AT THE ELECTION OF THE COMPANY FOR CAUSE Sample Clauses

AT THE ELECTION OF THE COMPANY FOR CAUSE. The Company may, immediately and unilaterally, terminate the Employee's employment hereunder for Cause at any time during the term of this Agreement. Termination of the Employee's employment by the Company shall constitute a termination for Cause under this Agreement if such termination is for one or more of the following reasons, as found by the IFSC Board by a resolution duly adopted in good faith by a majority of its members after notice to the Employee and an opportunity to be heard before the IFSC Board with counsel. As used herein, "Cause" shall mean:
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AT THE ELECTION OF THE COMPANY FOR CAUSE. The Company may, immediately and unilaterally, terminate the Employee’s employment under this Agreement for “Cause” at any time during the term of this Agreement without any prior written notice to the Employee. Termination by the Company shall constitute a termination for Cause under this Section 6(C) if such termination is for one or more of the following causes:
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AT THE ELECTION OF THE COMPANY FOR CAUSE. The Company may, immediately and unilaterally, terminate the Executive’s employment hereunder “for cause” at any time during the term of this Agreement without any prior written notice to the Executive. Termination of the Executive’s employment by the Board of Directors of the Company shall constitute a termination “for cause” under this Section 7(D) if such termination is for one or more of the following causes:
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AT THE ELECTION OF THE COMPANY FOR CAUSE. The Company may, immediately and unilaterally, terminate the Executive's employment hereunder "for cause" at any time during the term of this Agreement upon written notice to the Executive, but only after a determination to so terminate the Executive has been made by a decision approved by all members of the Board of Directors of the Company at a meeting duly noticed and held with an opportunity for the Executive to be heard. Termination of the Executive's employment by the Company shall constitute a termination "for cause" under this Section 4(A) if such termination is for one or more of the following causes: (i) intentional misconduct causing material damage to the Company; (ii) any act of fraud, misappropriation, misfeasance, malfeasance or knowing breach of fiduciary duty; (iii) conviction of a felony, or, repeated habitual drunkenness or drug addiction; (iv) continue gross negligence in the conduct or management of the Company not remedied within 30 days after receipt of written notice from the Company; (v) willful refusal to perform the duties reasonably assigned to the Employee by the Board of Directors; (vi) willful and material breach by the Executive of Sections 6, 7 or 8 of this Agreement, or (vii) breach by the Executive of any other material provision of this Agreement in any material respect not remedied within 30 days after receipt of written notice from the Company. Any notice given by the Company pursuant to this Section shall describe the activities which, in the Company's opinion, constitute cause and such state that the Company believes that such activities constitute cause under this Agreement. In the event of a termination "for cause' pursuant to the provisions of causes (i) through (vii) above, inclusive, the Executive shall be entitled to no payment or other benefits, and shall have no further rights under this Agreement. Notwithstanding the foregoing, the Executive shall retain any stock options granted to the Executive prior to the date of such termination pursuant to Section 2(C) hereof.
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AT THE ELECTION OF THE COMPANY FOR CAUSE. The Company may, immediately and unilaterally, terminate the Employee's employment hereunder for "Cause" at any time during the term of this Agreement by giving to the Employee written notice of such termination ten (10) days prior to the effective date of termination. The Company may pay Employee for this ten (10) day period in lieu of such notice. Termination of the Employee's employment by the Company shall constitute a termination for "Cause" if such termination is for one or more of the following causes:
Sample 1
AT THE ELECTION OF THE COMPANY FOR CAUSE. The Company may, immediately and unilaterally, terminate Executive’s employment immediately hereunder for Cause (defined below) at any time during the term of this Agreement upon written notice to Executive. As used herein, “Cause” shall mean conduct involving one or more of the following: (A) the substantial and continuing failure of the Executive to render services to the Company in accordance with the Participant’s obligations and position with the Company after 30 days’ notice from the CEO, such notice setting forth in reasonable detail the nature of such failure, and in the event the Executive fails to cure such breach or failure within 30 days of notice, if such breach or failure is capable of cure; (B) dishonesty, gross negligence, breach of fiduciary duty; (C) the commission by the Executive of an act of fraud or embezzlement, as found by a court of competent jurisdiction, which results in material loss, damage or injury to the Company or any subsidiary or affiliate, whether directly or indirectly, or the commission by the Executive of any other action with the intent to injure materially the Company or any subsidiary or affiliate which could, in the reasonable opinion of the CEO of the Company, result in material harm to the Company or any subsidiary or affiliate; (D) the conviction of the Executive of a felony, either in connection with the performance of his obligations to the Company, subsidiary or affiliate or which shall materially adversely affect the Executive’s ability to perform his obligations to the Company, subsidiary or affiliate; or (E) material breach of the terms of this Agreement or any other agreement with the Company or any subsidiary or affiliate, provided that the Company or any subsidiary or affiliate provides the Executive with notice of such breach and the Executive fails to cure such breach within thirty (30) days after receipt of such notice.
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Related to AT THE ELECTION OF THE COMPANY FOR CAUSE

  • By the Company for Cause The Company may terminate the Executive’s employment hereunder for Cause at any time upon notice to the Executive setting forth in reasonable detail the nature of such Cause. The following, as determined by the Board in its reasonable judgment, shall constitute Cause for termination:

  • Resignation from the Company for Good Reason Executive may resign Executive’s employment with the Company for Good Reason, as defined below.

  • By the Company For Cause or By Executive Resignation Without Good Reason (i) The Employment Term and Executive's employment hereunder may be terminated by the Company for Cause (as defined below) and shall terminate automatically upon Executive's resignation without Good Reason (as defined in Section 7(c)).

  • By Company for Cause Company may terminate this Agreement and Executive’s employment at any time for Cause. Notwithstanding the foregoing provisions of this Section 5, in the event Executive’s employment is terminated because of Cause, Company shall have no obligations pursuant to this Agreement after the Date of Termination other than for Base Compensation accrued but unpaid through the Date of Termination (defined by Section 5(f) below) and reimbursement of business expenses properly incurred but unreimbursed (to the extent reimbursable) prior to Date of Termination. For purposes herein, “Cause” means (A) Executive’s gross negligence, gross neglect or willful misconduct in the performance of the duties required hereunder that results in a material adverse effect on Company, (B) Executive’s conviction for, deferred adjudication of, or plea of no contest or nolo contendere to a felony, or (C) Executive’s material breach of any material provision of this Agreement. Notwithstanding the foregoing, prior to any termination for Cause under clauses (A) or (C) of the preceding sentence, (X) Company must provide Executive with reasonable notice of not less than ten (10) business days detailing the failure or conduct on which the termination is to be based, (Y) Company must provide Executive a reasonable opportunity to cure such failure or conduct, and (Z) after such notice and an opportunity to cure, the Board must reasonably determine that Executive has not cured such failure or conduct. Executive shall not be deemed to have been terminated for Cause unless and until Executive has been provided an opportunity to be heard in person by the Board (with the assistance of Executive’s counsel if Executive so desires) on at least five business days’ advance notice, and the Board must unanimously approve the termination of Executive for Cause.

  • Termination for Cause, or Termination Upon Death, Disability or Resignation from the Company Without Good Reason If Executive’s employment shall terminate as a result of Executive’s death pursuant to Section 3(a)(i) or Disability pursuant to Section 3(a)(ii), pursuant to Section 3(a)(iii) for Cause, or pursuant to Section 3(a)(vi) for Executive’s resignation from the Company without Good Reason, then Executive shall not be entitled to any severance payments or benefits, except as provided in Section 3(c).

  • SEVERANCE COMPENSATION IN THE EVENT OF A TERMINATION OTHER THAN FOR CAUSE In the event of a Termination Other Than for Cause, the Employee shall be paid as severance compensation his Base Salary (at the rate payable at the time of such termination) for a period of twelve (12) months from the date of such termination, on the dates specified in Section 3.1, and Employee shall also be paid an amount equal to the average annual bonus earned by the Employee as an employee of Avocent Corporation and its affiliates and predecessors in the two (2) years immediately preceding the date of termination. Notwithstanding anything in this Section 4.2 to the contrary, the Employee may in the Employee’s sole discretion, by delivery of a notice to the Employer within thirty (30) days following a Termination Other Than for Cause, elect to receive from the Employer a lump sum severance payment by bank cashier’s check equal to the present value of the flow of cash payments that would otherwise be paid to the Employee pursuant to this Section 4.2. Such present value shall be determined as of the date of delivery of the notice of election by the Employee and shall be based on a discount rate equal to the interest rate on 90-day U.S. Treasury bills, as reported in The Wall Street Journal (or similar publication), on the date of delivery of the election notice. If the Employee elects to receive a lump sum severance payment, Avocent Corporation shall cause the Employer to make such payment to the Employee within ten (10) days following the date on which the Employee notifies the Employer of the Employee’s election. The Employee shall also be entitled to have the vesting of any awards granted to the Employee under any AHC or Avocent stock option plans fully accelerated. The Employee shall be provided with medical plan benefits under any health plans of Avocent or Employer in which the Employee is a participant to the full extent of the Employee’s rights under such plans for a period of twelve (12) months from the date of such Termination Other Than for Cause (even if Employee elects to receive a lump sum severance payment).

  • Termination by Company for Cause Subject to Section 3.2, the Company may terminate Employee’s employment and all of the Company’s obligations under this Agreement at any time “For Cause” (as defined below) by giving notice to Employee stating the basis for such termination, effective immediately upon giving such notice or at such other time thereafter as the Company may designate. “For Cause” shall mean any of the following: (i) Employee’s willful and continued failure to substantially perform the reasonably assigned duties with the Company which are consistent with Employee’s position and job description referred to in this Agreement, other than any such failure resulting from incapacity due to physical or mental illness, after a written notice is delivered to Employee by the Board of Directors of the Company which specifically identifies the manner in which Employee has not substantially performed the assigned duties and allowing Employee thirty (30) days after receipt by Employee of such notice to cure such failure to perform, (ii) material breach of this or any other written agreement between Employee and the Company which is not cured within thirty (30) days after receipt by the Employee from the Company of written notice of such breach, (iii) any material violation of any written policy of the Company which is not cured within thirty (30) days after receipt by Employee from the Company of written notice of such violation, (iv) Employee’s willful misconduct which is materially and demonstrably injurious to the Company, (v) Employee’s conviction by a court of competent jurisdiction of, or his pleading guilty or nolo contendere to, any felony, or (vi) Employee’s commission of an act of fraud, embezzlement, or misappropriation against the Company or any breach of fiduciary duty or breach of the duty of loyalty, including, but not limited to, the offer, payment, solicitation or acceptance of any unlawful bribe or kickback with respect to the Company’s business. For purposes of this paragraph, no act, or failure to act, on Employee’s part shall be considered “willful” unless done, or omitted to be done, in knowing bad faith and without reasonable belief that the action or omission was in, or not opposed to, the best interests of the Company. Any act, or failure to act, expressly authorized by a resolution duly adopted by the Board of Directors or based upon the written advice of counsel for the Company shall be conclusively presumed to be done, or omitted to be done, in good faith and in the best interests of the Company. Notwithstanding the foregoing, Employee shall not be deemed to have been terminated For Cause unless and until there shall have been delivered to Employee a copy of a resolution, duly adopted by the Board of Directors at a meeting of the Board called and held for such purpose (after reasonable notice to Employee and an opportunity for Employee, together with Employee’s counsel, to be heard before the Board), finding that in the good faith opinion of the Board of Directors Employee committed the conduct set forth above in (i), (ii), (iii), (iv), (v) or (vi) of this Section and specifying the particulars thereof in detail.

  • By the Company for Cause or by the Executive Without Good Reason If: (i) the Company terminates the Executive’s employment with the Company for “Cause” (as defined below); or (ii) the Executive voluntarily terminates the Executive’s employment without “Good Reason” (as defined below), the Executive shall be entitled to receive the following:

  • Termination by the Company for Good Cause The Company shall have the right to terminate the employment of the Executive for Good Cause (as such term is defined herein) by written notice to the Executive specifying the particulars of the circumstances forming the basis for such Good Cause.

  • Termination by the Company for Cause or by Executive Without Good Reason If Executive’s employment is terminated by the Company for Cause or by Executive without Good Reason, the Company shall pay Executive all amounts earned or accrued hereunder through the termination date, including:

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