Common use of Forfeiture of Awarded Units Clause in Contracts

Forfeiture of Awarded Units. Unvested Units shall be forfeited on the earlier of (i) the Vesting Date, to the extent the performance conditions set forth in Exhibit A have not been satisfied and the Awarded Units have not vested in accordance with Section 3, and (ii) subject to Section 3, upon the Participant’s Termination of Service for any reason other than the Participant’s death or Total and Permanent Disability. Upon forfeiture, all of the Participant’s rights with respect to the forfeited Awarded Units shall cease and terminate, without any further obligations on the part of the Company. Notwithstanding anything to the contrary provided herein, if the Participant incurs a Termination of Service due to his or her death or his or her Total and Permanent Disability, the Unvested Units shall not be forfeited upon such Termination of Service, and the Participant shall be treated as if he or she is continuing to provide services for purposes of applying the vesting provisions set forth in Section 3 above and on Exhibit A.

Appears in 2 contracts

Samples: Share Unit Award Agreement (Exco Resources Inc), Share Unit Award Agreement (Exco Resources Inc)

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Forfeiture of Awarded Units. Unvested Units shall be forfeited on the earlier of (i) the applicable Vesting Date, to the extent the performance conditions set forth in Exhibit A have not been satisfied and the Awarded Units have not vested in accordance with Section 3, and (ii) subject to Section 3, upon the Participant’s Termination of Service for any reason other than the Participant’s death or Total and Permanent Disability. Upon forfeiture, all of the Participant’s rights with respect to the forfeited Awarded Units shall cease and terminate, without any further obligations on the part of the Company. Notwithstanding anything to the contrary provided herein, if the Participant incurs a Termination of Service due to his or her death or his or her Total and Permanent Disability, the Unvested Units shall not be forfeited upon such Termination of Service, and the Participant shall be treated as if he or she is continuing to provide services for purposes of applying the vesting provisions set forth in Section 3 above and on Exhibit A.

Appears in 1 contract

Samples: Share Unit Award Agreement (Exco Resources Inc)

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Forfeiture of Awarded Units. Unvested Units shall be forfeited on the earlier of (i) the Vesting Date, to the extent the performance conditions set forth in Exhibit A have not been satisfied and the Awarded Units have not vested in accordance with Section 3, and (ii) subject to Section 3, upon the Participant’s Termination of Service for any reason other than the Participant’s death or Total and Permanent Disability. Upon forfeiture, all of the Participant’s rights with respect to the forfeited Awarded Performance Shares and Awarded Units shall cease and terminate, without any further obligations on the part of the Company. Notwithstanding anything to the contrary provided herein, if the Participant incurs a Termination of Service due to his or her death or his or her Total and Permanent Disability, the Unvested Units shall not be forfeited upon such Termination of Service, and the Participant shall be treated as if he or she is continuing to provide services for purposes of applying the vesting provisions set forth in Section 3 above and on Exhibit A.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Exco Resources Inc)

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