ADAPTEC EMPLOYEE. Adaptec Employee" means an individual who is: (a) on the Separation Date actively employed by, or on leave of absence from, Adaptec (b) an employee or among a group of employees designated as Adaptec Employees by Adaptec and Roxio, by mutual agreement; or (c) an employee of Adaptec or Roxio who, prior to the Distribution Date, is on, or begins, a company approved leave of absence until the earlier of (i) the employee's termination of employment, (ii) the passage of six months as measured from the employee's last day of active work, or (iii) the employee is medically released to return to work. Notwithstanding the foregoing, in the event an employee begins an approved leave of absence prior to the Distribution Date, and the employee has been designated a Roxio Employee prior to such leave of absence, then such employee shall be deemed to be an Adaptec Employee during such leave of absence. Upon the expiration of such leave of absence, such employee's employment with Adaptec shall be terminated.
Appears in 4 contracts
Samples: Employee Matters Agreement (Adaptec Inc), Employee Matters Agreement (Roxio Inc), Employee Matters Agreement (Roxio Inc)