Base Amount. For purposes of this Agreement, “Base Amount” shall mean the greater of the Executive’s annual base salary (a) at the rate in effect on the Termination Date or (b) at the highest rate in effect at any time during the ninety (90) day period prior to the Change in Control, and shall include all amounts of base salary that are deferred under the employee benefit plans of the Company or any other agreement or arrangement.
Appears in 4 contracts
Samples: Severance Agreement (Kyphon Inc), Severance Agreement (Kyphon Inc), Severance Agreement (Kyphon Inc)
Base Amount. For purposes of this Agreement, “"Base ------------ Amount” " shall mean the greater of the Executive’s 's annual base salary (a) at the rate in effect on the Termination Date or (b) at the highest rate in effect (i) on, or at any time during the ninety (90) day period prior to, the Termination Date or (ii) at any time during the ninety (90) day period prior to the a Change in Control, Control and shall include all amounts of the Executive's base salary that are deferred under the any qualified or non-qualified employee benefit plans of the Company or any other agreement or arrangement.
Appears in 4 contracts
Samples: Severance Protection Agreement (Duck Head Apparel Co Inc), Severance Protection Agreement (Duck Head Apparel Co Inc), Severance Protection Agreement (Duck Head Apparel Co Inc)
Base Amount. For purposes of this Agreement, “"Base Amount” " shall mean the greater of the Executive’s 's annual base salary (a) at the rate in effect on the Termination Date or (b) at the highest rate in effect at any time during the ninety (90) day period prior to the Change in Control, and shall include all amounts of his base salary that are deferred under the qualified and non-qualified employee benefit plans of the Company or any other agreement or arrangementCompany.
Appears in 2 contracts
Samples: Termination Protection Agreement (Radioshack Corp), Termination Protection Agreement (Radioshack Corp)
Base Amount. For purposes of this Agreement, “"Base Amount” " ----------- shall mean the greater of (a) the Executive’s 's annual base salary at the rate in effect immediately prior to the Change in Control and (ab) the Executive's annual base salary at the rate in effect on the Termination Date or (b) at the highest rate in effect at any time during the ninety (90) day period prior to the Change in ControlDate, and shall include all amounts of his base salary that are deferred under the qualified and non-qualified employee benefit plans of the Company or any other agreement or arrangement.
Appears in 2 contracts
Samples: Severance Protection Agreement (Barrett Resources Corp), Severance Protection Agreement (Barrett Resources Corp)
Base Amount. For purposes of this Agreement, “Base Amount” shall mean the greater of the Executive’s annual base salary (a) at the rate in effect on the Termination Date or (b) at the highest rate in effect at any time during the ninety (90) day period prior to the Change in Control, and shall include all amounts of his base salary that are deferred under the qualified and non-qualified employee benefit plans of the Company or any other agreement or arrangement.
Appears in 2 contracts
Samples: Severance Protection and Non Competition Agreement (Abc Bancorp), Severance Protection and Non Competition Agreement (Abc Bancorp)
Base Amount. For purposes of this Agreement, “"Base Amount” " shall ----------- mean the greater of the Executive’s 's annual base salary (a) at the rate in effect on the Termination Date or (b) Base Salary at the highest rate in effect on, or at any time during the ninety (90) day period prior to to, the Change in Control, Termination Date and shall include all amounts of base salary the Executive's Base Salary that are deferred under the employee any qualified and non-qualified Executive benefit plans of the Company or any other agreement or arrangement.
Appears in 2 contracts
Samples: Executive Employment Agreement (Grace Development Inc), Executive Employment Agreement (Grace Development Inc)
Base Amount. For purposes of this Agreement, “"Base Amount” " shall mean the greater of the Executive’s 's annual base salary (a) at the rate in effect on the Termination Date or (b) at the highest rate in effect at any time during the ninety (90) -day period prior to the Change in Control, and shall include all amounts of his base salary that are deferred under the any qualified or nonqualified employee benefit plans of the Company or under any other agreement or arrangement.
Appears in 1 contract
Base Amount. For purposes of this Agreement, “"Base Amount” " ----------- shall mean the greater of the Executive’s 's annual base salary (a) at the rate in effect on the Termination Date or (b) at the highest rate in effect at any time during the ninety (90) day period prior to the Change in Control, and shall include all amounts of base salary that are deferred under the employee benefit plans of the Company or any other agreement or arrangement.
Appears in 1 contract
Samples: Severance Agreement (Vidamed Inc)
Base Amount. For purposes of this Agreement, “"Base Amount” " shall mean the greater of the Executive’s 's annual base salary (a) at the rate in effect on the Termination Date or (b) at the highest rate in effect at any time during the ninety (90) 90 day period prior to the Change in Control, and shall include all amounts of his/her base salary that are deferred under the qualified and non-qualified employee benefit plans of the Company or any other agreement or arrangementCompany, if any.
Appears in 1 contract
Samples: Termination Protection Agreement (Osullivan Industries Holdings Inc)
Base Amount. For purposes of this Agreement, “"Base ----------- Amount” " shall mean the greater of the Executive’s 's annual base salary (a) at the rate in effect on the Termination Date or (b) at the highest rate in effect at any time during the ninety (90) day period prior to the Change in Control, and shall include all amounts of base salary that are deferred under the employee benefit plans of the Company or any other agreement or arrangement.
Appears in 1 contract
Base Amount. For purposes of this Agreement, “"Base Amount” " shall mean the greater of the Executive’s 's annual base salary (a) at the rate in effect on the Termination Date or (b) at the highest rate in effect at any time during the ninety (90) day period prior to before the Change in Control, and shall include all amounts of the Executive's base salary that are deferred under the qualified and non-qualified employee benefit plans of the Company or any other agreement or arrangement.
Appears in 1 contract
Base Amount. For purposes of this Agreement, “"Base Amount” " shall ----------- mean the greater of (a) the Executive’s 's annual base salary at the rate in effect immediately prior to the Change in Control and (ab) the Executive's annual base salary at the rate in effect on the Termination Date or (b) at the highest rate in effect at any time during the ninety (90) day period prior to the Change in ControlDate, and shall include all amounts of his base salary that are deferred under the qualified and non-qualified employee benefit plans of the Company or any other agreement or arrangement.
Appears in 1 contract
Samples: Severance Protection Agreement (Barrett Resources Corp)
Base Amount. For purposes of this Agreement, “"Base Amount” " shall mean the greater of the Executive’s 's annual base salary (a) at the rate in effect on the Termination Date or (b) at the highest rate in effect at any time during the ninety (90) day period prior to before the Change in Control, and shall include all amounts of his base salary that are deferred under the qualified and non-qualified employee benefit plans of the Company or any other agreement or arrangement.
Appears in 1 contract
Base Amount. For purposes of this Agreement, “"Base Amount” " shall mean the greater of the Executive’s 's annual base salary (a) at the rate in effect on the Termination Date or (b) at the highest rate in effect at any time during the ninety (90) day period prior to the Termination Date or a Change in Control, and shall include all amounts of his or her base salary that are deferred under the qualified and non-qualified employee benefit plans of the Company or any other agreement or arrangement.
Appears in 1 contract
Samples: Severance Agreement (Mylex Corp)
Base Amount. For purposes of this Agreement, “"Base Amount” " shall ----------- mean the greater of the Executive’s 's annual base salary (a) at the rate in effect on the Termination Date or (b) at the highest rate in effect at any time during the ninety (90) day period prior to the Change in Control, and shall include all amounts of his base salary that are deferred under the qualified and non- qualified employee benefit plans of the Company or any other agreement or arrangement.
Appears in 1 contract
Samples: Severance Protection and Non Competition Agreement (Abc Bancorp)
Base Amount. For purposes of this Agreement, “"Base Amount” " shall mean the greater of the Executive’s 's annual base salary (a) at the rate in effect on the Termination Date or (b) at the highest rate in effect (i) on, or at any time during the ninety (90) day period prior to, the Termination Date or (ii) at any time during the ninety (90) day period prior to the a Change in Control, Control and shall include all amounts of the Executive's base salary that are deferred under the any qualified and non-qualified employee benefit plans of the Company or any other agreement or arrangement.
Appears in 1 contract
Base Amount. For purposes of this Agreement, “Base Amount” shall mean the greater of the Executive’s annual base salary (a) at the rate in effect on the Termination Date or (b) at the highest rate in effect at any time during the ninety (90) day period prior to before the Change in Control, and shall include all amounts of the Executive’s base salary that are deferred under the qualified and non-qualified employee benefit plans of the Company or any other agreement or arrangement.
Appears in 1 contract
