Common use of Effect of Termination of Employment or Service Clause in Contracts

Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares). The Participant expressly acknowledges and agrees that the termination of his or her employment or service shall (except as may otherwise be provided in this Agreement or the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date.

Appears in 3 contracts

Samples: Restricted Stock Award Agreement (Atlantic Capital Bancshares, Inc.), Restricted Stock Award Agreement (Atlantic Capital Bancshares, Inc.), Atlantic Capital Bancshares, Inc.

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Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares). The Participant expressly acknowledges and agrees that the termination of his or her employment or service shall (except as may otherwise be provided in this Agreement or in the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Atlantic Capital Bancshares, Inc.)

Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 13 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares)vested. The Participant expressly acknowledges and agrees that the termination of his or her employment or service shall (except as may otherwise be provided in this Agreement or in the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date.. RSU Agreement (Employees – without Employment Agreement) Rev. April 2018

Appears in 1 contract

Samples: Restricted Stock (Atlantic Capital Bancshares, Inc.)

Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 13 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares)vested. The Participant expressly acknowledges and agrees that the termination of his or her employment or service shall (except as may otherwise be provided in this Agreement or in the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date.

Appears in 1 contract

Samples: Restricted Stock (Atlantic Capital Bancshares, Inc.)

Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 13 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any PSA Agreement (Employees – with Employment Agreement) part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares)earned. The Participant expressly acknowledges and agrees that the termination of his or her employment or service shall (except as may otherwise be provided in this Agreement or in the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date.

Appears in 1 contract

Samples: Award Agreement (Atlantic Capital Bancshares, Inc.)

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Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 13 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares)earned. The Participant expressly acknowledges and agrees that the termination of his or her employment or PSA Agreement (Employees – without Employment Agreement) service shall (except as may otherwise be provided in this Agreement or in the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date.

Appears in 1 contract

Samples: Award Agreement (Atlantic Capital Bancshares, Inc.)

Effect of Termination of Employment or Service. (a) Except as otherwise provided in this Section 5 or in Section 12 13 herein, if the employment or service of the Participant is terminated for any reason (whether by the Company or the Participant and whether voluntary or involuntary or with or without Cause) (such date of termination of employment or service being referred to as the “Termination Date”) and all or any part of the Award has not vested or been earned pursuant to the terms of the Plan and this Agreement, then the Award, to the extent not vested or earned as of the Participant’s Termination Date, shall be forfeited immediately upon such termination, and the Participant shall have no further rights with respect to the Award or the Shares underlying that portion of the Award that has not yet been earned and vested (that is, the Unvested Shares)earned. The Participant expressly acknowledges and agrees that the termination of his or her employment or PSA Agreement (Employees – without Employment Agreement) (Rev. October 2018) service shall (except as may otherwise be provided in this Agreement or in the Plan) result in forfeiture of the Award and the Shares to the extent that the Award has not been earned and vested as of his or her Termination Date.

Appears in 1 contract

Samples: Award Agreement (Atlantic Capital Bancshares, Inc.)

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