Common use of After-Acquired Evidence Clause in Contracts

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, in the event that the Company determines that Employee is eligible to receive the Severance Payment pursuant to Section 7(f) but, after such determination, the Company subsequently acquires evidence or determines that: (i) Employee has failed to abide by the terms of Sections 9, 10 or 11; or (ii) a Cause condition existed prior to the Termination Date that, had the Company been fully aware of such condition, would have resulted in the termination of Employee’s employment pursuant to Section 7(a), then the Company shall have the right to cease the payment of any portion of the Severance Payment that has not been paid and Employee shall promptly return to the Company any portion of the Severance Payment received by Employee prior to the date that the Company determines that the conditions of this Section 7(g) have been satisfied.

Appears in 6 contracts

Samples: Employment Agreement (Rosehill Resources Inc.), Employment Agreement (Rosehill Resources Inc.), Employment Agreement (Rosehill Resources Inc.)

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After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, in the event that the Company determines that Employee Executive is eligible to receive the Severance Payment pursuant to Section 7(f7(f)(ii) but, after such determination, the Company subsequently acquires evidence or determines that: (i) Employee Executive has failed to abide by the terms of Sections 9, 10 10, or 11; or (ii) a Cause condition existed prior to the Termination Date that, had the Company been fully aware of such condition, would have resulted in given the termination of EmployeeCompany the right to terminate Executive’s employment pursuant to Section 7(a), then the Company shall have the right to cease the payment of any portion future installments of the Severance Payment that has not been paid and Employee Executive shall promptly return to the Company any portion all installments of the Severance Payment received by Employee Executive prior to the date that the Company determines that the conditions of this Section 7(g) have been satisfied.

Appears in 3 contracts

Samples: Employment Agreement (RumbleOn, Inc.), Employment Agreement (RumbleOn, Inc.), Employment Agreement (RumbleOn, Inc.)

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, in the event that the Company determines that Employee is eligible to receive the Severance Payment pursuant to Section 7(f) but, after such determination, the Company subsequently acquires evidence or determines that: (i) Employee has failed to abide by the terms of Sections 9, 10 10, or 11; or (ii) a Cause condition existed prior to the Termination Date that, had the Company been fully aware of such condition, would have resulted in given the termination of Company the right to terminate Employee’s employment pursuant to Section 7(a), then the Company shall have the right to cease the payment of any portion future installments of the Severance Payment that has not been paid and Employee shall promptly seek the return to the Company any portion of all installments of the Severance Payment received by Employee prior to the date that the Company such court lawfully determines that the conditions of this Section 7(g) have been satisfied.

Appears in 3 contracts

Samples: Employment Agreement (Roan Resources, Inc.), Employment Agreement (Roan Resources, Inc.), Employment Agreement (Roan Resources, Inc.)

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, in the event that the Company determines that Employee is eligible to receive the Severance Payment pursuant to Section 7(f) but, within one (1) year after such determination, the Company subsequently acquires evidence or determines that: (i) Employee has failed to abide by the terms of Sections 9, 10 or 11; or (ii) a Cause condition existed prior to the Termination Date that, had the Company been fully aware of such condition, would have resulted in the termination of Employee’s employment pursuant to Section 7(a), then the Company shall have the right to cease the payment of any portion future installments of the Severance Payment that has not been paid and Employee shall promptly return to the Company any portion all installments of the Severance Payment received by Employee prior to the date that the Company determines that the conditions of this Section 7(g) have been satisfied.

Appears in 3 contracts

Samples: Employment Agreement (EP Energy LLC), Employment Agreement (EP Energy LLC), Employment Agreement (EP Energy LLC)

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, in the event that the Company determines that Employee is eligible to receive the Severance Payment Amount pursuant to Section 7(f6(f) but, after such determination, the Company subsequently acquires evidence or determines that: (i) Employee has failed to abide by the terms of Sections 98, 10 9 or 1110; or (ii) a Cause condition existed prior to the Termination Date that, had the Company been fully aware of such condition, would have resulted in given the termination of Company the right to terminate Employee’s employment pursuant to Section 7(a6(a), then the Company shall have the right to cease the payment of any portion future installments of the Severance Payment that has not been paid Amount and Employee shall promptly return to the Company any portion all installments of the Severance Payment Amount received by Employee prior to the date that the Company determines that the conditions of this Section 7(g6(g) have been satisfied.

Appears in 2 contracts

Samples: Employment Agreement (ProPetro Holding Corp.), Employment Agreement (ProPetro Holding Corp.)

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After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, in the event that the Company determines that Employee is eligible to receive the Severance Payment Benefits pursuant to Section 7(f) but, after such determination, the Company subsequently acquires evidence or determines that: (i) Employee has failed to abide by the terms of Sections 9, 10 or 11; or (ii) a Cause condition existed prior to the Termination Date that, had the Company been fully aware of such condition, would have resulted in given the termination of Company the right to terminate Employee’s employment pursuant to Section 7(a), then the Company shall have the right to cease the payment of any portion of providing the Severance Payment that has not been paid Benefits and Employee shall promptly return to the Company any portion of the all Severance Payment Benefits received by Employee prior to the date that the Company determines that the conditions of this Section 7(g) have been satisfied.

Appears in 1 contract

Samples: Employment Agreement (Flotek Industries Inc/Cn/)

After-Acquired Evidence. Notwithstanding any provision of this Agreement to the contrary, in the event that the Company determines that Employee is eligible to receive the Severance Payment pursuant to Section 7(f) 2.1 but, after such determination, the Company subsequently acquires evidence or determines that: (i) Employee has failed to abide by the terms of Sections 9, 10 Article III or 11Article IV; or (ii) a Cause condition existed prior to the Date of Termination Date that, had the Company been fully aware of such condition, would have resulted in given the termination of Company the right to terminate Employee’s employment pursuant to Section 7(a)for Cause, then the Company shall have the right to cease the payment of any portion future installments of the Severance Payment that has not been paid and Employee shall promptly return to the Company any portion all installments of the Severance Payment received by Employee prior to the date that the Company determines that the conditions of this Section 7(g) 2.5 have been satisfied.

Appears in 1 contract

Samples: Retention, Confidentiality and Non Compete Agreement (Group 1 Automotive Inc)

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