Forfeiture; Early Vesting. If you cease to be employed by the Company or an Affiliate prior to the vesting or forfeiture of the PSUs pursuant to Section 3 hereof, your rights to all of the PSUs shall be immediately and irrevocably forfeited, including the right to receive cash payments and other distributions pursuant to Sections 7(b) and (c) hereof. Notwithstanding the foregoing, the PSUs shall vest subject to the terms and conditions of this Agreement, including the clawback and forfeiture provisions under Section 6 and Section 10 below:
Forfeiture; Early Vesting. Notwithstanding the provisions of Section 3 of this Agreement, in the event your employment is terminated during the Performance Period, the Performance Award and your right to receive any Shares shall be immediately and irrevocably forfeited, unless such termination is by reason of your:
Forfeiture; Early Vesting. If Participant ceases to be an employee of or provide service to the Company or any Subsidiary prior to vesting of the Shares pursuant to Sections 2 or 4 hereof, all of Participant’s rights to all of the unvested Shares shall be immediately and irrevocably forfeited, except that if Participant ceases to be an employee or provide service by reason of death, Disability or Retirement prior to the vesting of Shares under Sections 2 or 4 hereof, then such vesting shall accelerate in accordance with Section 9.1 of the Plan. Upon forfeiture, Participant will no longer have any rights relating to the unvested Shares, including, without limitation, the right to vote the Shares and the right to receive dividends, if any, declared on the Shares.
Forfeiture; Early Vesting. If Participant ceases to be an employee of the Company or any Subsidiary (as defined in the Plan) prior to vesting of the Shares pursuant to Section 2 or Section 4 hereof, all of Participant's rights to all of the unvested Shares shall be immediately and irrevocably forfeited, except that (i) if Participant ceases to be an employee by reason of death prior to the vesting of Shares under Section 2 hereof, or (ii) if Participant ceases to be an employee by reason of Disability (as defined in the Plan) prior to the vesting of Shares under Section 2 hereof, or (iii) if Participant ceases to be an employee by reason of Retirement (as defined in the Plan) prior to the vesting of Shares under Section 2 hereof, all Shares granted hereunder shall vest as of such termination of employment. Further, in the event of a Change in Control (as defined in the Plan) of the Company, any Shares that are not vested shall become fully vested immediately prior to the Change in Control. Upon forfeiture, Participant will no longer have any rights relating to the unvested Shares, including the right to vote the Shares and the right to receive dividends declared on the Shares.
Forfeiture; Early Vesting. If Employee ceases to be an employee of the Corporation or any affiliate prior to vesting of the Shares pursuant to Section 3 or Section 7 hereof, all of Employee’s rights to all of the unvested Shares shall be immediately and irrevocably forfeited, except that (i) if Employee ceases to be an employee by reason of permanent and total disability prior to the vesting of Shares under Section 3 or Section 7 hereof, (ii) if Employee ceases to be an employee by reason of death prior to the vesting of Shares under Section 3 or Section 7 hereof, or (iii) if Employee ceases to be an employee by reason of termination without cause prior to the vesting of Shares under Section 3 or Section 7 hereof, all Shares granted hereunder shall vest as of such termination of employment. Upon forfeiture, Employee will no longer have any rights relating to the unvested Shares, including the right to vote the Shares and the right to receive dividends declared on the Shares.
Forfeiture; Early Vesting. If Participant ceases to perform services for the Company or any Affiliate for any reason other than the Participant's death, whether or not terminated for Cause (as defined below), prior to vesting of the Units pursuant to Section 2 or Section 4 hereof, all of Participant’s rights to all of the unvested Units shall be immediately and irrevocably forfeited, except that if within 12 months following a Change in Control (as defined below), the Company terminates the Participant’s service with the Company for reasons other than for Cause, all Units granted hereunder not already forfeited under operation of this Section 4 shall become fully vested with all restrictions lifted, and be issued pursuant to Section 5(a) hereof. Upon forfeiture, Participant will no longer have any rights relating to the unvested Units. In the event of the Participant’s death, all of the Units shall immediately vest as of the date of death. For purposes of this Agreement:
Forfeiture; Early Vesting. If Employee (i) ceases to be an employee of the Company or any Affiliate (as defined in the Plan) prior to vesting of the Restricted Shares pursuant to Paragraph 2 hereof, (ii) Employee violates any restrictions with respect to the Restricted Shares contained in the Plan or this Award Agreement, or (iii) Employee violates the provisions of Paragraph 7 of this Award Agreement, all of Employee’s rights to all unvested Restricted Shares shall be immediately and irrevocably forfeited. Upon forfeiture, Employee will no longer have any rights relating to the unvested Restricted Shares, including the right to vote the Restricted Shares and the right to receive dividends declared on the Restricted Shares.
Forfeiture; Early Vesting. If Participant ceases to be an employee of or provide Service to the Company or any Affiliate prior to vesting of the Shares pursuant to Sections 2, 4 or 6 hereof, all of Participant’s rights to all of the unvested Shares shall be immediately and irrevocably forfeited, except that: (i) if Participant ceases to be an employee or provide Service by reason of death or Permanent Disability prior to the vesting of Shares under Sections 2, 4 or 6 hereof, the next vesting date for the Shares, as set out in Section 2 above, shall accelerate by twelve (12) months as of such date of termination; and (ii) if, after the initial vesting date set Form Restricted Stock Award Agreement (2006)
Forfeiture; Early Vesting. If Participant ceases to be a member of the Board of Directors of the Company prior to vesting of the Shares pursuant to Section 2 hereof or Section 12 of the Plan, all of Participant’s rights to all of the unvested Shares shall be immediately and irrevocably forfeited, except that (i) if Participant ceases to be a member of the Board of Directors by reason of Disability (as defined below) prior to the vesting of Shares under Section 2 hereof or Section 12 of the Plan, Participant, in addition to Shares previously vested under this Agreement, shall become immediately vested, as of the date of such Disability, in all previously unvested Shares granted hereunder; and (ii) if Participant ceases to be a member of the Board of Directors by reason of death prior to the vesting of Shares under Section 2 hereof or Section 12 of the Plan, Participant or his or her estate, in addition to Shares previously vested under this Agreement, shall become immediately vested, as of the date of death, in all previously unvested Shares granted hereunder. Upon forfeiture, Participant will no longer have any rights relating to the unvested Shares, including the right to vote the Shares and the right to receive cash dividends. For purposes of this Agreement, “Disability” has the meaning given to such term in Section 22(e)(3) of the Internal Revenue Code of 1986, as amended (the “Code”).
Forfeiture; Early Vesting. If Holder ceases to be an employee or consultant of the Company or any subsidiary of the Company, whether or not terminated for cause, prior to vesting of the Restricted Shares pursuant to Section 1 hereof, all of Holder's rights to all of the unvested Restricted Shares shall be immediately and irrevocably forfeited, except that (i) if Holder ceases to be an employee or consultant by reason of Disability (as defined below) prior to the vesting of Restricted Shares under Section s hereof or (ii) if Holder ceases to be an employee or consultant by reason of death prior to the vesting of Restricted Shares under Section 1 hereof, all Restricted Shares granted hereunder shall vest as of such termination of employment. For purposes of this Agreement, "Disability" has the meaning given to such term in Section 22(e)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). Upon forfeiture, Holder will no longer have any rights relating to the unvested Restricted Shares, including the right to vote the Restricted Shares and the right to receive dividends declared on the Shares. If Holder's employment ceases prior to the Vesting Date (other than pursuant to death or Disability), Holder and Infowave shall enter into a mutually agreeable consulting agreement requiring no more than 20 hours of service per month except as otherwise agreed with a term through and including the Vesting Date, unless such Restricted Shares are forfeited pursuant to Section 1 in which case the consulting agreement may be terminated. Each of Holder and Infowave agree to act reasonably with respect to the consulting agreement.
