Common use of Capacity and Performance Clause in Contracts

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Chairman and Chief Executive Officer of the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates if so elected or appointed from time to time.

Appears in 2 contracts

Samples: Employment Agreement (Provant Inc), Employment Agreement (Provant Inc)

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Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Chairman and Chief Executive Officer of the CompanyCompany and Holdings, reporting to the Boards of Directors of Holdings and the Company (the “Board”) and the Chairman thereof. At all times during the term hereof, the Executive shall be a member of the Executive Committee of the Board. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates ’s Affiliates, if so elected or appointed from time to time.

Appears in 2 contracts

Samples: Executive Employment Agreement, Executive Employment Agreement (Dunkin' Brands Group, Inc.)

Capacity and Performance. (a) During the term hereof, the The Executive shall will serve as the Chairman Company’s President and Chief Executive Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. In addition, and without further compensation, The Board of Directors will elect the Executive shall to serve as a director and/or officer of the Company and/or one or more until at least the next annual meeting of stockholders of the Company's Affiliates if so elected or appointed from time , and the Executive agrees to timeserve in such capacity without further compensation.

Appears in 2 contracts

Samples: Employment Agreement (Cambridge Heart Inc), Employment Agreement (Cambridge Heart Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as the Chairman its President and Chief Executive Officer of the CompanyOfficer. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or Company, if so elected by the stockholders of the Company, and shall serve as a director of one or more of the Company's Affiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Dover Saddlery Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as the Chairman its President and Chief Executive Officer of the CompanyOfficer. In addition, and without further compensation, during the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates term hereof, if so elected or appointed from time to time, the Executive shall serve as a member of the Board of Directors of the Company (the “Board”) and, if so elected or appointed from time to time, also shall serve as a director and/or officer of one or more of the Company’s Affiliates.

Appears in 1 contract

Samples: Executive Employment Agreement (First Avenue Networks Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as the Chairman and its Chief Executive Officer of the Company(“CEO”). In addition, and without further compensation, the Executive shall agrees to serve as a director of the Company and as a director and/or officer of the Company and/or one or more of the Company's ’s Immediate Affiliates (as defined in Section 13 hereof), in each case if so elected or appointed from time to time.

Appears in 1 contract

Samples: Agreement (Michaels Stores Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Chairman and Chief Financial Officer & Executive Officer Vice President of the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and an officer and/or director of one or more of the Company's Affiliates subsidiaries if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Chairman and Chief Executive Officer President of the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates subsidiaries if so elected or appointed from time to time. The Company and the Executive acknowledge and agree that the Executive shall become a director of the Company as of the Effective Date.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Chairman and Chief Executive Officer Managing Director of the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as the Chairman and Chief Executive Officer of the CompanyGeneral Counsel. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's ’s Affiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Albireo Pharma, Inc.)

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as the Chairman its President and Chief Executive Officer of the CompanyOfficer. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates ’s subsidiaries (including the Principal Subsidiary) if so elected or appointed from time to time.

Appears in 1 contract

Samples: Agreement (LifeCare Holdings, Inc.)

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as the Chairman and its Chief Executive Officer of the CompanyOfficer. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company domestic holding companies of the Company, and may serve as a director and/or officer of one or more of the Company's Affiliates other Affiliates, if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Us Can Corp)

Capacity and Performance. (a) During the term hereofTerm, the Executive shall serve the Company as the Chairman and its Chief Executive Officer of the CompanyOfficer. In addition, and without further compensation, the Executive shall serve as a member of the Board of Directors of the Company and/or director and/or officer of the Company and/or one or more of the Company's Affiliates ’s Affiliates, in each case if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Skyline Champion Corp)

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Chairman President and Chief Executive Operating Officer of the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and an officer and/or director of one or more of the Company's Affiliates subsidiaries if so elected or appointed from time to time. The Company agrees to nominate the Executive for election to the Board of Directors of the Company (the "Board") at the next regularly scheduled meeting of the Board following the Effective Date.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Chairman President and Chief Executive Officer of the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) During the term hereofhis employment, the Executive shall serve as the Chairman Chairman, President and Chief Executive Officer of the Company. In addition, and without further compensation, if the Executive shall agrees to serve as a director and/or officer of the Company or an officer and/or director of one or more of the Company's Affiliates if subsidiaries, he agrees to do so elected or appointed from time to timewithout further compensation.

Appears in 1 contract

Samples: Employment Agreement (Genrad Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Chairman President and Chief Executive Operating Officer of the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Chairman and Chief Executive Officer of the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) During the term Term hereof, the Executive shall serve the Company as the Chairman and its Chief Executive Officer and shall report to the Board of the CompanyDirectors. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Agreement (Antigenics Inc /De/)

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as the Chairman its President and Chief Executive Officer of the CompanyOfficer. In addition, the Company shall promptly nominate and recommend the Executive for membership on the Board of Directors of the Company (the “Board”), and if so elected or appointed, without further compensation, during the term hereof, the Executive shall serve as a director and/or officer member of the Company and/or one or more of the Company's Affiliates Board and, if so elected or appointed from time to time, also shall serve as a director and/or officer of one or more of the Company’s Affiliates.

Appears in 1 contract

Samples: Executive Employment Agreement (FiberTower CORP)

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Capacity and Performance. (a) a. During the term hereof, the Executive shall serve the Company as the Chairman and its President, Chief Executive Officer and a Director of the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates if so elected or appointed from time to timecorporation.

Appears in 1 contract

Samples: Employment Agreement (Apollo Biopharmaceutics Inc)

Capacity and Performance. (a) a. During the term hereof, the Executive shall serve the Company as the Chairman President and Chief Executive Officer of the Company. In addition, addition and without further compensation, the Executive shall serve as a director and/or officer Director of the Company and/or one or more of the Company's Affiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Benthos Inc)

Capacity and Performance. (a) During the term Term hereof, the Executive shall serve as the Chairman President and Chief Executive Officer of the Company. In additionCompany and shall have the responsibilities, duties and without further compensation, authorities reasonably assigned to him by the Executive shall serve as a director and/or officer Board of Directors of the Company and/or one or more of (the Company's Affiliates if so elected or appointed from time "Board"). The Executive shall report directly to timethe Board.

Appears in 1 contract

Samples: Employment Agreement (Avery Communications Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Chairman President and Chief Executive Officer of the Company. In addition, and without further compensationSo long as Executive remains the Chief Executive Officer of the Company, the Company will recommend to its stockholders that Executive shall serve as a director and/or officer be elected to the Board of Directors of the Company and/or one (the “Board”) at each meeting of stockholders or more of the Company's Affiliates if so elected or appointed from time in connection with each action by written consent pursuant to timewhich Executive may be elected.

Appears in 1 contract

Samples: Employment Agreement (AntriaBio, Inc.)

Capacity and Performance. (a) 1.1 During the term hereof, the Executive shall serve the Company as its President & CEO on a full-time basis and shall, at all times subject to the Chairman directions and Chief Executive Officer instructions of the Board of Directors of the Company (the "Board"), have such authority as is ordinarily consistent with the position of President & CEO of the Company. In addition, with full power and without further compensation, authority to supervise and manage the Executive shall serve as a director and/or officer business and affairs of the Company and/or one or more and its affiliates and such other matters as the Board of the Company's Affiliates if so elected or appointed from time to timeDirectors may authorize.

Appears in 1 contract

Samples: Employment Agreement (Magic Lantern Group Inc)

Capacity and Performance. (a) a. During the term Term hereof, the Executive shall serve the Company as the Chairman Chief Financial Officer and Chief Executive Officer Treasurer of the Company and any other office of the Company as the Company shall determine in the sole discretion of the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Benthos Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as the Chairman and Chief Executive Officer of the CompanyRegulatory Officer. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's ’s Affiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Albireo Pharma, Inc.)

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Chairman President and Chief Executive Officer of the Company. In addition, and without further compensation, the Executive shall be appointed to serve as a director and/or officer member of the Board of Directors of the Company and/or one or more (the “Board”). So long as Executive remains the Chief Executive Officer of the Company's Affiliates if so Company the Company will recommend to its stockholders that Executive be elected to the Board of Directors at each meeting of stockholders or appointed from time in connection with each action by written consent pursuant to timewhich Executive may be elected.

Appears in 1 contract

Samples: Employment Agreement (AntriaBio, Inc.)

Capacity and Performance. (a) 3.1 During the term hereof, the Executive shall serve the Company as the Chairman and its Chief Executive Officer of the CompanyOfficer. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's ’s Affiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Animal Health International, Inc.)

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Chairman Senior Vice President, Treasurer and Chief Executive Accounting Officer of the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates subsidiaries if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Chairman and Chief Executive Officer of the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates subsidiaries if so elected or appointed from time to time. The Company and the Executive acknowledge that the Executive currently is a director of the Company.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve as the Chairman President and Chief Executive Officer of the Company. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of to the Company's Affiliates if so extent elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Cambridge Heart Inc)

Capacity and Performance. (a) During the term hereof, the Executive shall serve the Company as the Chairman its Chairman, President and Chief Executive Officer of the CompanyOfficer. In addition, and without further compensation, the Executive shall serve as a director and/or officer of the Company and/or one or more of the Company's Affiliates if so elected or appointed from time to time.

Appears in 1 contract

Samples: Employment Agreement (Point Therapeutics Inc)

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