Common use of CAUSE, ETC Clause in Contracts

CAUSE, ETC. If the Executive's employment is terminated by the Company pursuant to Section IV-B, this Agreement shall terminate without further obligations to the Executive other than for (a) payment of the sum of the Executive's annual base salary through the date of termination and any accrued vacation pay to the extent not theretofore paid, which shall be paid to the Executive or his estate or beneficiary, as applicable, in a lump sum in cash within 30 days of the Date of Termination; (b) payment of any compensation previously earned and deferred by the Executive (together with any accrued interest or earnings thereon), which shall be paid to the Executive or his estate or beneficiary at the times provided in, and pursuant to terms of, the plan or agreement under which such compensation was deferred; and (c) payment to the Executive or his estate or beneficiary, as applicable, any amounts due pursuant to the terms of any applicable welfare benefit plans. The payments described in clauses (a) and (b) shall hereinafter be referred to as the "Accrued Obligations." If it is subsequently determined that the Company did not have the right to terminate the Executive under Section IV-B, then the Company's decision to terminate shall be deemed to have been made under Section IV-C-3 and the amounts payable thereunder shall be the only amounts the Executive may receive for his termination.

Appears in 8 contracts

Samples: Employment Agreement (Versicor Inc /Ca), Employment Agreement (Versicor Inc /Ca), Employment Agreement (Versicor Inc /Ca)

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CAUSE, ETC. If the ExecutiveEmployee's employment is terminated by the Company pursuant to Section IVV-B, this Agreement shall terminate without further obligations to the Executive Employee other than for (a) payment of the sum of the ExecutiveEmployee's annual base salary through the date of termination and any accrued vacation pay to the extent not theretofore paid, which shall be paid to the Executive Employee or his estate or beneficiary, as applicable, in a lump sum in cash within 30 days of the Date date of Terminationtermination; (b) payment of any compensation previously earned and deferred by the Executive Employee (together with any accrued interest or earnings thereon), which shall be paid to the Executive Employee or his estate or beneficiary at the times provided in, and pursuant to terms of, the plan or agreement under which such compensation was deferred; and (c) payment to the Executive Employee or his estate or beneficiary, as applicable, any amounts due pursuant to the terms of any applicable welfare benefit plans. The payments described in clauses (a) and (b) shall hereinafter be referred to as the "Accrued Obligations." If it is subsequently determined that the Company did not have the right to terminate the Executive Employee under Section IVV-B, then the Company's decision to terminate shall be deemed to have been made under Section IVV-C-3 and the amounts payable thereunder shall be the only amounts the Executive Employee may receive for his termination.

Appears in 1 contract

Samples: Employment Agreement (Kaynar Technologies Inc)

CAUSE, ETC. If the ExecutiveEmployee's employment is terminated by the Company pursuant to Section IVV-B, this Agreement shall terminate without further obligations to the Executive Employee other than for (a) payment of the sum of the ExecutiveEmployee's annual base salary through the date of termination and any accrued vacation pay to the extent not theretofore paid, which shall be paid to the Executive Employee or his estate or beneficiary, as applicable, in a lump sum in cash within 30 days of the Date date of Terminationtermination; (b) payment of any compensation previously earned and deferred by the Executive Employee (together with any accrued interest or earnings thereon), which shall be paid to the Executive Employee or his estate or beneficiary at the times provided in, and pursuant to terms of, of the plan or agreement under which such compensation was deferred; and (c) payment to the Executive Employee or his estate or beneficiary, as applicable, any amounts due pursuant to the terms of any applicable welfare benefit plans. The payments described in clauses (a) and (b) shall hereinafter be referred to as the "Accrued Obligations." If it is subsequently determined that the Company did not have the right to terminate the Executive Employee under Section IVV-B, then the Company's decision to terminate shall be deemed to have been made under Section IVV-C-3 and the amounts payable thereunder shall be the only amounts the Executive Employee may receive for his termination.

Appears in 1 contract

Samples: Employment Agreement (Kaynar Holdings Inc)

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CAUSE, ETC. If the Executive's employment is terminated by the Company for Cause pursuant to Section IV-B, or if the Executive's employment is voluntarily terminated by the Executive (subject to Section V-A), or if the Executive's employment is terminated by reason of the Executive's Death or Disability, this Agreement shall terminate without further obligations to the Executive other than for (a) payment of the sum of the Executive's annual base salary through the date of termination and any accrued vacation pay to the extent not theretofore paid, which shall be paid to the Executive or his estate or beneficiary, as applicable, in a lump sum in cash within 30 days of the Date of Termination; (b) payment of any compensation previously earned and deferred by the Executive (together with any accrued interest or earnings thereon), which shall be paid to the Executive or his estate or beneficiary at the times provided in, and pursuant to terms of, the plan or agreement under which such compensation was deferred; (c) and reimbursement to Executive of any other amounts for expenses then due to him under this Agreement; and (cd) payment to the Executive or his estate or beneficiary, as applicable, any amounts due pursuant to the terms of any applicable welfare benefit plans. The payments described in clauses (a), (b) and (bc) shall hereinafter be referred to as the "Accrued Obligations." If it is subsequently determined that the Company did not have the right to terminate the Executive for Cause under Section IV-B, then the Company's decision to terminate shall be deemed to have been made under Section IV-C-3 C-2 and the amounts payable thereunder shall be the only amounts the Executive may receive for his termination.

Appears in 1 contract

Samples: Employment Agreement (Versicor Inc /Ca)

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