Advance Notice Generally Required. (1) To terminate your employment before the end of the Employment Period, either you or TWPG Inc. must provide a Termination Notice to the other. A “Termination Notice” is a written notice that states the specific provision of this Agreement on which termination is based, including, if applicable, the specific clause of the definition of Cause or Good Reason and a reasonably detailed description of the facts that permit termination under that clause. The failure to include any fact in a Termination Notice that contributes to a showing of Cause or Good Reason does not preclude either party from asserting that fact in enforcing its rights under this Agreement. (2) You and TWPG Inc. agree to provide 90 days’ advance Termination Notice of any termination prior to the end of the Employment Period or prior to any non-extension of the Employment Period in accordance with Section 2, unless your employment is terminated by TWPG Inc. “for Cause” (in which case TWPG Inc. shall be required to provide you with thirty (30) days’ notice of such termination, if curable) or because of your death. Accordingly, the effective date of early termination of your employment will be 90 days after Termination Notice is given except that (A) the effective date will be thirty (30) days following the date of TWPG Inc.’s Termination Notice if your employment is terminated by TWPG Inc. “for Cause” if the reason(s) set forth on the Termination Notice are curable (as per Section 7(b)(4) of this Agreement), and if not curable, the date of TWPG Inc.’s Termination Notice, although TWPG Inc. may provide a later effective date in the Termination Notice, (B) the effective date will be 30 days after Termination Notice is given if your employment is terminated because of your Disability, and (C) the effective date will be the time of your death if your employment is terminated because of your death. TWPG Inc. may elect to place you on paid leave for all or part of the advance notice period. Notwithstanding this Section 7(e)(2), if you die or have experienced a Disability during your employment but after you provide a valid Termination Notice with Good Reason or TWPG Inc. provides Termination Notice without Cause, your termination will be treated as a termination with Good Reason, effective as of the date of your death or Disability. The effective date of termination of your employment is referred to as the “Date of Termination” in this Agreement; provided that for the purposes of the date and timing of any form of payment or any delay period under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), Date of Termination shall mean the date you have experienced a separation from service within the meaning of Section 409A.
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Samples: President Employment Agreement (Thomas Weisel Partners Group, Inc.), Employment Agreement (Thomas Weisel Partners Group, Inc.)
Advance Notice Generally Required. (1) To terminate your employment before the end of the Employment your Compensation Period, either you or TWPG Inc. the Company must provide a Termination Notice to the other. A “Termination Notice” is a written notice that states the specific provision of this Agreement on which termination is based, including, if applicable, the specific clause of the definition of Cause or Good Reason and a reasonably detailed description of the facts that permit termination under that clause. (The failure to include any fact in a Termination Notice that contributes to a showing of Cause or Good Reason does not preclude either party from asserting that fact in enforcing its rights under this Agreement.)
(2) You and TWPG Inc. the Company agree to provide 90 ninety (90) days’ advance Termination Notice of any early termination prior to (although the Company may accelerate the end of the Employment Period or prior to any non-extension of the Employment Period in accordance your employment by providing you with Section 2notice), unless your employment is terminated by TWPG Inc. “the Company for Cause” (in which case TWPG Inc. shall be required to provide you with thirty (30) days’ notice of such termination, if curable) Cause or because of your Disability or death. Accordingly, the effective date of early termination of your employment will be 90 ninety (90) days after Termination Notice is given (unless the Company elects to accelerate the end of your employment) except that that
(A) the effective date will be the date of the Company’s Termination Notice if your employment is terminated by the Company for Cause, although the Company may provide a later effective date in the Termination Notice,
(B) the effective date will be thirty (30) days following the date of TWPG Inc.’s Termination Notice if your employment is terminated by TWPG Inc. “for Cause” if the reason(s) set forth on the Termination Notice are curable (as per Section 7(b)(4) of this Agreement), and if not curable, the date of TWPG Inc.’s Termination Notice, although TWPG Inc. may provide a later effective date in the Termination Notice, (B) the effective date will be 30 days after Termination Notice is given if your employment is terminated because of your Disability, and and
(C) the effective date will be the time of your death if your employment is terminated because of your death. TWPG Inc. The Company may elect to place you on paid leave for all or part of the advance notice period. Notwithstanding this Section 7(e)(2), if you die or have experienced a Disability during your employment but after you provide a valid Termination Notice with Good Reason or TWPG Inc. provides Termination Notice without Cause, your termination will be treated as a termination with Good Reason, effective as of the date of your death or Disability. .
(3) The effective date of termination of your employment is referred to herein as the “Date of Termination” in this Agreement; provided that for the purposes of the date and timing of any form of payment or any delay period under Section 409A of the Internal Revenue Code of 1986, as amended (the “CodeTermination Date”), Date of Termination shall mean the date you have experienced a separation from service within the meaning of Section 409A..
Appears in 1 contract
Advance Notice Generally Required. (1) To terminate your employment before the end of the Employment Period, either you or TWPG Inc. must provide a Termination Notice to the other. A “Termination Notice” is a written notice that states the specific provision of this Agreement on which termination is based, including, if applicable, the specific clause of the definition of Cause or Good Reason and a reasonably detailed description of the facts that permit termination under that clause. The failure to include any fact in a Termination Notice that contributes to a showing of Cause or Good Reason does not preclude either party from asserting that fact in enforcing its rights under this Agreement.
(2) You and TWPG Inc. agree to provide 90 days’ advance Termination Notice of any termination prior to the end of the Employment Period or prior to any non-extension of the Employment Period in accordance with Section 2, unless your employment is terminated by TWPG Inc. “for Cause” Cause (in which case TWPG Inc. shall be required to provide you with thirty (30) days’ notice of such termination, if curable) or because of your death. Accordingly, the effective date of early termination of your employment will be 90 days after Termination Notice is given except that (A) the effective date will be thirty (30) days following the date of TWPG Inc.’s Termination Notice if your employment is terminated by TWPG Inc. “for Cause” Cause if the reason(s) set forth on the Termination Notice are curable (as per Section 7(b)(4) of this Agreement), and if not curable, the date of TWPG Inc.’s Termination Notice, although TWPG Inc. may provide a later effective date in the Termination Notice, (B) the effective date will be 30 days after Termination Notice is given if your employment is terminated because of your Disability, and (C) the effective date will be the time of your death if your employment is terminated because of your death. TWPG Inc. may elect to place you on paid leave for all or part of the advance notice period. Notwithstanding this Section 7(e)(2), if you die or have experienced a Disability during your employment but after you provide a valid Termination Notice with Good Reason or TWPG Inc. provides Termination Notice without Cause, your termination will be treated as a termination with Good Reason, effective as of the date of your death or Disability. The effective date of termination of your employment is referred to as the “Date of Termination” in this Agreement; provided that for the purposes of the date and timing of any form of payment or any delay period under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), Date of Termination shall mean the date you have experienced a separation from service within the meaning of Section 409A.
Appears in 1 contract
Samples: Employment Agreement (Thomas Weisel Partners Group, Inc.)
Advance Notice Generally Required. (1) To terminate your employment before the end of the Employment Period, either you or TWPG Inc. must provide a Termination Notice to the other. A “Termination Notice” is a written notice that states the specific provision of this Agreement on which termination is based, including, if applicable, the specific clause of the definition of Cause or Good Reason and a reasonably detailed description of the facts that permit termination under that clause. The failure to include any fact in a Termination Notice that contributes to a showing of Cause or Good Reason does not preclude either party from asserting that fact in enforcing its rights under this Agreement.
(2) You and TWPG Inc. agree to provide 90 days’ advance Termination Notice of any termination prior to the end of the Employment Period or prior to any non-extension of the Employment Period in accordance with Section 2, unless your employment is terminated by TWPG Inc. “for Cause” (in which case TWPG Inc. shall be required to provide you with thirty (30) days’ notice of such termination, if curable) Cause or because of your Disability or death. Accordingly, the effective date of early termination of your employment will be 90 days after Termination Notice is given except that (A) the effective date will be thirty (30) days following the date of TWPG Inc.’s Termination Notice if your employment is terminated by TWPG Inc. “for Cause” if the reason(s) set forth on the Termination Notice are curable (as per Section 7(b)(4) of this Agreement), and if not curable, the date of TWPG Inc.’s Termination Notice, although TWPG Inc. may provide a later effective date in the Termination Notice, (B) the effective date will be 30 days after Termination Notice is given if your employment is terminated because of your Disability, and (C) the effective date will be the time of your death if your employment is terminated because of your death. TWPG Inc. may elect to place you on paid leave for all or part of the advance notice period. Notwithstanding this Section 7(e)(28(e)(2), if you die or have experienced a Disability become Disabled during your employment but after you provide a valid Termination Notice with Good Reason or TWPG Inc. provides Termination Notice without Cause, your termination will be treated as a termination with Good Reason, effective as of the date of your death or Disability. The effective date of termination of your employment is referred to as the “Date of Termination” in this Agreement; provided that for .
(3) Within five (5) business days following the purposes delivery of a Termination Notice by you to the date and timing of any Firm or by the Firm to you, the Firm will provide you with a draft form of payment a separation agreement and you and the Firm agree to use all reasonable efforts to finalize the terms of that separation agreement on or any delay period under Section 409A of before the Internal Revenue Code of 1986, as amended (the “Code”), Date of Termination shall mean the date you have experienced a separation from service within the meaning of Section 409A.Termination.
Appears in 1 contract
Samples: Ceo Employment Agreement (Thomas Weisel Partners Group, Inc.)
Advance Notice Generally Required. (1) To terminate your employment before the end of the Employment Periodemployment, either you or TWPG Inc. MF Global must provide a Termination Notice to the other. A “Termination Notice” is a written notice that states the specific provision of this Agreement on which termination is based, including, if applicable, the specific clause of the definition of Cause or Good Reason and a reasonably detailed description of the facts that permit termination under that clause. The ; provided that the failure to include any fact in a Termination Notice that contributes to a showing of Cause or Good Reason does not preclude either party from asserting that fact in enforcing its rights under this Agreement.
(2) You and TWPG Inc. MF Global agree to provide 90 60 days’ advance Termination Notice of any termination prior to the end of the Employment Period or prior to any non-extension of the Employment Period in accordance with Section 2termination, unless your employment is terminated by TWPG Inc. “MF Global for Cause” (in which case TWPG Inc. shall be required to provide you with thirty (30) days’ notice of such termination, if curable) Cause or because of your deathDisability or death or by you with Good Reason. Accordingly, the effective date of early termination of your employment will be 90 60 days after Termination Notice is given except that (A) the effective date will be thirty (30) days following the date of TWPG Inc.MF Global’s Termination Notice if your employment is terminated by TWPG Inc. “MF Global for Cause” if the reason(s) set forth on the Termination Notice are curable (as per Section 7(b)(4) of this Agreement), and if not curable, the date of TWPG Inc.’s Termination Notice, although TWPG Inc. MF Global may provide a later effective date in the Termination Notice, (B) the effective date will be 30 days after Termination Notice is given if your employment is terminated because of your Disability, and (C) the effective date will be the time of your death if your employment is terminated because of your death, and (D) the effective date will be 30 days after Termination Notice is given by you for a Good Reason event (however, if MF Global timely cures pursuant to Section 6(b)(2), then you must either withdraw the Termination Notice or convert it to a notice of termination without Good Reason, which would be effective 60 days after you gave the notice to MF Global). TWPG Inc. Notwithstanding the foregoing, MF Global may elect elect, in its sole discretion, to place you on paid leave for waive all or any part of the advance notice period. Notwithstanding this Section 7(e)(2), period if you die or have experienced a Disability during terminate your employment but after you provide a valid Termination Notice with Good Reason or TWPG Inc. provides Termination Notice without Cause, your termination will be treated as a termination with Good Reason, effective as of the date of your death or Disability. The effective date of termination of your employment is referred to as the “Date of Termination” in this Agreement; provided that for the purposes of the date and timing of any form of payment or any delay period under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), Date of Termination shall mean the date you have experienced a separation from service within the meaning of Section 409A.Xxx X. Xxxxxxx Page 6
Appears in 1 contract
Samples: Employment Agreement