Vesting Clause Example with 7 Variations from Business Contracts
This page contains Vesting clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Vesting. The Restricted Stock that is granted hereby shall be subject to Forfeiture Restrictions. The Forfeiture Restrictions shall lapse as to the Restricted Stock that is granted hereby in accordance with the provisions of subsections (a) through (d) of this Section 4. (a) Generally. The Forfeiture Restrictions shall lapse as to the Restricted Stock that is granted hereby as provided in subsection (b), provided that the Participant has not incurred a Termination of Service prior to the applicable date ...provided in subsection (b). If the Participant has incurred a Termination of Service before a date provided in subsection (b) then, except as otherwise specified in subsections (c) or (d) below, the Forfeiture Restrictions then applicable to any of the Restricted Stock shall not lapse and all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall be forfeited to the Company upon such Termination of Service. (b) Vesting Date. The Forfeiture Restrictions shall lapse, and the Restricted Stock will vest (subject to the provisions of subsection (a)) in accordance with the following schedule: (i) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to one-quarter (25%) of the Restricted Stock; (ii) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; (iii) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; and (iv) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to the remaining one-quarter (25%) of the Restricted Stock, so that on , the Restricted Stock will vest in full. (c) Death or Total and Permanent Disability. Notwithstanding any provisions of Section 4 to the contrary, in the event the Participant's Termination of Service is due to the Participant's death or Total and Permanent Disability prior to a date provided in subsection (b), the Forfeiture Restrictions for all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall lapse on the date of such Termination of Service due to death or Total and Permanent Disability. 3 (d) Change in Control. Notwithstanding any provisions of Section 4 to the contrary, in the event a Change in Control occurs prior to the date of the Participant's Termination of Service, the Forfeiture Restrictions for all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall lapse upon the occurrence of such Change in Control.View More
Variations of a "Vesting" Clause from Business Contracts
Vesting. The Restricted Stock Shares that is are granted hereby shall be subject to Forfeiture Restrictions. The Forfeiture Restrictions shall lapse as to the Restricted Stock Shares that is are granted hereby in accordance with the provisions of subsections (a) through (d) of this Section 4. 2 (a) Generally. The Forfeiture Restrictions shall lapse as to the Restricted Stock Shares that is are granted hereby as provided in subsection (b), subsections (b)(i) and (b)(ii), provided that (i) the Participant...Awardee's service as an employee has not incurred a Termination of Service terminated prior to , 20 ; and (ii) the applicable date performance goals provided in subsection (b). subsections (b)(i) and b(ii) required for lapse of the Forfeiture Restrictions have been achieved on or before , 20 . If the Participant has incurred Awardee's service as a Termination of Service employee terminates before a date provided in subsection (b) , 20 then, except as otherwise specified in subsections (c) or (d) below, the Forfeiture Restrictions then applicable to any of the Restricted Stock Shares shall not lapse and all of the Restricted Stock Shares with respect to which Forfeiture Restrictions have not then lapsed shall be forfeited to the Company upon such Termination cessation of Service. service. Further, to the extent the performance goals required for lapse of the Forfeiture Restrictions set forth in subsections (b)(i) and (b)(ii) of this Section 4 are not achieved by , 20 , then, except as otherwise specified in subsections (c) and (d) below, the Forfeiture Restrictions then applicable to any of the Restricted Shares relating to such unachieved performance goals shall not lapse, and all of the Restricted Shares with respect to which Forfeiture Restrictions have not then lapsed shall be forfeited to the Company on , 20 . (b) Vesting Date. The Forfeiture Restrictions shall lapse, and the Restricted Stock Shares will vest (subject to the provisions of subsection (a)) in accordance with the following schedule: (i) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to one-quarter (25%) of the Restricted Stock; (ii) on 20 , the Forfeiture Restrictions shall lapse, and the Restricted Stock Shares will vest, with respect to an additional one-quarter (25%) ( %) of the Restricted Stock; (iii) Shares, if by such date ; and (ii) on , 20 , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; and (iv) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock Shares will vest, with respect to the remaining one-quarter (25%) ( %) of the Restricted Stock, so that on , the Restricted Stock will vest in full. Shares, if by such date . (c) Death or Total and Permanent Disability. Notwithstanding any provisions of Section 4 to the contrary, in the event the Participant's Termination of Service Awardee's service as an employee is terminated due to the Participant's death or Total and Permanent Disability of the Awardee prior to a date provided in subsection subsections (b), the Forfeiture Restrictions for all of the Restricted Stock Shares with respect to which Forfeiture Restrictions have not then lapsed shall lapse on the date of such Termination cessation of Service service due to death or Total and Permanent Disability. 3 (d) Change in Control. Notwithstanding any provisions of Section 4 to the contrary, in the event a Change in Control occurs prior to the date of the Participant's Termination of Service, Awardee's service with the Company is terminated the Forfeiture Restrictions for all of the Restricted Stock Shares with respect to which Forfeiture Restrictions have not then lapsed shall lapse upon on the occurrence date of such Change in Control. View More
Vesting. The Restricted Stock that is granted hereby shall be subject to Forfeiture Restrictions. The Forfeiture Restrictions shall lapse as to the Restricted Stock that is granted hereby in accordance with the provisions of subsections (a) through (d) of this Section 4. (a) Generally. The Forfeiture Restrictions shall lapse as to the Restricted Stock that is granted hereby as provided in subsection (b), provided that the Participant has not incurred a Termination of Service prior to the applicable date ...provided in subsection (b). If the Participant has incurred a Termination of Service before a date provided in subsection (b) then, except as otherwise specified in subsections (c) or (d) below, the Forfeiture Restrictions then applicable to any of the Restricted Stock shall not lapse and all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall be forfeited to the Company upon such Termination of Service. (b) Vesting Date. The Forfeiture Restrictions shall lapse, and the Restricted Stock will vest (subject to the provisions of subsection (a)) in accordance with the following schedule: schedule:1 (i) on , __________, the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to one-quarter (25%) of the Restricted Stock; (ii) on , __________, the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; (iii) on , __________, the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; and (iv) on , __________, the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to the remaining one-quarter (25%) of the Restricted Stock, so that on , __________, the Restricted Stock will vest in full. (c) Death or Total and Permanent Disability. Notwithstanding any provisions of Section 4 to the contrary, in the event the Participant's Termination of Service is due to the Participant's death or Total and Permanent Disability prior to a date provided in subsection (b), the Forfeiture Restrictions for all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall lapse on the date of such Termination of Service due to death or Total and Permanent Disability. 3 (d) Change in Control. Notwithstanding any provisions of Section 4 to the contrary, in the event (i) a Change in Control occurs prior to the date of the Participant's Termination of Service, Service and (ii) the Participant incurs a Termination of Service during the two (2) year period commencing on the date that the Change in Control occurred, either (A) by the Company without Cause or (B) by the Participant for Good Reason, the Forfeiture Restrictions for all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall lapse upon the occurrence of such Change in Control. (e) Forfeiture Upon Violation of Confidentiality/Nonsolicitation Provisions. Notwithstanding anything to the contrary contained herein, in the event the Participant fails to comply with the confidentiality and non-solicitation provisions of Exhibit A, or the non-solicitation and/or confidentiality provisions contained in any written agreement by and between the Participant and the Company, then (i) the Forfeiture Restrictions shall not lapse, and any unvested Restricted Stock shall be immediately forfeited to the Company as of the date of such violation, and (ii) any Restricted Stock for which the Forfeiture Restrictions have lapsed, but that had 1 NTD: Unless granted as "Exempt Shares," the Restricted Stock cannot vest earlier than over the three-year period commencing on the Date of Grant, and on a pro rata basis. The Company's standard four-year pro rata vesting schedule complies with this requirement. not yet been delivered to the Participant shall be immediately forfeited and this Agreement (other than the provisions of this subsection (e) and the provisions of Exhibit A) will be terminated on the date of such violation. View More
Vesting. The Restricted Stock that is granted hereby shall be subject to Forfeiture Restrictions. The Forfeiture Restrictions shall lapse as to the Restricted Stock that is granted hereby in accordance with the provisions of subsections (a) through (d) of this Section 4. (a) Generally. The Forfeiture Restrictions shall lapse as to the Restricted Stock that is granted hereby as provided in subsection (b), provided that the Participant has not incurred a Termination of Service prior to the applicable date ...provided in subsection (b). If the Participant has incurred a Termination of Service before a date provided in subsection (b) then, except as otherwise specified in subsections (c) or (d) below, the Forfeiture Restrictions then applicable to any of the Restricted Stock shall not lapse and all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall be forfeited to the Company upon such Termination of Service. (b) Vesting Date. The Forfeiture Restrictions shall lapse, and the Restricted Stock will vest (subject to the provisions of subsection (a)) in accordance with the following schedule: (i) on , __________, the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to one-quarter (25%) of the Restricted Stock; (ii) on , __________, the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; (iii) on , __________, the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; and (iv) on , __________, the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to the remaining one-quarter (25%) of the Restricted Stock, so that on , __________, the Restricted Stock will vest in full. (c) Death or Total and Permanent Disability. Notwithstanding any provisions of Section 4 to the contrary, in the event the Participant's Termination of Service is due to the Participant's death or Total and Permanent Disability prior to a date provided in subsection (b), the Forfeiture Restrictions for all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall lapse on the date of such Termination of Service due to death or Total and Permanent Disability. 3 (d) Change in Control. Notwithstanding any provisions of Section 4 to the contrary, in the event a Change in Control occurs prior to the date of the Participant's Termination of Service, the Forfeiture Restrictions for all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall lapse upon the occurrence of such Change in Control. (e) Forfeiture Upon Violation of Confidentiality/Nonsolicitation Provisions. Notwithstanding anything to the contrary contained herein, in the event the Participant fails to comply with the confidentiality and non-solicitation provisions of Exhibit A, or the non-solicitation and/or confidentiality provisions contained in any written agreement by and between the Participant and the Company, then (i) the Forfeiture Restrictions shall not lapse, and any unvested Restricted Stock shall be immediately forfeited to the Company as of the date of such violation, and (ii) any Restricted Stock for which the Forfeiture Restrictions have lapsed, but that had not yet been delivered to the Participant shall be immediately forfeited and this Agreement (other than the provisions of this subsection (e) and the provisions of Exhibit A) will be terminated on the date of such violation. View More
Vesting. The Restricted Stock that is granted hereby shall be subject to Forfeiture Restrictions. The Forfeiture Restrictions shall lapse as to the Restricted Stock that is granted hereby in accordance with the provisions of subsections (a) through (d) (e) of this Section 4. (a) Generally. The Forfeiture Restrictions shall lapse as to the Restricted Stock that is granted hereby as provided in subsection (b), provided that the Participant has not incurred a Termination of Service prior to the applicable d...ate provided in subsection (b). If the Participant has incurred a Termination of Service before a date provided in subsection (b) then, except as otherwise specified in subsections (c) or (d) below, the Forfeiture Restrictions then applicable to any of the Restricted Stock shall not lapse and all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall be forfeited to the Company upon such Termination of Service. (b) Vesting Date. Date and Criteria. The Forfeiture Restrictions shall lapse, Restricted Shares will vest, and the Restricted Stock will vest (subject to the provisions of subsection (a)) in accordance with the following schedule: (i) on , the Forfeiture Restrictions shall will lapse, as specified herein and upon the Restricted Stock will vest, with respect to one-quarter (25%) satisfaction of the Restricted Stock; (ii) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; (iii) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; and (iv) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to the remaining one-quarter (25%) of the Restricted Stock, so that on , the Restricted Stock will vest conditions contained in full. Exhibit A. (c) Death or Total and Permanent Disability. Notwithstanding any provisions of Section 4 to the contrary, in the event the Participant's Termination of Service is due to the Participant's death or Total and Permanent Disability prior to a date provided in subsection (b), the Forfeiture Restrictions for all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall lapse on the date of such Termination of Service due to death or Total and Permanent Disability. 3 (d) Change [Change in Control. Notwithstanding any provisions of Section 4 to the contrary, in the event (i) a Change in Control occurs prior to the date of the Participant's Termination of Service, Service and (ii) the Participant incurs a Termination of Service during the two (2) year period commencing on the date that the Change in Control occurred, either (A) by the Company without Cause or (B) by the Participant for Good Reason, the Forfeiture Restrictions for all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall lapse upon the occurrence of such Change in Control. Control.] (e) Forfeiture Upon Violation of Confidentiality/Nonsolicitation Provisions. Notwithstanding anything to the contrary contained herein, in the event the Participant fails to comply with the confidentiality and non-solicitation provisions of Exhibit B, or the non-solicitation and/or confidentiality provisions contained in any written agreement by and between the Participant and the Company, then (i) the Forfeiture Restrictions shall not lapse, and any unvested Restricted Stock shall be immediately forfeited to the Company as of the date of such violation, and (ii) any Restricted Stock for which the Forfeiture Restrictions have lapsed, but that had not yet been delivered to the Participant shall be immediately forfeited and this Agreement (other than the provisions of this subsection (e) and the provisions of Exhibit B) will be terminated on the date of such violation. View More
Vesting. The Restricted Stock that is granted hereby shall be subject to Forfeiture Restrictions. The Forfeiture Restrictions shall lapse as to the Restricted Stock that is granted hereby in accordance with the provisions of subsections (a) through (d) (e) of this Section 4. (a) Generally. The Forfeiture Restrictions shall lapse as to the Restricted Stock that is granted hereby as provided in subsection (b), provided that the Participant has not incurred a Termination of Service prior to the applicable d...ate provided in subsection (b). If the Participant has incurred a Termination of Service before a date provided in subsection (b) then, except as otherwise specified in subsections (c) or (d) below, the Forfeiture Restrictions then applicable to any of the Restricted Stock shall not lapse and all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall be forfeited to the Company upon such Termination of Service. (b) Vesting Date. Date and Criteria. The Forfeiture Restrictions shall lapse, Restricted Shares will vest, and the Restricted Stock will vest (subject to the provisions of subsection (a)) in accordance with the following schedule: (i) on , the Forfeiture Restrictions shall will lapse, as specified herein and upon the Restricted Stock will vest, with respect to one-quarter (25%) satisfaction of the Restricted Stock; (ii) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; (iii) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; and (iv) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to the remaining one-quarter (25%) of the Restricted Stock, so that on , the Restricted Stock will vest conditions contained in full. Exhibit A. (c) Death or Total and Permanent Disability. Notwithstanding any provisions of Section 4 to the contrary, in the event the Participant's Termination of Service is due to the Participant's death or Total and Permanent Disability prior to a date provided in subsection (b), the Forfeiture Restrictions for all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall lapse on the date of such Termination of Service due to death or Total and Permanent Disability. 3 (d) Change [Change in Control. Notwithstanding any provisions of Section 4 to the contrary, in the event a Change in Control occurs prior to the date of the Participant's Termination of Service, the Forfeiture Restrictions for all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall lapse upon the occurrence of such Change in Control. Control.] (e) Forfeiture Upon Violation of Confidentiality/Nonsolicitation Provisions. Notwithstanding anything to the contrary contained herein, in the event the Participant fails to comply with the confidentiality and non-solicitation provisions of Exhibit B, or the non-solicitation and/or confidentiality provisions contained in any written agreement by and between the Participant and the Company, then (i) the Forfeiture Restrictions shall not lapse, and any unvested Restricted Stock shall be immediately forfeited to the Company as of the date of such violation, and (ii) any Restricted Stock for which the Forfeiture Restrictions have lapsed, but that had not yet been delivered to the Participant shall be immediately forfeited and this Agreement (other than the provisions of this subsection (e) and the provisions of Exhibit B) will be terminated on the date of such violation. 3 5. Effect of Lapse of Restrictions. Upon the lapse of the Forfeiture Restrictions with respect to the Restricted Stock granted hereby, if requested by the Participant as described in Section 6.4(a) of the Plan, the Company shall cause to be delivered to the Participant a stock certificate representing such Restricted Stock, and such Restricted Stock shall be transferable by the Participant (except to the extent that any proposed transfer would, in the opinion of counsel satisfactory to the Company, constitute a violation of applicable securities law). View More
Vesting. The Restricted Stock Shares that is are granted hereby shall be subject to Forfeiture Restrictions. The Forfeiture Restrictions shall lapse as to the Restricted Stock Shares that is are granted hereby in accordance with the provisions of subsections (a) through (d) of this Section 4. 2 (a) Generally. The Forfeiture Restrictions shall lapse as to the Restricted Stock Shares that is are granted hereby as provided in subsection subsections (b), provided that the Participant Awardee's service as an ...employee has not incurred a Termination of Service terminated prior to the applicable date provided in subsection (b). If the Participant has incurred Awardee's service as a Termination of Service employee terminates before a date provided in subsection subsections (b) then, then except as otherwise specified in subsections (c) or (d) below, below the Forfeiture Restrictions then applicable to any of the Restricted Stock Shares shall not lapse and all of the Restricted Stock Shares with respect to which Forfeiture Restrictions have not then lapsed shall be forfeited to the Company upon such Termination cessation of Service. service. (b) Vesting Date. The Forfeiture Restrictions shall lapse, and the Restricted Stock Shares will vest (subject to the provisions of subsection (a)) in accordance with the following schedule: (i) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock Shares will vest, with respect to one-quarter (25%) of the Restricted Stock; Shares; (ii) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock Shares will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; Shares; (iii) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock Shares will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; Shares; and (iv) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock Shares will vest, with respect to the remaining one-quarter (25%) of the Restricted Stock, Shares, so that on , the Restricted Stock Shares will vest in full. (c) Death or Total and Permanent Disability. Notwithstanding any provisions of Section 4 to the contrary, in the event the Participant's Termination of Service Awardee's service as an employee is terminated due to the Participant's death or Total and Permanent Disability of the Awardee prior to a date provided in subsection subsections (b), the Forfeiture Restrictions for all of the Restricted Stock Shares with respect to which Forfeiture Restrictions have not then lapsed shall lapse on the date of such Termination cessation of Service service due to death or Total and Permanent Disability. 3 (d) Change in Control. Notwithstanding any provisions of Section 4 to the contrary, in the event a Change in Control occurs prior to the date of the Participant's Termination of Service, Awardee's service with the Company is terminated the Forfeiture Restrictions for all of the Restricted Stock Shares with respect to which Forfeiture Restrictions have not then lapsed shall lapse upon on the occurrence date of such Change in Control. View More
Vesting. The Restricted Stock that is granted hereby shall be subject to Forfeiture Restrictions. The Forfeiture Restrictions shall lapse as to the Restricted Stock that is granted hereby in accordance with the provisions of subsections (a) through (d) (e) of this Section 4. (a) Generally. The Forfeiture Restrictions shall lapse as to the Restricted Stock that is granted hereby as provided in subsection (b), provided that the Participant has not incurred a Termination of Service prior to the applicable d...ate provided in subsection (b). If the Participant has incurred a Termination of Service before a date provided in subsection (b) then, except as otherwise specified in subsections (c) or (d) below, the Forfeiture Restrictions then applicable to any of the Restricted Stock shall not lapse and all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall be forfeited to the Company upon such Termination of Service. (b) Vesting Date. Date and Criteria. The Forfeiture Restrictions shall lapse, Restricted Shares will vest, and the Restricted Stock will vest (subject to the provisions of subsection (a)) in accordance with the following schedule: (i) on , the Forfeiture Restrictions shall will lapse, as specified herein and upon the Restricted Stock will vest, with respect to one-quarter (25%) satisfaction of the Restricted Stock; (ii) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; (iii) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to an additional one-quarter (25%) of the Restricted Stock; and (iv) on , the Forfeiture Restrictions shall lapse, and the Restricted Stock will vest, with respect to the remaining one-quarter (25%) of the Restricted Stock, so that on , the Restricted Stock will vest conditions contained in full. Exhibit A. (c) Death or Total and Permanent Disability. Notwithstanding any provisions of Section 4 to the contrary, in the event the Participant's Termination of Service is due to the Participant's death or Total and Permanent Disability prior to a date provided in subsection (b), the Forfeiture Restrictions for all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall lapse on the date of such Termination of Service due to death or Total and Permanent Disability. 3 (d) Change [Change in Control. Notwithstanding any provisions of Section 4 to the contrary, in the event a Change in Control occurs prior to the date of the Participant's Termination of Service, the Forfeiture Restrictions for all of the Restricted Stock with respect to which Forfeiture Restrictions have not then lapsed shall lapse upon the occurrence of such Change in Control. Control.] (e) Forfeiture Upon Violation of Confidentiality/Nonsolicitation Provisions. Notwithstanding anything to the contrary contained herein, in the event the Participant fails to comply with the confidentiality and non-solicitation provisions of Exhibit B, or the non-solicitation and/or confidentiality provisions contained in any written agreement by and between the Participant and the Company, then (i) the Forfeiture Restrictions shall not lapse, and any unvested Restricted Stock shall be immediately forfeited to the Company as of the date of such violation, and (ii) any Restricted Stock for which the Forfeiture Restrictions have lapsed, 3 but that had not yet been delivered to the Participant shall be immediately forfeited and this Agreement (other than the provisions of this subsection (e) and the provisions of Exhibit B) will be terminated on the date of such violation. View More