By Company With Cause. The Company may terminate this Agreement and Employee's employment upon written notice to Employee for "Cause," which shall be: (1) Employee's willful failure in the performance or nonperformance of any of Employee's duties and responsibilities hereunder; (2) Employee's dishonesty or fraud with respect to the business, reputation or affairs of the Company; (3) Employee's conviction of a felony crime involving moral turpitude; or (4) Employee's willful failure to abide by any substantial lawful policy or directive of the Company. Employee's absence during a required or permitted leave of absence shall not constitute Cause. The Company recognizes that the audit committee of the board of directors of the Company has investigated certain matters that are substantially similar to ongoing litigation in Delaware initiated by affiliates of James Dondero. Based on this investigation, the Company hereby agreex xxxx xx xxxngdoing has occurred with respect to the allegations in such lawsuits, and in no event shall such allegations give rise to a termination of the Employee for "Cause." Prior to termination of Employee for "Cause" pursuant to clauses (1) or (4) above, Company shall, to the extent reasonably practicable, grant Employee five (5) business days' written notice to cure any defect giving rise to such "Cause". In the event of a termination for Cause, Employee shall have no right to receive any Severance Payment, as defined below;
Appears in 4 contracts
Samples: Employment Agreement (Motient Corp), Employment Agreement (Motient Corp), Employment Agreement (Motient Corp)
By Company With Cause. The Company may terminate this Agreement and Employee's employment upon written notice to Employee for "Cause," which shall be: (1) Employee's willful failure in the performance or nonperformance of any of Employee's duties and responsibilities hereunder; (2) Employee's dishonesty or fraud with respect to the business, reputation or affairs of the Company; (3) Employee's conviction of a felony crime involving moral turpitude; or (4) Employee's willful failure to abide by any substantial lawful policy or directive of the Company. Employee's absence during a required or permitted leave of absence shall not constitute Cause. The Company recognizes that the audit committee of the board of directors of the Company has investigated certain matters that are substantially similar to ongoing litigation in Delaware initiated by affiliates of James Dondero. Based on this investigation, the Company hereby agreex xxxx xx xxxngdoing has occurred with respect to the allegations in such lawsuits, and in no event shall such allegations give rise to a termination of the Employee for "Cause." Prior to termination of Employee for "Cause" pursuant to clauses (1) or (4) above, Company shall, to the extent reasonably practicable, grant Employee five (5) business days' written notice to cure any defect giving rise to such "Cause". In the event of a termination for Cause, Employee shall have no right to receive any Severance Payment, as defined below;.
Appears in 2 contracts
Samples: Employment Agreement (Motient Corp), Employment Agreement (Motient Corp)
By Company With Cause. The Company may terminate this Agreement and Employee's ’s employment upon written notice to Employee for "“Cause," ” which shall be: (1) Employee's ’s willful failure in the performance or nonperformance of any of Employee's ’s duties and responsibilities hereunder; (2) Employee's ’s dishonesty or fraud with respect to the business, reputation or affairs of the Company; (3) Employee's ’s conviction of a felony crime involving moral turpitude; or (4) Employee's ’s willful failure to abide by any substantial lawful policy or directive of the Company. Employee's ’s absence during a required or permitted leave of absence shall not constitute Cause. The Company recognizes that the audit committee of the board of directors of the Company has investigated certain matters that are substantially similar to ongoing litigation in Delaware initiated by affiliates of James DonderoJaxxx Xxxxxxx. Based on this investigation, the Company hereby agreex xxxx xx xxxngdoing agrees that no wrongdoing has occurred with respect to the allegations in such lawsuits, and in no event shall such allegations give rise to a termination of the Employee for "“Cause." ” Prior to termination of Employee for "“Cause" ” pursuant to clauses (1) or (4) above, Company shall, to the extent reasonably practicable, grant Employee five (5) business days' ’ written notice to cure any defect giving rise to such "“Cause"”. In the event of a termination for Cause, Employee shall have no right to receive any Severance Payment or Early Termination Payment, each as defined below;
Appears in 1 contract
Samples: Employment Agreement (Motient Corp)