.

Appears in 7 contracts

Samples: Restricted Stock Units Agreement, Restricted Stock Units Agreement (Bristol Myers Squibb Co), Restricted Stock Units Agreement (Bristol Myers Squibb Co)

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Rescission, Forfeiture and Other Remedies. If the Company determines that you have violated any applicable provisions of Section 3(c) above during the Non-Competition and Non-Solicitation Covenant Restricted Period, in addition to injunctive relief and damages, you agree and covenant that: (i) any unvested portion of the RSUs shall be immediately rescinded; (ii) you shall automatically forfeit any rights you may have with respect to the RSUs as of the date of such determination; (iii) if any part of the RSUs vests within the twelve-month period immediately preceding a violation of Section 3(c) above (or following the date of any such violation), upon the 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); and (iv) the foregoing remedies set forth in this Section 3(d) shall not be the Company’s exclusive remedies. The Company reserves all other rights and remedies available to it at law or in equity.

Appears in 4 contracts

Samples: Restricted Stock Units Agreement (Bristol Myers Squibb Co), Restricted Stock Units Agreement (Bristol Myers Squibb Co), Restricted Stock Units Agreement (Bristol Myers Squibb Co)

Rescission, Forfeiture and Other Remedies. If the Company determines that you have violated any applicable provisions of Section 3(c) above during the 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 MSUs 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 vests within the twelve-month period immediately preceding a violation of Section 3(c) above (or following the date of any such violation), upon the 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 MSUs (or an equivalent number of other shares); and (iv) the foregoing remedies set forth in this Section 3(d) shall not be the Company’s exclusive remedies. The Company reserves all other rights and remedies available to it at law or in equity.

Appears in 3 contracts

Samples: Market Share Units Agreement (Bristol Myers Squibb Co), Market Share Units Agreement (Bristol Myers Squibb Co), Market Share Units Agreement (Bristol Myers Squibb Co)

Rescission, Forfeiture and Other Remedies. If the Company determines that you have violated any applicable provisions of Section 3(c3(a) above during the 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 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 vests within the twelve-month period immediately preceding a violation of Section 3(c3(a) above (or following the date of any such violation), upon the 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); and (iv) the foregoing remedies set forth in this Section 3(d3(b) shall not be the Company’s exclusive remedies. The Company reserves all other rights and remedies available to it at law or in equity.

Appears in 3 contracts

Samples: Restricted Stock Units Agreement, Restricted Stock Units Agreement (Bristol Myers Squibb Co), Restricted Stock Units Agreement (Bristol Myers Squibb Co)

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Rescission, Forfeiture and Other Remedies. If the Company determines that you have violated any applicable provisions of Section 3(c3(a) above during the 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 MSUs 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 vests within the twelve-month period immediately preceding a violation of Section 3(c3(a) above (or following the date of any such violation), upon the 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 MSUs (or an equivalent number of other shares); and (iv) the foregoing remedies set forth in this Section 3(d3(b) shall not be the Company’s exclusive remedies. The Company reserves all other rights and remedies available to it at law or in equity.

Appears in 1 contract

Samples: Market Share Units Agreement (Bristol Myers Squibb Co)

Rescission, Forfeiture and Other Remedies. If the Company determines that you have violated any applicable provisions of Section 3(c) above during the 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 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 vests within the twelve-month period immediately preceding a violation of Section 3(c) above (or following the date of any such violation), upon the 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); and (iv) the foregoing remedies set forth in this Section 3(d) shall not be the Company’s exclusive remedies. The Company reserves all other rights and remedies available to it at law or in equity.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (Bristol Myers Squibb Co)

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