Common use of Accounting Clause in Contracts

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.

Appears in 75 contracts

Samples: Change in Control Agreement (American Equity Investment Life Holding Co), Change in Control Agreement (American Equity Investment Life Holding Co), Change in Control Agreement (American Equity Investment Life Holding Co)

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Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action transaction constituting a breach of the Restrictive Covenants.

Appears in 46 contracts

Samples: Key Executive Employment Agreement (Englobal Corp), Executive Employment Agreement (Englobal Corp), Executive Employment Agreement (Englobal Corp)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.

Appears in 33 contracts

Samples: Employment Agreement (Stewart Information Services Corp), Employment Agreement (Stewart Information Services Corp), Employment and Non Competition Agreement (Vantage Drilling CO)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the a result of any action transaction or activity constituting a breach of any of the Restrictive Covenants.

Appears in 32 contracts

Samples: Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, “Benefits”) derived or received by the Executive as the result of any action transactions constituting a breach of any of the Restrictive Covenants, and Executive shall account for and pay over such Benefits to Employer.

Appears in 13 contracts

Samples: Employment Agreement (Metalico Inc), Employment Agreement (Metalico Inc), Employment Agreement (Metalico Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company and its subsidiaries, affiliates, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the that result of from any action transaction or activity constituting a breach of the Restrictive Covenantsthis Agreement.

Appears in 11 contracts

Samples: Employment Agreement (Dasan Zhone Solutions Inc), Employment Agreement (Dasan Zhone Solutions Inc), Employment Agreement (Dasan Zhone Solutions Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively "Benefits") derived or received by the Executive as the a result of any action transactions constituting a breach of any of the Restrictive Covenants, and the Executive shall account for and pay over such Benefits to the Company.

Appears in 10 contracts

Samples: Employment Agreement (Team Communication Group Inc), Employment Agreement (Youbet Com Inc), Employment Agreement (Youbet Com Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by the Executive as the result of any action transactions constituting a breach of any of the Restrictive Covenants, and Executive shall account for and pay over such Benefits to the Company.

Appears in 9 contracts

Samples: Retention Agreement (Playtex Products Inc), Memorandum of Understanding (Nebraska Book Co), Memorandum of Understanding (Nebraska Book Co)

Accounting. The Employer shall have the right and remedy to require the Executive to account for and pay over to the Company Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by the Executive as the result of any action transactions constituting a breach of any of the Restrictive Covenants, and the Executive shall account for and pay overall such Benefits to the Employer.

Appears in 8 contracts

Samples: Employment Agreement (Commonwealth Biotechnologies Inc), Employment Agreement (Commonwealth Biotechnologies Inc), Employment Agreement (Commonwealth Biotechnologies Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company and its Affiliates all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action transactions constituting a breach of any of the Restrictive Covenants.

Appears in 6 contracts

Samples: Management Employment Agreement (NetSpend Holdings, Inc.), Management Employment Agreement (NetSpend Holdings, Inc.), Management Employment Agreement (NetSpend Holdings, Inc.)

Accounting. The Employer shall have the right and remedy to require the Executive to account for and pay over to the Company Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, “Benefits”) derived or received by the Executive as the a result of any action transactions constituting a breach of any of the Restrictive Covenants, and Executive shall account for and pay overall such Benefits to the Company.

Appears in 5 contracts

Samples: Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.. VANTAGE DRILLING COMPANY EMPLOYMENT AGREEMENT

Appears in 4 contracts

Samples: Employment and Non Competition Agreement (Vantage Drilling CO), Employment and Non Competition Agreement (Vantage Drilling CO), Employment and Non Competition Agreement (Vantage Drilling CO)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the a result of any action transaction or activity constituting a material or intentional breach of any of the Restrictive Covenants.

Appears in 4 contracts

Samples: Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp)

Accounting. The right and remedy to require the Executive to account for and pay over to Holdings and the Company and Affiliates thereof all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action transactions constituting a breach of any of the Restrictive Covenants.

Appears in 3 contracts

Samples: Management Employment Agreement (NetSpend Holdings, Inc.), Management Employment Agreement (NetSpend Holdings, Inc.), Management Employment Agreement (NetSpend Holdings, Inc.)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company and its subsidiaries, affiliates, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the that result of from any action transaction or activity constituting a breach of the Restrictive Covenantsthis Release.

Appears in 3 contracts

Samples: General Release of Claims (Dasan Zhone Solutions Inc), General Release of Claims (Dasan Zhone Solutions Inc), General Release of Claims (Dasan Zhone Solutions Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company or its subsidiaries, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action transaction constituting a breach of the Restrictive Covenants.

Appears in 3 contracts

Samples: Employment Agreement (Aviation Distributors Inc), Employment Agreement (Aviation Distributors Inc), Employment Agreement (Aviation Distributors Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company Corporation all compensation, profits, monies, accruals, increments or other benefits (collectively, “Benefits”) derived or received by the Executive it as the result of any action transactions constituting a breach of any of the Restrictive Covenants, and the Executive shall account for and pay over such Benefits to the Corporation.

Appears in 2 contracts

Samples: Change in Control Agreement (Hawk Corp), Change in Control Agreement (Hawk Corp)

Accounting. The right and remedy to require the ---------- Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.

Appears in 2 contracts

Samples: Change in Control Agreement (Gardner Denver Inc), Officer Change in Control Agreement (Gardner Denver Inc)

Accounting. The right and remedy to require the Executive to account ---------- for and pay over to the Company and its subsidiaries, affiliates, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the that result of from any action transaction or activity constituting a breach of the Restrictive Covenantsthis Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Zhone Technologies Inc), Employment Agreement (Zhone Technologies Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.. Executive’s Initials:

Appears in 2 contracts

Samples: Executive Change in Control Agreement (Gardner Denver Inc), Executive Change in Control Agreement (Gardner Denver Inc)

Accounting. The Company shall have the right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, moniesmoneys, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.

Appears in 2 contracts

Samples: Employment Agreement (Aki Inc), Employment Agreement (Aki Holding Corp)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, 7 3 increments or other benefits (collectively, "Benefits") derived or received by the Executive as the result of any action transactions constituting a breach of any of the Restrictive Covenants, and Executive shall account for and pay over such Benefits to the Company.

Appears in 2 contracts

Samples: NBC Acquisition Corp, Nebraska Book Co

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.. OFFSHORE GROUP INVESTMENT LIMITED EMPLOYMENT AGREEMENT

Appears in 2 contracts

Samples: Employment and Non Competition Agreement (Vantage Drilling International), Employment and Non Competition Agreement (Vantage Drilling CO)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company or its subsidiaries, affiliates, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the a result of any action transaction or activity constituting a breach of any of the Restrictive Covenants.

Appears in 2 contracts

Samples: Employment Agreement (Universal Guardian Holdings Inc), Employment Agreement (Bucyrus International Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company Company, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.

Appears in 2 contracts

Samples: Employment Agreement (Chiles Magellan LLC), Employment Agreement (Chiles Offshore LLC)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by the Executive as the result of any action transactions constituting a breach of any of the Restrictive Covenants, and the Executive shall account for and pay over such Benefits to the Company.

Appears in 2 contracts

Samples: Employment Agreement (Health Management Inc/De), Employment Agreement (Health Management Inc/De)

Accounting. The right and remedy to require the Executive to account ---------- for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.

Appears in 1 contract

Samples: Agreement (Global Marine Inc)

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Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.; and Executive’s Initials: 11

Appears in 1 contract

Samples: Executive Change in Control Agreement (Gardner Denver Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively “Benefits”) derived or received by the Executive as the a result of any action transactions constituting a breach of any of the Restrictive Covenants, and the Executive shall account for and pay over such Benefits to the Company.

Appears in 1 contract

Samples: Solomon Employment Agreement (Youbet Com Inc)

Accounting. The right and remedy to require the Executive to ---------- account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.

Appears in 1 contract

Samples: Retirement Agreement (Heidrick & Struggles International Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive Executive’s Initials: __________ 11 as the result of any action constituting a breach of the Restrictive Covenants.

Appears in 1 contract

Samples: Executive Change in Control Agreement (Gardner Denver Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.or

Appears in 1 contract

Samples: Employment Agreement (Eagle Picher Industries Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, . monies, accruals, increments or other benefits derived or received by the Executive as the a result of any action transaction or activity constituting a breach of any of the Restrictive Covenants.

Appears in 1 contract

Samples: Employment Agreement (Rite Aid Corp)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the that result of from any action transaction or activity constituting a breach of the Restrictive Covenantsthis Agreement.

Appears in 1 contract

Samples: Employment Agreement

Accounting. The Executive acknowledges that the Company shall have the right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, moniesmoney, accruals, increments or other benefits derived or received by the Executive as the a result of any action transactions constituting a breach of the Restrictive Covenantsrestrictive covenants in this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Carnival PLC)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits ("Benefits") derived or received by the Executive as the result of any action transaction constituting a breach of the Restrictive Covenants, and the Executive hereby agrees to account for and pay over such Benefits to the Company.

Appears in 1 contract

Samples: Supplemental Agreement (Tom Online Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.. (c)

Appears in 1 contract

Samples: Employment Agreement (Stewart Information Services Corp)

Accounting. The right and remedy to require the Executive to account for and pay over present to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action transaction constituting a breach of the Restrictive Covenantscovenants in this Section 4.

Appears in 1 contract

Samples: Employment Agreement (Lattice INC)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.. 3.3

Appears in 1 contract

Samples: Employment Agreement (Ensco International Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company and its subsidiaries, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of that results from any action transaction or activity constituting a breach of the Restrictive Covenantsthis Agreement.

Appears in 1 contract

Samples: Separation Agreement (Bally Total Fitness Holding Corp)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive or any associated party deriving such benefits as the a result of any action constituting a such breach of the Restrictive Covenants.

Appears in 1 contract

Samples: Employment Agreement (Crinetics Pharmaceuticals, Inc.)

Accounting. The right and remedy to require the Executive to account for and any pay over to the Company or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the a result of any action transaction or activity constituting a breach of any of the Restrictive Covenants.

Appears in 1 contract

Samples: Employment Agreement (Rite Aid Corp)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.; and

Appears in 1 contract

Samples: Executive Change in Control Agreement (Gardner Denver Inc)

Accounting. The right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits derived or received by the Executive as the result of any action constituting a breach of the Restrictive Covenants.

Appears in 1 contract

Samples: Employment Agreement (Sachem Capital Corp.)

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