Common use of After your Termination Date Clause in Contracts

After your Termination Date. If there should occur a change in control of the Company (as defined in the Company’s Change in Control Severance Benefit Plan) that qualifies as a change in ownership of the Company or a change in effective control of the Company, or as a change in the ownership of a substantial portion of the assets of the Company under Treasury Regulation 1.409A-3(i)(5)(v), (vi), or (vii) (a “409A CIC”) after your Termination Date, the Company’s sole obligations to you will be, subject to the last sentence of this Section 6.A., to provide the following: (i) to accelerate the payment of any remaining payments to which you may be entitled as of the date of the 409A CIC under Section 2.B.6. and to pay them in a lump sum within five (5) business days after the 409A CIC, and (ii) if the 409A CIC occurs after your Termination Date and prior to the end of the applicable performance period under the FY 2013 STIP, then no amount shall be payable under Section 2.B.2., and you shall be entitled to a lump sum payment equal to the amount that would have been paid to you in respect of the FY 2013 STIP had you remained employed until the date of the 409A CIC pursuant to the relevant transaction documents, if any, multiplied by the Pro-Ration Fraction, such amount payable not later than five (5) business days after the 409A CIC. For avoidance of doubt, a change in control of the Company that is not a 409A CIC shall not affect the timing of payments hereunder.

After your Termination Date. If there should occur a change in control of the Company (as defined in the Company’s Change in Control Severance Benefit Plan) that qualifies as a change in ownership of the Company or a change in effective control of the Company, or as a change in the ownership of a substantial portion of the assets of the Company under Treasury Regulation 1.409A-3(i)(5)(v), (vi), or (vii) (a “409A CIC”) after your Termination Date, the Company’s sole obligations to you will be, subject to the last sentence of this Section 6.A., to provide the following: (i) to accelerate the payment of any remaining payments to which you may be entitled as of the date of the 409A CIC under Section 2.B.6. and to pay them in a lump sum within five (5) business days after the 409A CIC, and (ii) if the 409A CIC occurs after your Termination Date and prior to the end of the applicable performance period under the FY 2013 STIP, then no amount shall be payable under Section 2.B.2., and you shall be entitled to a lump sum payment equal to the amount that would have been paid to you in respect of the FY 2013 STIP had you remained employed until the date of the 409A CIC pursuant to the relevant transaction documents, if any, multiplied by the Pro-Ration Fraction, such amount payable in respect to the FY 2013 STIP not later than five (5) business days after the 409A CIC. For avoidance of doubt, a change in control of the Company that is not a 409A CIC shall not affect the timing of payments hereunder.