No Right to Exercise. Notwithstanding the foregoing with respect to any termination of employment, the Vested Portion of the Option may not be exercised pursuant to this Section 3 if the Company in its sole discretion determines that the Participant has, at any time during the term of employment or following termination of employment, violated the terms of any agreement with the Company or a Subsidiary regarding competition with the business of the Company or any Subsidiary, interference with contractual or business relationships of the Company or any Subsidiary, solicitation of employees, officers, partners, agents, or consultants of the Company or a Subsidiary or other similar covenant. In the event that a Participant violates the terms of any such agreement, the Company may cause such Participant to forfeit all of his or her outstanding Options and disgorge any gain realized upon the exercise of any Option within the six-month period preceding the violation.
Appears in 2 contracts
Sources: Nonqualified Stock Option Agreement (Opnext Inc), Nonqualified Stock Option Agreement (Opnext Inc)