Cause or Voluntarily. If the Executive’s employment is terminated during the Employment Period by the Company for Cause or voluntarily by the Executive other than for Good Reason, the Company shall pay the Executive within thirty (30) days following the Date of Termination: (i) the Executive’s accrued but unused vacation through the Date of Termination; and (ii) his accrued but unpaid Base Salary through the Date of Termination. Except as provided in this Section 5(c) and except for any vested benefits under any tax qualified pension plans of the Company, and continuation of health insurance benefits on the terms and to the extent required by COBRA, the Company shall have no additional obligations under this Agreement.
Cause or Voluntarily. If the Employee’s employment is terminated during the Employment Period by the Employer for Cause or voluntarily by the Employee without Good Reason, the Employer shall pay to the Employee, within thirty (30) days following the Date of Termination, the Accrued Obligations.
(i) If all or any portion of the amounts payable or benefits provided to Employee under this Agreement or otherwise are “excess parachute payments” and, as a result, are subject to the excise tax imposed by Section 4999 of the Internal Revenue Code of 1986, as amended (the “Code”, and such excise tax, the “Excise Tax”), and if the net after-tax amount (taking into account all applicable taxes payable by the Employee, including without limitation the Excise Tax) that Employee would receive with respect to such payments or benefits exceeds the net after-tax amount Employee would receive if the amount of such payments and benefits were reduced to the maximum amount which could otherwise be payable to Employee without the imposition of the Excise Tax, then, only to the extent necessary to eliminate the imposition of the Excise Tax, such payments and benefits shall be reduced, in the order and of the type mutually agreed to by the Employee and the Employer. The calculations required under this Section 5(e) shall be prepared by the Employer and reviewed for accuracy by the Employee and the Employer’s regular certified public accountants.
(ii) Notwithstanding anything herein to the contrary, if at the time of Employee’s termination of employment with the Employer, Employee is a “specified employee” as defined in Section 409A of the Code and the deferral of the commencement of any payments or benefits otherwise payable hereunder as a result of such termination of employment is necessary in order to prevent any accelerated or additional tax under Section 409A of the Code, then the payments to which Employee would otherwise be entitled during the first six months following her termination of employment shall be deferred and accumulated (without any reduction in such payments or benefits ultimately paid or provided to Employee) for a period of six months from the date of the Employee’s separation from service (as determined under Section 409A of the Code) and paid in a lump sum on the first day of the seventh month following such separation from service (or, if earlier, the date of the Employee’s death).
Cause or Voluntarily. If the Executive’s employment is terminated during the Employment Period by the Company for Cause or voluntarily by the Executive, the Company shall pay the Executive within thirty (30) days following the Date of Termination the Accrued Benefits. Except as provided in this Section 5(b) and except for any vested benefits under any tax qualified pension plans of the Company, and continuation of health insurance benefits on the terms and to the extent required by COBRA, the Company shall have no additional obligations under this Agreement.
Cause or Voluntarily. If the Participant’s employment is terminated by Atlantic Services or its affiliates for Cause or voluntarily by the Participant other than for Good Reason, the Transition Notional Shares shall immediately and automatically be forfeited.
Cause or Voluntarily. If the Executive’s employment is terminated during the Employment Period by the Company for Cause or voluntarily by the Executive (other than a termination by the Executive governed by Section 5(b)), the Company shall pay the Executive within thirty (30) days following the Date of Termination: (i) the Executive’s accrued but unused vacation through the Date of Termination; and (ii) his accrued but unpaid Base Salary through the Date of Termination. Except as provided in this Section 5(d) and except for any vested benefits under any tax qualified pension plans of the Company, and continuation of health insurance benefits on the terms and to the extent required by COBRA, the Company shall have no additional obligations under this Agreement.
Cause or Voluntarily. If the Executive’s employment is terminated during the Employment Period by the Company for Cause or voluntarily by the Executive other than for Good Reason or by reason of Retirement, the Company shall pay the Executive the Accrued Amounts within thirty (30) days following the Date of Termination and all outstanding equity and equity-based awards, including for this purpose, the Make-Whole Award, to the extent unvested on the Date of Termination, shall be immediately and automatically forfeited for no consideration. Stock options held by the Executive, to the extent vested, shall remain exercisable for (i) thirty (30) days following the Date of Termination if by the Company for Cause or (ii) ninety (90) days following the Date of Termination if voluntarily by the Executive other than for Good Reason or by reason of Retirement and then expire immediately thereafter. Except as provided in this Section 5(d) the Company shall have no additional obligations under this Agreement upon the Executive’s termination.
Cause or Voluntarily. If the Employee’s employment is terminated during the Employment Period by the Employer for Cause or voluntarily by the Employee (other than for Good Reason), the Employer shall pay to the Employee within thirty (30) days following the Date of Termination (but, with respect to the Accrued Bonus (as defined below) in no event later than the date that is two and one-half months following the end of the fiscal year with respect to which it was earned), the Accrued Obligations. Except as provided in this Section 5(d), the Employer shall have no additional obligations under this Agreement (except as specifically provided elsewhere in this Agreement).
Cause or Voluntarily. If the Executive's employment is terminated during the Retention Period by reason of Cause pursuant to Section 3.1(c) or voluntarily by the Executive pursuant to Section 3.1(b), this Agreement shall terminate without further obligations by the Company to the Executive under this Agreement other than those obligations accrued hereunder through the Date of Termination, consisting of the following:
(i) the Company shall pay to the Executive an amount equal to the Executive's annual cash compensation in effect on the Date of Termination under Section 2.1 of this Agreement, such amount to be paid by the Company within thirty (30) days after the Date of Termination;
(ii) any compensation previously deferred by the Executive (together with any accrued earnings thereon) and not yet paid by the Company;
(iii) any other amounts or benefits owing to the Executive under any of the Company's incentive compensation plans, stock option plans, restricted stock plans or other similar plans; and
(iv) any amounts or benefits owning to the Executive under any of the Company's employee benefit plans or policies. Notwithstanding the foregoing, if the Executive's employment is terminated during the Retention Period for Cause, all Options not yet vested as of the Date of Termination shall terminate and be of no further force or effect, and the Executive shall have ninety (90) days after the Date of Termination (but in no case later than the expiration date of the Options) to exercise any vested portion of the Options, at which time the vested Options which are not then exercised shall terminate and be of no further force or effect.
Cause or Voluntarily. If the Employee's employment is terminated during the Employment Period by the Employer for Cause or voluntarily by the Employee (other than for Good Reason), the Employee shall be entitled to the Employee's accrued but unused vacation and his Base Salary through the Date of Termination (to the extent not theretofore paid). Except as provided in this Section 5(d), the Employer shall have no additional obligations under this Agreement (except as specifically provided elsewhere in this Agreement).
(i) In the event the Employee is subject to excise taxes pursuant to Section 280G of the Internal Revenue Code of 1986, as amended (the "Code"), or any similar excise taxes or penalties under any successor provision to Section 280G of the Code or any similar state excise tax as a result of a change in control of the Employer or the Parent, the Employee will have the option (to be exercised in his sole discretion) to waive any portion of any payments or benefits due hereunder in order to avoid any such excise tax.
(ii) In the event that the Parent is contemplating a transaction that could cause it or the Employer to be considered to have experienced an event within the meaning of Section 280G(b)(2)(A)(i) of the Code, upon receipt from the Employee of a written request, in which he agrees to waive any portion of the payments and benefits (including equity acceleration) to which he could be entitled contingent on such transaction (within the meaning of such Code Section 280G), the Parent shall, in conformity with the requirements set forth at Q&A 7 of Prop. Reg.
Cause or Voluntarily. If the Executive’s employment is terminated during the Employment Period by the Company for Cause or voluntarily by the Executive, the Company shall pay the Executive within thirty (30) days following the Date of Termination: (i) the Executive’s accrued but unused vacation through the Date of Termination; and (ii) his accrued but unpaid Base Salary through the Date of Termination. Except as provided in this Section
