Common use of By the Company Without Cause or Resignation by Executive for Good Reason Clause in Contracts

By the Company Without Cause or Resignation by Executive for Good Reason. (i) The Employment Term and Executive’s employment hereunder may be terminated by the Company without Cause or by Executive’s resignation for Good Reason. (ii) For purposes of this Agreement, “Good Reason” shall mean (A) the failure of the Company to pay or cause to be paid Executive’s Base Salary or Annual Bonus, when due hereunder or (B) any substantial diminution in Executive’s authority or responsibilities from those described in Section 2 hereof, (C) the requirement by the Company that Executive’s principal office be located outside the greater Baltimore, Maryland metropolitan area or (D) any failure of the Company to obtain the assumption in writing of its obligation to perform this Agreement by any successor to all or substantially all of the business or assets of the Company upon a merger, consolidation, sale or similar transaction (other than an assumption that occurs by operation of law); provided that any of the events described in clauses (A) through (D) of this Section 7(c)(ii) shall constitute Good Reason only if the Company fails to cure such event within 30 days after receipt from Executive of written notice of the event which constitutes Good Reason.

Appears in 9 contracts

Samples: Employment Agreement (Foundation Coal Holdings, Inc.), Employment Agreement (Foundation Coal Holdings, Inc.), Employment Agreement (Foundation Coal Holdings, Inc.)

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By the Company Without Cause or Resignation by Executive for Good Reason. (i) The Employment Term and Executive’s employment hereunder may be terminated by the Company without Cause or by Executive’s resignation for Good Reason. (ii) For purposes of this Agreement, “Good Reason” shall mean (A) the failure of the Company to pay or cause to be paid Executive’s Base Salary or Annual Bonus, when due hereunder or hereunder, (B) any substantial diminution in Executive’s authority or responsibilities from those described in Section 2 hereof, (C) the requirement by the Company that Executive’s principal office be located more than 50 miles outside of the greater Baltimore, Maryland metropolitan area area, or (D) any failure of the Company to obtain the assumption in writing of its obligation to perform this Agreement by any successor to all or substantially all of the business or assets of the Company upon a merger, consolidation, sale or similar transaction (other than an assumption that occurs by operation of law); provided that any of the events described in clauses (A) through (D) of this Section 7(c)(ii) shall constitute Good Reason only if Executive provides written notice to the Company of the existence of any such event within 90 days of the initial existence of the event and the Company fails to cure such event within 30 days after receipt from Executive of such written notice of the event which constitutes Good Reasonnotice.

Appears in 8 contracts

Samples: Employment Agreement (Foundation Coal Holdings, Inc.), Employment Agreement (Foundation Coal Holdings, Inc.), Employment Agreement (Foundation Coal Holdings, Inc.)

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By the Company Without Cause or Resignation by Executive for Good Reason. (i) The Employment Term and Executive’s 's employment hereunder may be terminated by the Company without Cause or by Executive’s 's resignation for Good Reason. (ii) For purposes of this Agreement, "Good Reason" shall mean (A) the failure of the Company to pay or cause to be paid Executive’s 's Base Salary or Annual Bonus, when due hereunder or (B) any substantial diminution in Executive’s 's authority or responsibilities from those described in Section 2 hereof, (C) the requirement by the Company that Executive’s 's principal office be located outside the greater Baltimore, Maryland metropolitan area or (D) any failure of the Company to obtain the assumption in writing of its obligation to perform this Agreement by any successor to all or substantially all of the business or assets of the Company upon a merger, consolidation, sale or similar transaction (other than an assumption that occurs by operation of law); provided that any of the events described in clauses (A) through (D) of this Section 7(c)(ii) shall constitute Good Reason only if the Company fails to cure such event within 30 days after receipt from Executive of written notice of the event which constitutes Good Reason.

Appears in 7 contracts

Samples: Employment Agreement (Foundation Coal Holdings, Inc.), Employment Agreement (Foundation Coal Holdings, Inc.), Employment Agreement (Foundation Coal Holdings, Inc.)

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