Common use of Anticipatory Termination Clause in Contracts

Anticipatory Termination. “Anticipatory Termination” shall mean a termination of the Employee’s employment prior to a Change of Control (other than a termination for Cause) which is determined to (i) be at the request of a third party who has indicated an intention or taken steps reasonably calculated to effect a Hostile Takeover or Change of Control and who subsequently effectuates a Hostile Takeover or Change of Control or (ii) have otherwise occurred in connection with, or in anticipation of, a Hostile Takeover or Change of Control which actually occurs, and in either (i) or (ii), such Hostile Takeover or Change of Control constitutes a change in the ownership or effective control of the Company or a change in the ownership of a substantial portion of the assets of the Company, as described in Treasury Regulation Section 1.409A-3(i)(5).