Common use of Vesting; Forfeiture Clause in Contracts

Vesting; Forfeiture. Subject to the terms and conditions of this Agreement and provided that the Participant continues to provide services until the Vesting Date (as defined below): (a) This award shall vest as to 33% of the original number of RSUs on the first anniversary of the Grant Date and as to an additional 8.375% of the original number of RSUs at the end of each successive full three-month period thereafter; provided, however, that if any of the foregoing dates is not a business day, then vesting shall occur on the next succeeding business day. The date on which RSUs vest may be referred to herein as the “Vesting Date.” (b) Except as otherwise provided in this Xxxxxxx 0, XXXx shall not continue to vest unless the Participant is, and has been at all times since the Grant Date, an employee, officer or director of, or consultant or advisor to, the Company. (c) In the event that the Participant’s employment with the Company ceases or is terminated for any reason, including by reason of death or disability, other than “Cause” (as defined below), then the number of RSUs which shall be vested shall be the number that are vested as of the date of actual termination. For purposes of this Section 2, “Cause” shall mean unsatisfactory job performance (as determined by the Company), willful misconduct, fraud, gross negligence, disobedience or dishonesty. In the event that the Participant’s employment with the Company is terminated for Cause, all unvested RSUs shall be forfeited effective as of the date of termination.

Vesting; Forfeiture. Subject to the terms and conditions of this Agreement and provided that the Participant continues to provide services until the Vesting Date (as defined below): (a) This award shall vest as to 33% one-third of the original number of RSUs annually on the first anniversary of second business day following the Grant Date and as to an additional 8.375% of date on which the original number of RSUs at Company releases its earnings results for the end of each successive full three-month period thereafter; provided, however, preceding fiscal year in the event that if any of the foregoing dates is not a business day, then vesting shall occur on Company achieved the next succeeding business day. following revenue metrics for the applicable fiscal year: 2007 $[**] 2008 $[**] 2009 $[**] The date on which RSUs vest may be referred to herein as the “"Vesting Date.”" If the Company does not meet the applicable revenue metric during a fiscal year, the 33% of RSUs eligible for vesting in connection therewith shall be forfeited. (b) Except as otherwise provided in this Xxxxxxx 0, XXXx shall not continue to vest unless the Participant is, and has been at all times since the Grant Date, an employee, officer or director of, or consultant or advisor to, the Company. (c) In the event that the Participant’s 's employment with the Company ceases or is terminated for any reason, including by reason of death or disability, other than “"Cause” " (as defined below), then the number of RSUs which shall be vested shall be the number that are vested as of the date of actual termination. For purposes of this Section 2, “"Cause” " shall mean unsatisfactory job performance (as determined by the Company), willful misconduct, fraud, gross negligence, disobedience or dishonesty. In the event that the Participant’s 's employment with the Company is terminated for Cause, all unvested RSUs shall be forfeited effective as of the date of termination.

Vesting; Forfeiture. Subject to the terms and conditions of this Agreement and provided that the Participant continues to provide services until the Vesting Date (as defined below): (a) This award shall vest as to 33% of the original number of RSUs on the first anniversary of the Grant Date and as to an additional 8.375% of the original number of RSUs at the end of each successive full three-month period thereafter; provided, however, that if any of the foregoing dates is not a business day, then vesting shall occur on the next succeeding business day. The <vesting_schedule> Each date on which RSUs vest may be referred to herein as the “Vesting Date.” (b) Except as otherwise provided in this Xxxxxxx 0, XXXx shall not continue to vest unless the Participant is, and has been at all times since the Grant Date, an employee, officer or director of, or consultant or advisor to, the Company. (c) In Except as reflected in Section 6 below, in the event that the Participant’s employment with the Company ceases or is terminated for any reason, including by reason of death or disability, other than “Cause” (as defined below), other than by reason of death or disability, then the number of RSUs which shall be vested shall be the number that are vested as of the date of actual termination. For purposes of this Section 2Agreement, “Cause” shall mean unsatisfactory job performance (as determined i) any act or omission by the Participant that has a significant adverse effect on the Company’s business or on the Participant’s ability to perform services for the Company, including, without limitation, the commission of any crime (other than ordinary traffic violations), willful or (ii) refusal or failure to perform assigned duties, serious misconduct, fraudor excessive absenteeism, gross negligence, disobedience or dishonesty(iii) refusal or failure to comply with the Company’s Code of Business Ethics. In the event that the Participant’s employment with the Company is terminated for Cause, all unvested RSUs shall be forfeited effective as of the date of termination. In the event that the Participant’s employment with the Company ceases due to death or disability (as defined under Section 409A of the U.S. Internal Revenue Code of 1986, as amended (the “Code”)), then all unvested RSUs shall vest as of the date of death or disability.

Vesting; Forfeiture. Subject to the terms and conditions of this Agreement and provided that the Participant continues to provide services until the Vesting Date (as defined below): (a) This award shall vest as to 33% one-third of the original number of RSUs on each of the following dates: the first anniversary of business day after January 1, 2007, the Grant Date first business day after January 1, 2008 and as to an additional 8.375% of the original number of RSUs at the end of each successive full three-month period thereafter; providedfirst business day after January 1, however, that if any of the foregoing dates is not a business day, then vesting shall occur on the next succeeding business day2009. The date on which RSUs vest may be referred to herein as the “Vesting Date.” (b) Except as otherwise provided in this Xxxxxxx Sxxxxxx 0, XXXx shall not continue to vest unless the Participant is, and has been at all times since the Grant Date, an employee, officer or director of, or consultant or advisor to, the Company. (c) In the event that the Participant’s employment with the Company ceases or is terminated for any reason, including by reason of death or disability, other than “Cause” (as defined below), then the number of RSUs which shall be vested shall be the number that are vested as of the date of actual termination. For purposes of this Section 2, “Cause” shall mean unsatisfactory job performance (as determined by the Company), willful misconduct, fraud, gross negligence, disobedience or dishonesty. In the event that the Participant’s employment with the Company is terminated for Cause, all unvested RSUs shall be forfeited effective as of the date of termination.

Vesting; Forfeiture. Subject to the terms and conditions of this Agreement and provided that the Participant continues to provide services until the Vesting Date (as defined below): (a) This award shall vest as to 33% one-third of the original number of RSUs on each of the first anniversary first, second and third anniversaries of the Grant Date and as to an additional 8.375% of the original number of RSUs at the end of each successive full three-month period thereafter; provided, however, that if any of the foregoing dates is not a business day, then vesting shall occur on the next succeeding business dayDate. The date on which RSUs vest may be referred to herein as the “Vesting Date.” (b) Except as otherwise provided in this Xxxxxxx 0, XXXx shall not continue to vest unless the Participant is, and has been at all times since the Grant Date, an employee, officer or director of, or consultant or advisor to, the Company. (c) In the event that the Participant’s employment with the Company ceases or is terminated for any reason, including by reason of death or disability, other than “Cause” (as defined below), then the number of RSUs which shall be vested shall be the number that are vested as of the date of actual termination. For purposes of this Section 2, “Cause” shall mean unsatisfactory job performance (as determined by the Company), willful misconduct, fraud, gross negligence, disobedience or dishonesty. In the event that the Participant’s employment with the Company is terminated for Cause, all unvested RSUs shall be forfeited effective as of the date of termination.

Vesting; Forfeiture. Subject to the terms and conditions of this Agreement and provided that the Participant continues to provide services until the Vesting Date (as defined below): (a) This award shall vest as to 3334% of the original number of RSUs on the first anniversary March 3, 2007. The remaining 66% will vest in equal installments of the Grant Date and as to an additional 8.3758.25% of the original number of RSUs at the end of each successive full three-month period thereafter; provided, however, that if any following the first anniversary of the foregoing dates is not a business day, then vesting shall occur on grant date until the next succeeding business daythird anniversary of the grant date. The Each date on which RSUs vest may be referred to herein as the “Vesting Date.” (b) Except as otherwise provided in this Xxxxxxx Sxxxxxx 0, XXXx shall not continue to vest unless the Participant is, and has been at all times since the Grant Date, an employee, officer or director of, or consultant or advisor to, the Company. (c) In the event that the Participant’s employment with the Company ceases or is terminated for any reason, including by reason of death or disability, other than “Cause” (as defined below), then the number of RSUs which shall be vested shall be the number that are vested as of the date of actual termination. For purposes of this Section 2, “Cause” shall mean unsatisfactory job performance (as determined by the Company), willful misconduct, fraud, gross negligence, disobedience or dishonesty. In the event that the Participant’s employment with the Company is terminated for Cause, all unvested RSUs shall be forfeited effective as of the date of termination.

Vesting; Forfeiture. Subject to the terms and conditions of this Agreement and provided that the Participant continues to provide services until the Vesting Date (as defined below): (a) This award shall vest as to 33% of the original number of RSUs on the first anniversary of the Grant Date and as to an additional 8.375% of the original number of RSUs at the end of each successive full three-month period thereafter; provided, however, that if any of the foregoing dates is not a business day, then vesting shall occur on the next succeeding business day. The date on which RSUs vest may be referred to herein as the “Vesting Date.” (b) Except as otherwise provided in this Xxxxxxx 0, XXXx shall not continue to vest unless the Participant is, and has been at all times since the Grant Date, an employee, officer or director of, or consultant or advisor to, the Company. (c) In Except as reflected in Section 6 below, in the event that the Participant’s employment with the Company ceases or is terminated for any reason, including by reason of death or disability, other than “Cause” (as defined below), other than by reason of death or disability, then the number of RSUs which shall be vested shall be the number that are vested as of the date of actual termination. For purposes of this Section 2, “Cause” shall mean unsatisfactory job performance (as determined by the Company), willful misconduct, fraud, gross negligence, disobedience or dishonesty. In the event that the Participant’s employment with the Company is terminated for Cause, all unvested RSUs shall be forfeited effective as of the date of termination. In the event that the Participant’s employment with the Company ceases due to death or disability (as defined under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”)), then all unvested RSUs shall vest as of the date of death or disability.