Common use of Termination / Cancellation / Rescission Clause in Contracts

Termination / Cancellation / Rescission. The Company may terminate, cancel, rescind or recover the Award immediately under certain circumstances, including, but not limited to, the Participant’s: (a) actions constituting Cause, as defined in the Plan, or the Company’s By-laws or Articles of Incorporation, as applicable; (b) rendering of services for a competitor prior to, or within six (6) months after, the exercise of any Award or the termination of Participant's Service with the Company; (c) unauthorized disclosure of any confidential/proprietary information of the Company to any third party. In the event of any such termination, cancellation, rescission or revocation, the Participant must return any Stock obtained by the Participant pursuant to the Award, or pay to the Company the amount of any gain realized on the sale of such Stock, and the Company shall be entitled to set-off against the amount of any such gain any amount owed to the Participant by the Company. To the extent applicable, the purchase price for such Stock shall be returned to the Participant, including any withholding requirements.

Appears in 4 contracts

Samples: Restricted Stock Units Award Agreement (Cabot Microelectronics Corp), Restricted Stock Units Award Agreement (Cabot Microelectronics Corp), Restricted Stock Award Agreement (Cabot Microelectronics Corp)

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Termination / Cancellation / Rescission. The Company may terminate, cancel, rescind or recover the an Award immediately under certain circumstances, including, but not limited to, the Participant’s: (a) actions constituting Cause, as defined in the Plan, or the Company’s By-laws or Articles of Incorporation, as applicable; (b) rendering of services for a competitor prior to, or within six (6) months after, the exercise of any Award Option or the termination of Participant's ’s Service with the Company; (c) unauthorized disclosure of any confidential/proprietary information of the Company to any third party. ; In the event of any such termination, cancellation, rescission or revocation, the Participant must return any Stock obtained by the Participant pursuant to the Award, or pay to the Company the amount of any gain realized on the sale of such Stock, and the Company shall be entitled to set-off against the amount of any such gain any amount owed to the Participant by the Company. To the extent applicable, the purchase price for such Stock shall be returned to the Participant, including any withholding requirements.

Appears in 3 contracts

Samples: Non Qualified Stock Option Grant Agreement (Cabot Microelectronics Corp), Non Qualified Stock Option Grant Agreement (Cabot Microelectronics Corp), Non Qualified Stock Option Grant Agreement (Cabot Microelectronics Corp)

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Termination / Cancellation / Rescission. The Company may terminate, cancel, rescind or recover the an Award immediately under certain circumstances, including, but not limited to, the Participant’s's: (a) actions constituting Cause, as defined in the Plan, or the Company’s 's By-laws or Articles of Incorporation, as applicable; (b) rendering of services for a competitor prior to, or within six (6) months after, the exercise of any Award or the termination of Participant's Service with the CompanyOption; (c) unauthorized disclosure of any confidential/proprietary information of the Company to any third party. ; In the event of any such termination, cancellation, rescission or revocation, the Participant must return any Stock obtained by the Participant pursuant to the Award, or pay to the Company the amount of any gain realized on the sale of such Stock, and the Company shall be entitled to set-off against the amount of any such gain any amount owed to the Participant by the Company. To the extent applicable, the purchase price for such Stock shall be returned to the Participant, including any withholding requirements.

Appears in 1 contract

Samples: Non Qualified Stock Option Grant Agreement (Cabot Microelectronics Corp)

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