Common use of Accrued Benefits Clause in Contracts

Accrued Benefits. The term “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time); and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding severance payments under any Employer severance policy, practice or agreement in effect on the Termination Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of Executive’s death.

Appears in 8 contracts

Samples: Executive Employment and Severance Agreement (Regal Beloit Corp), Executive Employment and Severance Agreement (Regal Beloit Corp), Executive Employment and Severance Agreement (Regal Beloit Corp)

AutoNDA by SimpleDocs

Accrued Benefits. The term Executive’s “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any cash bonus or cash incentive compensation plan applicable to the Executive, but subject to any irrevocable deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any cash bonus or cash incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f5(e) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time)attained; and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding severance payments under any Employer severance policy, practice or agreement in effect on the Termination Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occursoccurs to the extent necessary for compliance with the requirements of Code Section 409A(a)(2)(B) relating to specified employees or, unless to the extent not so required, within ninety (90) days of the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of Executive’s deathService.

Appears in 8 contracts

Samples: Key Executive Employment and Severance Agreement (nVent Electric PLC), Key Executive Employment and Severance Agreement (PENTAIR PLC), Key Executive Employment and Severance Agreement (PENTAIR PLC)

Accrued Benefits. The term Executive’s “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any irrevocable deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, reduced by any amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate Executive pursuant to Section(b)(iii) and Section 3(b)(iv) under the same period of time)plan for the fiscal year in which the Termination Date occurs; and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding severance payments under any Employer severance policy, practice or agreement in effect on the Termination Date. Payment of Accrued Benefits shall be made promptly in accordance with the CompanyEmployer’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 ninety (90) days of the date of Executive’s death.

Appears in 6 contracts

Samples: Key Executive Employment and Severance Agreement (Anchor Bancorp Wisconsin Inc), Key Executive Employment and Severance Agreement (Anchor Bancorp Wisconsin Inc), Key Executive Employment and Severance Agreement (Anchor Bancorp Wisconsin Inc)

Accrued Benefits. The term “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer Company and its Affiliates for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time)attained; and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding including severance payments under any Employer the Employer’s severance policy, practice or agreement policies and practices in the form most favorable to the Executive that were in effect on at any time during the Termination 180‑day period prior to the Effective Date. Payment of Accrued Benefits shall be made promptly in accordance with the CompanyEmployer’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on , but in any event not later than ten business days after the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of Executive’s deathTermination Date.

Appears in 6 contracts

Samples: Key Executive Employment and Severance Agreement (Badger Meter Inc), Key Executive Employment and Severance Agreement (Badger Meter Inc), Key Executive Employment and Severance Agreement (Badger Meter Inc)

Accrued Benefits. The In the event that your employment is terminated for any reason during the term of this Agreement, following a Change of Control of the Company (as defined in Section 2 herein), you shall receive your Accrued Benefits through the Date of Termination. For purposes of this Agreement, your "Accrued Benefits" shall include the following amounts, payable as described herein: following: (i) all All base salary for the time period ending with your Date of Termination, at the rate in effect at the time Notice of Termination Date; is given or on the Date of Termination if no Notice of Termination is required; (ii) reimbursement A bonus payment equal to one hundred percent (100%) of the greater of (A) your target bonus for the year in which the Date of Termination occurs, prorated based upon the ratio of the number of months (full credit for a partial month) you were employed during that bonus year to the total months in that bonus year, and (B) your Earned Bonus Amount for the year in which the Date of Termination occurs, calculated as if the Date of Termination were the end of that year for purposes of the EVA Plan; (iii) A cash equivalent of all unused vacation to which you were entitled through your Date of Termination; (iv) Reimbursement for any and all monies advanced in connection with the Executive’s your employment for reasonable and necessary expenses incurred by the Executive you on behalf of the Employer Company for the time period ending with the Termination Date; your Date of Termination; (iiiv) any Any and all other cash earned through the Date of Termination Date and deferred at the your election of the Executive or pursuant to any deferred compensation plan then in effect; ; (ivvi) notwithstanding any provision of any bonus Credited service in the Company's Pension Plan (or incentive compensation plan applicable to its successor) through the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value Termination for purposes of all contingent bonus computing your accrued pension benefit; (vii) All other amounts to which you are entitled under any compensation or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus benefit plan, program, practice or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control policy of the Company to the extent such amounts relate to the same period of time); and (v) all other payments and benefits to which the Executive (or in the event effect as of the Executive’s death, the Executive’s surviving spouse or other beneficiaryDate of Termination; and (viii) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding severance The payments under any Employer severance policy, practice or agreement provided for in effect on the Termination Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses paragraphs (i) and ), (ii) or), with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occursabove, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days not later than the tenth (10th) business day following the Date of Termination; provided, however, that if the amounts of such payments cannot be finally determined on or before such day, the Company shall pay to you on such day an estimate, as determined in good faith by the Company, of the date minimum amount of Executive’s deathsuch payments and shall pay the remainder of such payments (together with interest at the rate provided in Section 1274(b)(2)(B) of the Internal Revenue Code of 1986, as amended (the "Code")) as soon as the amount thereof can be determined but in no event later than the thirtieth (30th) calendar day after the Date of Termination. In the event that the amount of the estimated payments exceeds the amount subsequently determined to have been due, such excess shall constitute a loan by the Company to you payable on the tenth (10th) business day after demand by the Company (together with interest at the rate provided in Section 1274(b)(2)(B) of the Code).

Appears in 4 contracts

Samples: Executive Change of Control Agreement (SPX Corp), Executive Change of Control Agreement (SPX Corp), Executive Change of Control Agreement (SPX Corp)

Accrued Benefits. The term “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer Company for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the target or expected performance Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus bonuses or incentive compensation awards upon the a Change in Control of the Company to the extent such amounts relate to the same period of time); and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits perquisites or under the terms of any benefit plan of the EmployerCompany, excluding including (subject to Section 8(a)(i)) severance payments under any Employer the Company’s severance policy, practice or agreement policies and practices in the form most favorable to the Executive that were in effect on at any time during the Termination 180-day period prior to the Effective Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided provided, however, that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of the Executive’s death.

Appears in 4 contracts

Samples: Key Executive Employment and Severance Agreement (Oshkosh Corp), Key Executive Employment and Severance Agreement (Oshkosh Corp), Key Executive Employment and Severance Agreement (Oshkosh Corp)

Accrued Benefits. The term Executive’s “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any irrevocable deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, reduced by any amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate Executive pursuant to Section(b)(iii) and Section 3(b)(iv) under the same period of time)plan for the fiscal year in which the Termination Date occurs; and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding severance payments under any Employer severance policy, practice or agreement in effect on the Termination Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 ninety (90) days of the date of Executive’s death.

Appears in 4 contracts

Samples: Key Executive Employment and Severance Agreement (Pentair LTD), Key Executive Employment and Severance Agreement (Pentair Inc), Key Executive Employment and Severance Agreement (Pentair Inc)

Accrued Benefits. The term “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time)attained; and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding severance payments under any Employer severance policy, practice or agreement in effect on the Termination Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of Executive’s death.

Appears in 3 contracts

Samples: Key Executive Employment and Severance Agreement (Fiserv Inc), Key Executive Employment and Severance Agreement (Regal Beloit Corp), Key Executive Employment and Severance Agreement (Fiserv Inc)

Accrued Benefits. The term “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer Company for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time)attained; and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the EmployerCompany, excluding including severance payments under any Employer the Company’s severance policy, practice or agreement policies and practices in the form most favorable to the Executive that were in effect on at any time during the Termination 180-day period prior to the Effective Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of Executive’s death.

Appears in 3 contracts

Samples: Key Executive Employment and Severance Agreement (Midwest Express Holdings Inc), Key Executive Employment and Severance Agreement (Midwest Express Holdings Inc), Key Executive Employment and Severance Agreement (Midwest Air Group Inc)

Accrued Benefits. The term Executive’s “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any cash bonus or cash incentive compensation plan applicable to the ExecutiveExecutive (other than certain cash-based long-term incentive compensation awards as provided in clause (B) below), but subject to any irrevocable deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any cash bonus or cash incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f5(e) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent cash-based bonus or incentive compensation awards to the Executive (including any such annual bonus and, unless the applicable award document expressly references this definition and provides otherwise, any such long-term incentive compensation awards) for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time)level; and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding severance payments under any Employer severance policy, practice or agreement in effect on the Termination Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occursoccurs to the extent necessary for compliance with the requirements of Code Section 409A(a)(2)(B) relating to specified employees or, unless to the extent not so required, within ninety (90) days of the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of Executive’s deathService.

Appears in 3 contracts

Samples: Change in Control Employment and Severance Agreement (Mayville Engineering Company, Inc.), Change in Control Employment and Severance Agreement (Mayville Engineering Company, Inc.), Change in Control Employment and Severance Agreement (Mayville Engineering Company, Inc.)

Accrued Benefits. The term In the event that you separate from service for any reason during the Term of this Agreement following a Change of Control of the Company, you shall receive your Accrued Benefits through the Date of Termination to the extent unpaid. For purposes of this Agreement, your “Accrued Benefits” shall include the following amounts, payable as described herein: following: (i) all All base salary for the time period ending with your Date of Termination, at the rate in effect at the time Notice of Termination Date; is given or on the Date of Termination if no Notice of Termination is required; (ii) reimbursement A bonus payment equal to one hundred percent (100%) of the greater of (A) your target bonus for the year in which the Date of Termination occurs (the “Year of Termination”), prorated based upon the ratio of the number of months (full credit for a partial month) you were employed during that bonus year to the total months in that bonus year, and (B) your Earned Bonus Amount for the Year of Termination, calculated as if the Date of Termination were the end of that year for purposes of the Bonus Plan; (iii) A cash equivalent of all unused vacation to which you were entitled through your Date of Termination; (iv) Reimbursement for any and all monies advanced in connection with the Executive’s your employment for reasonable and necessary expenses incurred by the Executive you on behalf of the Employer Company for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination your Date of the aggregate value of all contingent bonus Termination (as evidenced and determined in accordance with applicable Company policy); and (v) All other amounts to which you are entitled under any compensation or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus benefit plan, program, practice or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control policy of the Company to the extent such amounts relate to the same period of time); and (v) all other payments and benefits to which the Executive (or in the event effect as of the Executive’s deathDate of Termination. (vi) Subject to Sections 4(e) and 4(f), the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employerpayments provided for in Section 4(a)(i), excluding severance payments under any Employer severance policy, practice or agreement in effect on the Termination Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or), with respect to clauses (iii), and (iv) above shall be made in a lump sum cash payment as soon as administratively practicable (but in no event more than thirty (30) calendar days) following your Date of Termination. If the total amount of annual bonus is not determinable on that date, the Company shall pay the amount of bonus that is determinable and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) remainder shall be paid on in a lump sum cash payment at the first day time such bonuses are paid generally and in all events no later than the two and one-half (2½) months following the end of the seventh month following the month calendar year in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service bonus is due to death, in which event such payment shall be made within 90 days of the date of Executive’s deathearned.

Appears in 2 contracts

Samples: Change of Control Agreement (SPX Corp), Change of Control Agreement (SPX Corp)

Accrued Benefits. The term “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer Company for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the target or expected performance Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus bonuses or incentive compensation awards upon the a Change in Control of the Company to the extent such amounts relate to the same period of time); and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits perquisites or under the terms of any benefit plan of the EmployerCompany, excluding including (subject to Section 8(a)(i)) severance payments under any Employer the Company’s severance policy, practice or agreement policies and practices in the form most favorable to the Executive that were in effect on at any time during the Termination 180-day period prior to the Effective Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided provided, however, that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to the Executive’s death, in which event such payment shall be made within 90 days of the date of Executive’s death.

Appears in 2 contracts

Samples: Executive Employment and Severance Agreement (Oshkosh Corp), Executive Employment and Severance Agreement (Oshkosh Corp)

Accrued Benefits. The term “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer Company for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the target or expected performance Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time)attained; and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the EmployerCompany, excluding including (subject to Section 8(a)(i)) severance payments under any Employer the Company’s severance policy, practice or agreement policies and practices in the form most favorable to the Executive that were in effect on at any time during the Termination 180-day period prior to the Effective Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of Executive’s death.

Appears in 2 contracts

Samples: Executive Employment and Severance Agreement (Oshkosh Corp), Executive Employment and Severance Agreement (Oshkosh Truck Corp)

Accrued Benefits. The term “Accrued Benefits” shall include (a) Whether or not you choose to sign this Retirement Agreement (or the following amountsSupplemental Release), payable as described herein: you will be entitled to receive (i) all base salary for at your current rate through the time period ending with the Termination Retirement Date; , (ii) reimbursement for any to the extent not previously paid, unreimbursed business expenses (in accordance with usual Company policies and all monies advanced in connection with the Executive’s employment for reasonable practice), and necessary expenses incurred by the Executive on behalf of the Employer for the time period ending with the Termination Date; (iii) any continued participation in all Company retirement and deferred compensation plans and all other cash earned health and welfare plans through the Termination Retirement Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time); and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding severance payments under any Employer severance policy, practice or agreement in effect on the Termination Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii)terms of such plans, (iv) vested benefits under all Company retirement and (v)deferred compensation plans and COBRA coverage continuation rights under any Company health care plan, pursuant to in accordance with the terms of such plans and applicable law. You will also be entitled to any rights to contribution, advancement of expenses, defense or indemnification you may have under the benefit Company’s current Articles of Incorporation or Bylaws, as applicable, or as provided under applicable law. (b) Whether or not you choose to sign this Retirement Agreement (or the Supplemental Release), your retirement as of the original Retirement Date will constitute retirement as defined in any plan or practice establishing policy of the Company that defines retirement as termination on or after age 62 (if the original Retirement Date is on or after your sixty-second birthday), or on or after satisfying the “Rule of 65”, including without limitation the CNA Retirement Plan, the CNA Supplemental Executive Retirement Plan (the “SERP”), the CNA 401(k) Plus Plan, the CNA Nonqualified Savings Plan (the “SSP”), and the Incentive Plan, and your benefits under such benefits; plans will be consistent with those of a retiree (except as otherwise provided in Section 2(d) with respect to the 2015 LTIP). For avoidance of doubt, it is agreed that: (i) if your Retirement Date is on or after July 7, 2017, your 2016 SSE grant under the Incentive Plan will be fully vested on the Retirement Date and paid in shares of Company stock within thirty (30) days following your Retirement Date and your 2016 PSP grant under the Incentive Plan will be fully vested on the Retirement Date and paid in shares of Company stock on the first business day that is six (6) months after your Retirement Date. (ii) you may elect to commence your benefit under the CNA Retirement Plan as of the first day of any month following your Retirement Date and prior to April 1 after the year in which you reach age 70-1/2, in any form permitted by such plan. (iii) you may withdraw your account in the CNA 401(k) Plus Plan at any time after your Retirement Date and prior to April 1 after the year in which you reach age 70-1/2, which will be paid in a lump sum, subject to your right to roll over any portion of such payment as permitted by applicable law. (iv) the pre-2005 portion of your benefit under the SERP will be paid in a lump sum not more than fifteen (15) days after your Retirement Date in accordance with Section 2.5 of the SERP, and the Company will not exercise its discretion to pay the Pre-2005 portion in any form other than a lump sum, and the Post-2004 portion will be paid in a lump sum on the first business date that is six months after your Retirement Date. Such payments pursuant will bear interest until paid in accordance with the SERP. The plan administrators of the SERP and the SSP will not exercise their discretion to clause change the methodology for calculating benefits under either plan after the date of this Retirement Agreement, if the effect is to materially reduce the amount of your benefit thereunder. If any such change in methodology were to occur, then your benefit thereunder will be calculated without regard to such change. The plan administrators will act in accordance with this Section 3(b)(iv). No later than five (iv)(B5) shall business days prior to the payment of amounts to Executive under this Section 3(b)(iv), the Company will provide Executive with a good faith estimate of the applicable payment being made under the SERP and withholdings related thereto. (v) the pre-2005 portion of your account under the SSP will be paid in a lump sum not more than fifteen (15) days after your Retirement Date, and the post-2004 portion will be paid on the first day business date that is six months after your Retirement Date. Both portions will continue to be credited with earnings under such plan until paid in accordance with the terms of the seventh month SSP. The plan administrator of the SSP will act in accordance with this Section 3(b)(v). (c) If your employment is terminated by the Company prior to the original Retirement Date without Cause, then, in addition to the Retirement Agreement Payments, the Company will pay you an amount equal to the value of the additional benefits to which you would have been entitled under the foregoing plans, if any, had your termination occurred on the original Retirement Date, subject to your executing and not revoking the Supplemental Release. Such amount shall be paid in a lump sum within thirty (30) days following the month in which Retirement Date or, to the Executive’s Separation from Service occursextent required by Section 409A of the Internal Revenue Code, unless at the Executive’s Separation from Service same time that the additional benefits would have been paid under the terms of the applicable plan. For avoidance of doubt, if your employment is due terminated prior to deaththe original Retirement Date for any other reason, in which event including by reason of death or Disability, your benefits under such payment plans shall be made within 90 days as provided by the terms of the date of Executive’s deathsuch plans.

Appears in 1 contract

Samples: Retirement Agreement (Cna Financial Corp)

Accrued Benefits. The term “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time); and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on or after the Termination Date as compensatory fringe benefits or under the terms of any agreement or benefit plan of the Employer, excluding cash severance payments under any Employer severance policy, practice or agreement in effect on the Termination Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the agreement or benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of Executive’s death.

Appears in 1 contract

Samples: Executive Employment and Severance Agreement (Regal Beloit Corp)

Accrued Benefits. The term For purposes of this Agreement, the Executive’s “Accrued Benefits” shall include the following amounts, payable as described herein: : (i) all base salary for the time period ending with the Termination Date; ; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer Company for the time period ending with the Termination Date; ; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; ; (iv) notwithstanding any provision of bonus or incentive compensation otherwise payable to the Executive with respect to the year in which termination occurs, or for any prior year or incentive period to the extent that such bonus or incentive compensation is otherwise payable to the Executive but has not been previously paid, under any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then or plans in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to which the Executive for is a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time)participant; and and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the EmployerCompany, excluding other than severance payments under any Employer the Company’s (or the Employer’s) severance policypolicies or practices, practice or agreement in the form most favorable to the Executive which were in effect on at any time during the Termination Date180-day period immediately prior to the Change in Control of the Company or during the Employment Period. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses Subsections (i) and (ii) or, with respect to clauses Subsections (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day . Termination of the seventh month following the month in which the Executive’s Separation from Service occursemployment does not affect deferral or distribution elections that the Executive may have in place with respect to the payment of any of the Accrued Benefits that are subject to Code Section 409A, unless the Executive’s Separation from Service is due to death, in which event and payment of such payment shall amounts will be made within 90 days pursuant to the terms of the date of Executive’s deathbenefit plan or practice under which the deferral election was made.

Appears in 1 contract

Samples: Executive Employment and Severance Agreement (Integrys Energy Group, Inc.)

Accrued Benefits. The term For purposes of this Agreement, the Employee’s “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the ExecutiveEmployee’s employment for reasonable and necessary expenses incurred by the Executive Employee on behalf of the Employer Company for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive Employee or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision a lump sum payment of any the bonus or incentive compensation otherwise payable to the Employee with respect to the year in which termination occurs under all bonus or incentive compensation plan applicable to or plans in which the Executive, but subject to any deferral election then in effect, Employee is a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time)participant; and (v) all other payments and benefits to which the Executive Employee (or in the event of the ExecutiveEmployee’s death, the ExecutiveEmployee’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the EmployerCompany, excluding severance payments under any Employer Company severance policy, practice or agreement in effect on immediately prior to the Termination DateChange in Control of the Company. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses Subsections (i) and (ii) or, with respect to clauses Subsections (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of Executive’s death.

Appears in 1 contract

Samples: Key Executive Employment and Severance Agreement (Interstate Power & Light Co)

AutoNDA by SimpleDocs

Accrued Benefits. The term “For purposes of this Agreement, the Executive's "Accrued Benefits" shall include the following amounts, payable as described herein: (i) all base salary for the time period commencing on the start of the Second Employment Period and ending with the Termination DateDate to the extent not yet paid; (ii) reimbursement for any and all monies advanced in connection with the Executive’s 's employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer for the time period ending with Company through the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision a lump sum payment of any the bonus or incentive compensation otherwise payable to the Executive with respect to the year in which termination occurs under all bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control plans of the Company to in which the extent such amounts relate to the same period of time)Executive is a participant; and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits benefits, including a lump sum cash payment in an amount equal to the total remaining lease payments due under the lease pursuant to Section 1.3(d), or under the terms of any benefit plan of the EmployerCompany, excluding including severance payments under any Employer the Company's severance policy, practice or agreement policies and practices as in effect on immediately prior to the Termination DateChange in Control of the Company. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s 's prevailing practice with respect to clauses Subsections (i) and (ii) hereof or, with respect to clauses Subsections (iii), (iv) and (v)) hereof, pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of Executive’s death.

Appears in 1 contract

Samples: Employment Agreement (Northland Cranberries Inc /Wi/)

Accrued Benefits. The term “Accrued Benefits” Company shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by pay to the Executive on behalf of the Employer for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to cash the sum of (A) the portion of the Executive’s Annual Base Salary earned through the Date of Termination, to the extent not theretofore paid, (B) the amount of any bonus or short- term incentive compensation that has been allocated or awarded to the earned by Executive for a completed fiscal year or other measuring period under preceding the plan that ends prior to the Termination Date of Termination, but has not yet been paid to Executive, (C) any accrued but unused vacation pay through the Date of Termination, to the extent not theretofore paid, and (D) the Executive’s business expenses that are reimbursable pursuant to Section 5(f3(h) or otherwisebut have not been reimbursed by the Company as of the Date of Termination (the sum of the amounts described in clauses (A) through and including (D) shall be referred to as the “Accrued Benefits”). The Accrued Benefits described in clauses (A), (C) and (D) shall be paid in a single lump sum within 30 days after the Date of Termination. The Accrued Benefits described in Clause (B) shall be paid in a pro rata portion to single lump sum at the Termination same time the short-term incentive for the fiscal year or other measuring, period preceding the Date of Termination is paid to other participants in the aggregate value of all contingent bonus or incentive compensation awards to STIP. Notwithstanding the foregoing, if the Executive has made an irrevocable election under the Deferred Compensation Plan to defer any portion of the Annual Base Salary or short-term incentive described in clause (A) or (B) above, then for all uncompleted periods under the plan calculated as to each purposes of this Section 5, such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduceddeferral election, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time); and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding severance payments under any Employer severance policy, practice or agreement in effect on the Termination Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant applicable arrangement shall apply to clause (iv)(B) shall be paid on the first day same portion of the seventh month following the month amount described in which the Executive’s Separation from Service occurssuch clauses (A) or (B), unless the Executive’s Separation from Service is due to death, in which event and such payment portion shall not be made within 90 days considered as part of the date of Executive’s death“Accrued Benefits” but shall instead be governed by Section 5(f) below.

Appears in 1 contract

Samples: Employment Agreement (Ch Energy Group Inc)

Accrued Benefits. The term “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer Company and its Affiliates for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time)attained; and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding including severance payments under any Employer the Employer’s severance policy, practice or agreement policies and practices in the form most favorable to the Executive that were in effect on at any time during the Termination 180-day period prior to the Effective Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of Executive’s death.the

Appears in 1 contract

Samples: Key Executive Employment and Severance Agreement

Accrued Benefits. The term For purposes of this Agreement, the Executive’s “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer Company for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of bonus or incentive compensation otherwise payable to the Executive with respect to the year in which termination occurs, or for any prior year or incentive period to the extent that such bonus or incentive compensation is otherwise payable to the Executive but has not been previously paid, under any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then or plans in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to which the Executive for is a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time)participant; and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the EmployerCompany, excluding other than severance payments under any Employer the Company’s (or the Employer’s) severance policypolicies or practices, practice or agreement in the form most favorable to the Executive which were in effect on at any time during the Termination Date180-day period immediately prior to the Change in Control of the Company or during the Employment Period. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses Subsections (i) and (ii) or, with respect to clauses Subsections (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day . Termination of the seventh month following the month in which the Executive’s Separation from Service occursemployment does not affect deferral or distribution elections that the Executive may have in place with respect to the payment of any of the Accrued Benefits that are subject to Code Section 409A, unless the Executive’s Separation from Service is due to death, in which event and payment of such payment shall amounts will be made within 90 days pursuant to the terms of the date of Executive’s deathbenefit plan or practice under which the deferral election was made.

Appears in 1 contract

Samples: Executive Employment and Severance Agreement (Integrys Energy Group, Inc.)

Accrued Benefits. The term Executive’s “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any cash bonus or cash incentive compensation plan applicable to the Executive, but subject to any irrevocable deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any cash bonus or cash incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f5(e) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time)attained; and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding severance payments under any Employer severance policy, practice or agreement in effect on the Termination Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of Executive’s death.

Appears in 1 contract

Samples: Key Executive Employment and Severance Agreement (nVent Electric PLC)

Accrued Benefits. The term “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf a. Upon your receipt of the Employer for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time); and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding severance payments under any Employer severance policy, practice or agreement in effect your final paycheck on the Termination Date, which includes payment for services for the final payroll period through the Termination Date, you will have received all wages owed to you by virtue of your employment with Silver Bay or termination thereof. b. Upon your receipt of payment in the amount of $13,903.85, less applicable deductions and withholding, which represents payment for 72.3 hours of accrued and unused Paid Time Off (PTO) as of the Termination Date at your regular rate, you will have received all benefits owed to you by virtue of your employment with Silver Bay or termination thereof. c. During your employment with Silver Bay, you were granted 60,000 shares of performance-based restricted stock units under the Plan as set forth in an award agreement dated February 12, 2015 (the “Performance Equity Award Agreement”). Payment As of Accrued Benefits shall the Termination Date you will not be made promptly vested in accordance with any of the Company’s prevailing practice with respect restricted stock units granted to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), you pursuant to the Performance Equity Award Agreement. Pursuant to the Plan and the terms of the benefit plan or practice establishing Performance Equity Award Agreement, all of the restricted stock units granted to you under the Performance Equity Award Agreement will automatically terminate and be forfeited and canceled on the Termination Date, and you hereby fully and forever waive and release any and all right to such benefits; provided that payments restricted stock units. During your employment with Silver Bay, you were granted 41,507 shares of time-based shares of restricted stock under the Plan as set forth in an award agreement dated February 12, 2015 (the “Time-Based Equity Award Agreement”). As of the Termination Date, all shares of restricted stock granted to you pursuant to clause (iv)(B) shall be paid the Time-Based Equity Award Agreement will have vested. d. The COBRA period for continuation of your insurance coverage under Silver Bay’s group plans will begin on the first day of the seventh month immediately following the month Termination Date. Information regarding your right to elect COBRA coverage will be sent to you via separate letter. e. You are not eligible for any other payments or benefits by virtue of your employment with Silver Bay or termination thereof except for those expressly described in which this Agreement. As a result of your termination of employment occurring prior to the Executive’s Separation from Service occurspayment of bonuses for the 2015 calendar year, unless you will not be eligible to receive a bonus with respect to the Executive’s Separation from Service is due to death2015 calendar year. You will receive the payments described in this Section 2 whether or not you sign this Agreement. You will not receive the separation pay described in Section 3 of this Agreement if (i) you do not sign this Agreement twice – first in connection with the Transition Date and second in connection with the Termination Date, in which event such payment shall be made within 90 days each case pursuant to Section 16 below, or (ii) you violate any of the date of Executive’s deathterms and conditions set forth in this Agreement. All payments and benefits described in this Agreement are subject to payroll taxes, withholdings, and deductions.

Appears in 1 contract

Samples: Transition Services, Separation Agreement and Release (Silver Bay Realty Trust Corp.)

Accrued Benefits. The term Executive’s “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, reduced by any amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate Executive pursuant to Section(b)(iii) and Section 3(b)(iv) under the same period of time)plan for the fiscal year in which the Termination Date occurs; and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding severance payments under any Employer severance policy, practice or agreement in effect on the Termination Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of Executive’s death.

Appears in 1 contract

Samples: Key Executive Employment and Severance Agreement (Pentair Inc)

Accrued Benefits. The term “Accrued Benefits” If the Executive’s employment with the Employer is terminated for any reason, the Employer shall include pay or provide to the following amounts, payable as described herein: Executive (or to the Executive’s authorized representative or estate) (i) all base salary for any Base Salary earned through the time period ending with the Termination DateDate of Termination; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf actual amount of the Employer for Annual Bonus that was earned with respect to the time period ending with calendar year prior to the year in which the Date of Termination DateOccurs (the “Prior Year’s Earned Bonus”) but that remains unpaid as of the Date of Termination; (iii) any unpaid expense reimbursements (subject to, and all other cash earned through the Termination Date and deferred at the election in accordance with, Section 2(e) of the Executive or pursuant to any deferred compensation plan then in effectthis Agreement); (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to accrued but unused vacation that accrued through the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time)Termination; and (v) all other payments and any vested benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or have under the terms of any employee benefit plan of the Employer, excluding severance payments under including without limitation any Employer severance policy, practice or agreement in effect benefits that may accrue on the Termination Date. Payment of Accrued Benefits shall be made promptly in accordance with Executive’s retirement from the Company’s prevailing practice with respect , to the extent applicable (clauses (i) and ), (ii) or), with respect to clauses (iii), (iv) and (v) collectively, the “Accrued Benefits”), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) . The Accrued Benefits shall be paid on or before the first day of the seventh month following the month time required by law but in which no event more than 30 days after the Executive’s Separation Date of Termination or in accordance with the applicable plan document. To the extent applicable, the Executive shall be deemed to have resigned from Service occursall applicable officer, unless board member and other positions that the Executive holds with Alkermes or Mural or any of their respective subsidiaries and affiliates upon the termination of the Executive’s Separation from Service is due employment for any reason. The Executive shall execute any documents in reasonable form as may be reasonably requested to deathconfirm or effectuate any such resignations. Notwithstanding anything to the contrary in this Agreement, in which event such payment shall be made within 90 days the termination of the date of Executive’s deathemployment with Alkermes on the Mural Effective Date to commence employment with Mural as a result of the Spin-Off shall not constitute a severance-eligible termination, and no severance or change in control benefits will be paid or provided in or upon such event.

Appears in 1 contract

Samples: Employment Agreement (Mural Oncology LTD)

Accrued Benefits. The term “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer Company for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the target or expected performance Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, reduced but not below zero, by amounts paid under all such contingent bonus bonuses or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time); and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits perquisites or under the terms of any benefit plan of the EmployerCompany, excluding including (subject to Section 8(a)(i)) severance payments under any Employer the Company’s severance policy, practice or agreement policies and practices in the form most favorable to the Executive that were in effect on at any time during the Termination 180-day period prior to the Effective Date. Payment of Accrued Benefits shall be made promptly in accordance with the Company’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided provided, however, that payments pursuant to clause (iv)(B) shall be paid on the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event event, such payment shall be made within 90 days of the date of Executive’s death.

Appears in 1 contract

Samples: Executive Employment and Severance Agreement (Oshkosh Corp)

Accrued Benefits. The term “Accrued Benefits” shall include the following amounts, payable as described herein: (i) all base salary for the time period ending with the Termination Date; (ii) reimbursement for any and all monies advanced in connection with the Executive’s employment for reasonable and necessary expenses incurred by the Executive on behalf of the Employer Company and its Affiliates for the time period ending with the Termination Date; (iii) any and all other cash earned through the Termination Date and deferred at the election of the Executive or pursuant to any deferred compensation plan then in effect; (iv) notwithstanding any provision of any bonus or incentive compensation plan applicable to the Executive, but subject to any deferral election then in effect, a lump sum amount, in cash, equal to the sum of (A) any bonus or incentive compensation that has been allocated or awarded to the Executive for a fiscal year or other measuring period under the plan that ends prior to the Termination Date but has not yet been paid (pursuant to Section 5(f) or otherwise) and (B) a pro rata portion to the Termination Date of the aggregate value of all contingent bonus or incentive compensation awards to the Executive for all uncompleted periods under the plan calculated as to each such award as if the Goals with respect to such bonus or incentive compensation award had been attained at the target level (reduced, but not below zero, by amounts paid under all such contingent bonus or incentive compensation awards upon the Change in Control of the Company to the extent such amounts relate to the same period of time)attained; and (v) all other payments and benefits to which the Executive (or in the event of the Executive’s death, the Executive’s surviving spouse or other beneficiary) may be entitled on the Termination Date as compensatory fringe benefits or under the terms of any benefit plan of the Employer, excluding including severance payments under any Employer the Employer’s severance policy, practice or agreement policies and practices in the form most favorable to the Executive that were in effect on at any time during the Termination 180-day period prior to the Effective Date. Payment of Accrued Benefits shall be made promptly in accordance with the CompanyEmployer’s prevailing practice with respect to clauses (i) and (ii) or, with respect to clauses (iii), (iv) and (v), pursuant to the terms of the benefit plan or practice establishing such benefits; provided that payments pursuant to clause (iv)(B) shall be paid on , but in any event not later than ten business days after the first day of the seventh month following the month in which the Executive’s Separation from Service occurs, unless the Executive’s Separation from Service is due to death, in which event such payment shall be made within 90 days of the date of Executive’s deathTermination Date.

Appears in 1 contract

Samples: Key Executive Employment and Severance Agreement (Badger Meter Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!