Additional Consideration. As additional consideration for the Non-Competition obligations described in Paragraph 4 above, should the Company pursuant to those obligations require Employee to refrain from accepting employment or other work he or she has been offered that the Company, in its discretion, believes would violate Employee’s obligations, the Company shall pay Employee an amount equal to sixty percent (60%) of Employee’s weekly base pay as of the date of Employee’s termination from the Company (“Non-Competition Payment”). The Non-Competition Payment shall begin when the Company advises Employee of its belief that the proposed employment would violate the Employee’s non-compete obligations and shall continue throughout the remaining duration of the Restricted Period. The Non-Competition Payment shall be paid in accordance with the Company’s customary pay practices in effect at the time each payment is made, and shall be reduced by (a) the amount of severance, if any, that Employee receives from the Company; and (b) the amount of any pay received during the Restricted Period from employment in any capacity to the extent that any such salary exceeds forty percent (40%) of Employee’s base pay as of the date of Employee’s termination from employment, annualized or pro-rated to correspond with the remaining portion of the Restricted Period following the job offer. (By way of example, assuming an Employee’s remaining Restricted Period following a job offer is six (6) months and that his or her base pay at the time of termination was $100,000, the Non-Competition Payment would not be reduced unless the salary earned by the Employee during the Restricted Period exceeded $20,000. In the event the salary earned during the Restricted Period exceeds this threshold, the Non-Competition Payment will be reduced, or eliminated, pro rata.).
Appears in 5 contracts
Samples: Employee Confidentiality, Non Competition, and Non Solicitation Agreement, Employee Confidentiality, Non Competition, and Non Solicitation Agreement (Under Armour, Inc.), Employee Confidentiality, Non Competition, and Non Solicitation Agreement (Under Armour, Inc.)
Additional Consideration. As additional consideration for the Non-Competition noncompete obligations described in Paragraph 4 above, should the Company pursuant to those obligations require Employee to refrain from accepting employment or other work he or she Employee has been offered that the Company, in its discretion, believes would violate Employee’s obligations, the Company shall pay Employee an amount equal to sixty percent (60%) of Employee’s weekly base pay as of the date of Employee’s termination from the Company UA (“Non-Competition Payment”). The Non-Competition Payment shall begin when the Company advises Employee of its belief that the proposed employment would violate the Employee’s non-compete obligations and shall continue throughout the remaining duration of the Non-Competition Restricted Period. The Non-Competition Payment shall be paid in accordance with the Company’s customary pay practices in effect at the time each payment is made, and shall be reduced by (a) the amount of severance, if any, that Employee receives from the Company; , and (b) the amount of any pay received during the Non-Competition Restricted Period from employment in any capacity to the extent that any such salary exceeds forty percent (40%) of Employee’s base pay as of the date of Employee’s termination from employment, annualized or pro-rated to correspond with the remaining portion of the Non-Competition Restricted Period following the job offer. (By way of example, assuming an Employeeemployee’s remaining Non-Competition Restricted Period following a job offer is six (6) months and that his or her employee’s base pay at the time of termination was $100,000, the Non-Competition Payment would not be reduced unless the salary earned by the Employee during the Non-Competition Restricted Period exceeded $20,000. In the event the salary earned during the Non-Competition Restricted Period exceeds this threshold, the Non-Competition Payment will be reduced, or eliminated, pro rata.).
Appears in 3 contracts
Samples: Executive Employee Confidentiality, Non Competition, and Non Solicitation Agreement (Under Armour, Inc.), Executive Employee Confidentiality, Non Competition, and Non Solicitation Agreement (Under Armour, Inc.), Employee Confidentiality, Non Competition, and Non Solicitation Agreement (Under Armour, Inc.)
Additional Consideration. As additional consideration for the Non-Competition obligations described in Paragraph 4 above, should the Company pursuant to those obligations require Employee to refrain from accepting employment or other work he or she has been offered that the Company, in its discretion, believes would violate Employee’s obligations, the Company shall pay Employee an amount equal to sixty percent (60%) of Employee’s weekly base pay as of the date of Employee’s termination from the Company (“Non-Competition Payment”). The Non-Competition Payment shall begin when the Company advises Employee of its belief that the proposed employment would violate the Employee’s non-compete obligations and shall continue throughout the remaining duration of the Restricted Period. The Non-Competition Payment shall be paid in accordance with the Company’s customary pay practices in effect at the time each payment is made, and shall be reduced by (a) the amount of severance, if any, that Employee receives from the Company; and (b) the amount of any pay received during the Restricted Period from employment in any capacity to the extent that any such salary exceeds forty percent (40%) of Employee’s base pay as of the date of Employee’s termination from employment, annualized or pro-rated to correspond with the remaining portion of the Restricted Period following the job offer. (By way of example, assuming an Employee’s remaining Restricted Period following a job offer is six (6) months and that his or her base pay at the time of termination was $100,000, the Non-Competition Payment would not be reduced unless the salary earned by the Employee during the Restricted Period exceeded $20,000. In the event the salary earned during the Restricted Period exceeds this threshold, the Non-Competition Payment will be reduced, or eliminated, pro rata.). Any consideration paid to Employee pursuant to Sections 7(f) and 7(g) of the Employment Agreement satisfies the Non-Competition Payment.
Appears in 2 contracts
Samples: Restricted Stock Unit Grant Agreement, Restricted Stock Unit Grant Agreement (Under Armour, Inc.)
Additional Consideration. As additional consideration for the Non-Competition obligations described in Paragraph 4 above, should the Company pursuant to those obligations require Employee to refrain from accepting employment or other work he or she has been offered that the Company, in its discretion, believes would violate Employee’s obligations, the Company shall pay Employee an amount equal to sixty percent (60%) of Employee’s weekly base pay as of the date of Employee’s termination from the Company (“Non-Competition Payment”). The Non-Competition Payment shall begin when the Company advises Employee of its belief that the proposed employment would violate the Employee’s non-compete obligations and shall continue throughout the remaining duration of the Restricted Period. The Non-Competition Payment shall be paid in accordance with the Company’s customary pay practices in effect at the time each payment is made, and shall be reduced by (a) the amount of severance, if any, that Employee receives from the CompanyCompany (including, for the avoidance of doubt, any amount the Employee receives pursuant to Section 8 of this Agreement); and (b) the amount of any pay received during the Restricted Period from employment in any capacity to the extent that any such salary exceeds forty percent (40%) of Employee’s base pay as of the date of Employee’s termination from employment, annualized or pro-rated to correspond with the remaining portion of the Restricted Period following the job offer. (By way of example, assuming an Employee’s remaining Restricted Period following a job offer is six (6) months and that his or her base pay at the time of termination was $100,000, the Non-Competition Payment would not be reduced unless the salary earned by the Employee during the Restricted Period exceeded $20,000. In the event the salary earned during the Restricted Period exceeds this threshold, the Non-Competition Payment will be reduced, or eliminated, pro rata.).
Appears in 1 contract
Samples: Employee Confidentiality, Non Competition, and Non Solicitation Agreement (Under Armour, Inc.)
Additional Consideration. As additional consideration for the Non-Competition noncompete obligations described in Paragraph 4 above4, should the Company pursuant to those obligations require if UA requires Employee to refrain from accepting employment or other work he or she Employee has been offered that the Companyin writing (and has provided such offer to UA) because UA, in its sole discretion, believes such employment or other work would violate Employee’s obligationsobligations in Paragraph 4, the Company UA shall pay Employee an amount equal to sixty percent (60%) of Employee’s weekly base pay as of the date of Employee’s termination from the Company Termination Date (“Non-Competition Noncompetition Payment”), assuming Employee does not take on such employment or other work until the end of the Noncompetition Restricted Period and otherwise continues to comply with the terms of this Agreement. The Non-Competition Noncompetition Payment shall will begin when as of the Company day UA advises Employee of its belief that the proposed employment or other work would violate the Employee’s non-compete noncompete obligations and shall in Paragraph 4. The Noncompetition Payment will continue throughout the remaining duration of the Noncompetition Restricted Period. The Non-Competition Noncompetition Payment shall will be paid to Employee by UA in accordance with the CompanyUA’s customary pay practices in effect at the time each payment is made, and shall will be reduced by (a) the amount of severance, if any, that Employee receives from the Company; and (b) the amount of any pay received during the Noncompetition Restricted Period from employment in any capacity to the extent that any such salary exceeds forty percent (40%) of Employee’s base pay as of the date of Employee’s termination from employmentemployment at UA, annualized or pro-rated to correspond with the remaining portion of the Noncompetition Restricted Period following the job offer. (By way of example, assuming an Employeeemployee’s remaining Noncompetition Restricted Period following a job offer is six (6) months and that his or her employee’s base pay at the time of termination was $100,000, the Non-Competition Noncompetition Payment would not be reduced unless the salary pay earned by the Employee during the Noncompetition Restricted Period exceeded $20,000. In the event the salary pay earned during the Noncompetition Restricted Period exceeds this threshold, the Non-Competition Noncompetition Payment will be reduced, or eliminated, pro rata). If UA learns, at any time, that Employee has accepted employment or work, despite the advisement of UA, UA’s obligation to provide the Noncompetition Payment will cease immediately and UA will be entitled to recover all of the Noncompetition Payment previously paid by UA to Employee. If Employee is subject to the Under Armour, Inc. Clawback Policy or any other “clawback” provision or policy required by applicable law or New York Stock Exchange listing standard as in effect from time to time, UA may withhold, delay or reduce all or part of the Noncompetition Payment in connection with enforcing such applicable policy or law, including to offset any repayment that may be required by such applicable policy or law.).
Appears in 1 contract
Additional Consideration. As additional consideration for the Non-Competition obligations described in Paragraph 4 above, should the Company pursuant to those obligations require Employee to refrain from accepting employment or other work he or she has been offered that the Company, in its discretion, believes would violate Employee’s obligations, the Company shall pay Employee an amount equal to sixty percent (60%) of Employee’s weekly base pay as of the date of Employee’s termination from the Company (“Non-Competition Payment”). The Non-Competition Payment shall begin when the Company advises Employee of its belief that the proposed employment would violate the Employee’s non-compete obligations and shall continue throughout the remaining duration of the Restricted Period. The Non-Competition Payment shall be paid in accordance with the Company’s customary pay practices in effect at the time each payment is made, and shall be reduced by (a) the amount of severance, if any, that Employee receives from the Company; and (b) the amount of any pay received during the Restricted Period from employment in any capacity to the extent that any such salary exceeds forty percent (40%) of Employee’s base pay as of the date of Employee’s termination from employment, annualized or pro-rated to correspond with the remaining portion of the Restricted Period following the job offer. (By way of example, assuming an Employee’s remaining Restricted Period following a job offer is six (6) months and that his or her base pay at the time of termination was $100,000, the Non-Competition Payment would not be reduced unless the salary earned by the Employee during the Restricted Period exceeded $20,000. In the event the salary earned during the Restricted Period exceeds this threshold, the Non-Competition Payment will be reduced, or eliminated, pro rata.)].
Appears in 1 contract
Samples: Employee Confidentiality, Non Competition, and Non Solicitation Agreement (Under Armour, Inc.)