Certain Reductions. Notwithstanding anything herein to the contrary, the Company shall reduce Executive’s severance benefits under this Agreement, in whole or in part, by any other severance benefits, pay in lieu of notice, or other similar benefits payable to Executive by the Company in connection with Executive’s termination, including but not limited to payments or benefits pursuant to (a) any applicable legal requirement, including, without limitation, the Worker Adjustment and Retraining Notification Act, or (b) any other Company agreement, arrangement, policy or practice relating to Executive’s termination of employment with the Company. The benefits provided under this Agreement are intended to satisfy, to the greatest extent possible, any and all statutory obligations that may arise out of Executive’s termination of employment. Such reductions shall be applied on a retroactive basis, with severance benefits paid first in time being recharacterized as payments pursuant to the Company’s statutory obligation.
Appears in 25 contracts
Samples: Change in Control and Severance Agreement (Ceribell, Inc.), Change in Control and Severance Agreement (Arteris, Inc.), Change in Control and Severance Agreement (Biomea Fusion, Inc.)
Certain Reductions. Notwithstanding anything herein to the contrary, the The Company shall reduce Executive’s severance benefits under this Agreement, in whole or in part, by any other severance benefits, pay in lieu of notice, or other similar benefits payable to Executive by the Company in connection with Executive’s termination, including but not limited to payments or benefits pursuant to (ai) any applicable legal requirement, including, without limitation, the Worker Adjustment and Retraining Notification Act, or (bii) any other Company agreement, arrangement, policy or practice relating providing for Executive to remain on the payroll without being in active service for a limited period of time after being given notice of the termination of Executive’s termination of employment with the Companyemployment. The benefits provided under this Agreement are intended to satisfy, to the greatest extent possible, any and all statutory obligations that may arise out of Executive’s termination of employment. Such reductions shall be applied on a retroactive basis, with severance benefits previously paid first in time being recharacterized as payments pursuant to the Company’s statutory obligation.
Appears in 24 contracts
Samples: Executive Employment Agreement (Clean Energy Technologies, Inc.), Employment Agreement (Kubient, Inc.), Employment Agreement (Kubient, Inc.)
Certain Reductions. Notwithstanding anything herein to the contrary, the Company shall reduce Executive’s severance benefits under this Agreement, in whole or in part, by any other severance benefits, pay in lieu of notice, or other similar benefits payable to Executive by the Company in connection with Executive’s termination, including but not limited to payments or benefits pursuant to (a) any applicable legal requirement, including, without limitation, the Worker Adjustment and Retraining Notification Act, or (b) any other Company agreement, arrangement, policy or practice relating to Executive’s termination of employment with the Company. The benefits provided under this Agreement are intended to satisfy, to the greatest extent possible, any and all statutory obligations that may arise out of Executive’s termination of employment. Such reductions shall be applied on a retroactive basis, with severance benefits previously paid first in time being recharacterized as payments pursuant to the Company’s statutory obligation.
Appears in 23 contracts
Samples: Change in Control Severance Agreement (Nevro Corp), Change in Control and Severance Agreement (Duolingo, Inc.), Change in Control and Severance Agreement (Imago BioSciences, Inc.)
Certain Reductions. Notwithstanding anything herein to the contrary, the Company shall reduce Executive’s severance benefits under this Agreement, in whole or in part, by any other severance benefits, pay in lieu of notice, or other similar benefits payable to Executive by the Company in connection with Executive’s termination, including but not limited to payments or benefits pursuant to (a) any applicable legal requirement, including, without limitation, the Worker Adjustment and Retraining Notification Act, or (b) any other Company agreement, arrangement, policy policy, plan or practice relating to Executive’s termination of employment with the Company. The benefits provided under this Agreement are intended to satisfy, to the greatest extent possible, any and all statutory obligations that may arise out of Executive’s termination of employmentemployment during a Change of Control Period. Such reductions shall be applied on a retroactive basis, with severance benefits previously paid first in time being recharacterized as payments pursuant to the Company’s statutory obligation.
Appears in 13 contracts
Samples: Change of Control Severance Agreement (Jacobs Engineering Group Inc /De/), Change of Control Severance Agreement (Jacobs Engineering Group Inc /De/), Change of Control Severance Agreement (Jacobs Engineering Group Inc /De/)
Certain Reductions. Notwithstanding anything herein to the contrary, the Company shall reduce Executive’s severance benefits under this Agreement, in whole or in part, by any other severance benefits, pay in lieu of notice, or other similar benefits payable to Executive by the Company in connection with Executive’s termination, including but not limited to payments or benefits pursuant to (a) any applicable legal requirement, including, without limitation, the Worker Adjustment and Retraining Notification Act, or (b) any other Company agreement, arrangement, policy or practice relating to Executive’s termination of employment with the Company. The benefits provided under this Agreement are intended to satisfy, to the greatest extent possible, any and all statutory obligations that may arise out of Executive’s termination of employment. Such reductions shall be applied on a retroactive basis, with severance benefits previously paid first in time being recharacterized as payments pursuant to the Company’s statutory obligation.
Appears in 12 contracts
Samples: Severance Agreement (American Airlines, Inc.), Severance Agreement (American Airlines, Inc.), Change in Control and Severance Agreement (Reddit, Inc.)
Certain Reductions. Notwithstanding anything herein to the contrary, the The Company shall reduce Executive’s severance benefits under this Agreement, in whole or in part, by any other severance benefits, pay in lieu of notice, or other similar benefits payable to Executive by the Company in connection with Executive’s termination, including but not limited to to, payments or benefits pursuant to (ai) any applicable legal requirement, including, without limitation, the Worker Adjustment and Retraining Notification Act, or (bii) any other Company agreement, arrangement, policy or practice relating providing for Executive to remain on the payroll without being in active service for a limited period of time after being given notice of the termination of Executive’s termination of employment with the Companyemployment. The benefits provided under this Agreement are intended to satisfy, to the greatest extent possible, any and all statutory obligations that may arise out of Executive’s termination of employment. Such reductions shall be applied on a retroactive basis, with severance benefits previously paid first in time being recharacterized re-characterized as payments pursuant to the Company’s statutory obligation. Any reductions pursuant to this Section 4(f) shall be applied in a manner that complies with Section 409A of the Code.
Appears in 2 contracts
Samples: Employment Agreement (Danimer Scientific, Inc.), Employment Agreement (Live Oak Acquisition Corp)
Certain Reductions. Notwithstanding anything herein to the contrary, the Company shall reduce Executive’s severance benefits under this Agreement, in whole or in part, by any other severance benefits, pay in lieu of notice, or other similar benefits payable to Executive by the Company in connection with Executive’s termination, including but not limited to payments or benefits pursuant to (a) any applicable legal requirement, including, without limitation, the Worker Adjustment and Retraining Notification Act, Act or (b) any other Company agreement, arrangement, policy or practice relating to Executive’s termination of employment with the Company. The benefits provided under this Agreement are intended to satisfy, to the greatest extent possible, any and all statutory obligations that may arise out of Executive’s termination of employment. Such reductions shall be applied on a retroactive basis, with severance benefits previously paid first in time being recharacterized as payments pursuant to the Company’s statutory obligation.
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Certain Reductions. Notwithstanding anything herein to the contrary, the The Company shall reduce Executive’s severance benefits under this Agreement, in whole or in part, by any other severance benefits, pay in lieu of notice, or other similar benefits payable to Executive by the Company in connection with Executive’s termination, including but not limited to to, payments or benefits pursuant to (ai) any applicable legal requirement, including, without limitation, the Worker Adjustment and Retraining Notification Act, or (bii) any other Company agreement, arrangement, policy or practice relating providing for Executive to remain on the payroll without being in active service for a limited period of time after being given notice of the termination of Executive’s termination of employment with the Companyemployment. The benefits provided under this Agreement are intended to satisfy, to the greatest extent possible, any and all statutory obligations that may arise out of Executive’s termination of employment. Such reductions shall be applied on a retroactive basis, with severance benefits previously paid first in time being recharacterized re-characterized as payments pursuant to the Company’s statutory obligation. Any reductions pursuant to this Section 4(d) shall be applied in a manner that complies with Section 409A of the Code.
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