Common use of Unfair benefits Clause in Contracts

Unfair benefits. (a) Where, in the opinion of the Board, an Option of a Participant has vested, or may vest, as a result of the fraud, dishonesty, breach of obligations or knowing material misstatement of financial statements: (i) by the Participant; or (ii) by an employee of the Group other than the Participant, and, in the opinion of the Board, the Option would not have vested but for that act and/or the Participant would have received a lesser benefit from the exercise of the Option but for that act, the Board may determine that the Option has not vested (or will not vest) and may, subject to applicable laws, determine any treatment in relation to the Option (including resetting Performance Hurdles and/or Vesting Conditions and/or new Options be granted) and/or any benefit obtained by the Participant from the exercise of the Option (including deeming Plan Shares to be forfeited, Bought-Back and/or demanding that the Participant repays to the Company any such benefit) to ensure that no unfair benefit is obtained by the Participant. (b) If the Board notifies a Participant of its decision to exercise its rights under clause 11.4(a): (i) the Participant must comply with any such decision by the Board; and (ii) the Participant agrees to do or cause to be done all things necessary or reasonably desirable to give full effect to this clause 11.4 and the transactions contemplated by it (including, but not limited to, the execution of documents, the forfeiture of Plan Shares and payment of monies to the Company).

Unfair benefits. ‌ (a) Where, in the opinion of the Board, an Option of a Participant has vested, or may vest, as a result of the fraud, dishonesty, breach of obligations or knowing material misstatement of financial statements:statements:‌ (i) by the Participant; or (ii) by an employee of the Group other than the Participant, and, in the opinion of the Board, the Option would not have vested but for that act and/or the Participant would have received a lesser benefit from the exercise of the Option but for that act, the Board may determine that the Option has not vested (or will not vest) and may, subject to applicable laws, determine any treatment in relation to the Option (including resetting Performance Hurdles and/or Vesting Conditions and/or new Options be granted) and/or any benefit obtained by the Participant from the exercise of the Option (including deeming Plan Shares to be forfeited, Bought-Back and/or demanding that the Participant repays to the Company any such benefit) to ensure that no unfair benefit is obtained by the Participant. (b) If the Board notifies a Participant of its decision to exercise its rights under clause 11.4(a10.4(a): (i) the Participant must comply with any such decision by the Board; and (ii) the Participant agrees to do or cause to be done all things necessary or reasonably desirable to give full effect to this clause 11.4 10.4 and the transactions contemplated by it (including, but not limited to, the execution of documents, the forfeiture of Plan Shares and payment of monies to the Company).

Unfair benefits. (a) Where, in the opinion of the Board, an Option of a Participant has vested, or may vest, as a result of the fraud, dishonesty, breach of obligations or knowing material misstatement of financial statements: (i) by the Participant; or (ii) by an employee of the Group other than the Participant, and, in the opinion of the Board, the Option would not have vested but for that act and/or the Participant would have received a lesser benefit from the exercise of the Option but for that act, the Board may determine that the Option has not vested (or will not vest) and may, subject to applicable laws, determine any treatment in relation to the Option (including resetting Performance Hurdles and/or Vesting Conditions and/or new Options be granted) and/or any benefit obtained by the Participant from the exercise of the Option (including deeming Plan Shares to be forfeited, Bought-Bought- Back and/or demanding that the Participant repays to the Company any such benefit) to ensure that no unfair benefit is obtained by the Participant. (b) If the Board notifies a Participant of its decision to exercise its rights under clause 11.4(a): (i) the Participant must comply with any such decision by the Board; and (ii) the Participant agrees to do or cause to be done all things necessary or reasonably desirable to give full effect to this clause 11.4 and the transactions contemplated by it (including, but not limited to, the execution of documents, the forfeiture of Plan Shares and payment of monies to the Company).

Unfair benefits. (a) Where, in the opinion of the Board, an Option of a Participant has vested, or may vest, as a result of the fraud, dishonesty, breach of obligations or knowing material misstatement of financial statements: (i) by the Participant; or (ii) by an employee of the Group other than the Participant, and, in the opinion of the Board, the Option would not have vested but for that act and/or the Participant would have received a lesser benefit from the exercise of the Option but for that act, the Board may determine that the Option has not vested (or will not vest) and may, subject to applicable laws, determine any treatment in relation to the Option (including resetting Performance Hurdles and/or Vesting Conditions and/or new Options be granted) and/or any benefit obtained by the Participant from the exercise of the Option (including deeming Plan Shares to be forfeited, Bought-Bought- Back and/or demanding that the Participant repays to the Company any such benefit) to ensure that no unfair benefit is obtained by the Participant. (b) If the Board notifies a Participant of its decision to exercise its rights under clause 11.4(a10.4(a): (i) the Participant must comply with any such decision by the Board; and (ii) the Participant agrees to do or cause to be done all things necessary or reasonably desirable to give full effect to this clause 11.4 10.4 and the transactions contemplated by it (including, but not limited to, the execution of documents, the forfeiture of Plan Shares and payment of monies to the Company).

Unfair benefits. (a) Where, in the opinion of the Board, an Option of a Participant has vested, or may vest, as a result of the fraud, dishonesty, breach of obligations or knowing material misstatement of financial statements: (i) by the Participant; or (ii) by an employee of the Group other than the Participant, and, in the opinion of the Board, the Option would not have vested but for that act and/or the Participant would have received a lesser benefit from the exercise of the Option but for that act, the Board may determine that the Option has not vested (or will not vest) and may, subject to applicable laws, determine any treatment in relation to the Option (including resetting Performance Hurdles and/or Vesting Conditions and/or new Options be granted) and/or any benefit obtained by the Participant from the exercise of the Option (including deeming Plan Shares to be forfeited, Bought-Back and/or demanding that the Participant repays to the Company any such benefit) to ensure that no unfair benefit is obtained by the Participant. (b) If the Board notifies a Participant of its decision to exercise its rights under clause 11.4(a12.4(a): (i) the Participant must comply with any such decision by the Board; and (ii) the Participant agrees to do or cause to be done all things necessary or reasonably desirable to give full effect to this clause 11.4 12.4 and the transactions contemplated by it (including, but not limited to, the execution of documents, the forfeiture of Plan Shares and payment of monies to the Company).