Certain Termination Payments. In the event of termination of Executive’s employment hereunder by Employer without Cause or by Executive with Good Reason, Executive shall be entitled to the following:
Certain Termination Payments. (a) If Executive’s employment with the Company is terminated by the Company without Cause or by Executive pursuant to Paragraph 7(a)(v), in either case other than within two years after a Change in Control, the Company shall (i) continue to pay to Executive the per annum rate of salary then in effect under Paragraph 4(a) and provide him and his family with the benefits described in Paragraph 4(c) then in effect (unless the terms of the applicable plans expressly prohibit the continuation of such benefits after such termination and cannot be amended, with applicability of such amendment limited to Executive, to provide for such continuation, in which case the Company shall procure and pay for substantially similar substitute benefits except for any pension or 401(k) Plan benefit) for the balance of the term that would have remained hereunder had such termination not occurred, and (ii) pay Executive on or before the thirtieth day after the Date of Termination an amount equal to the product of (i) the target bonus opportunity for the year in which such termination occurs times (ii) the number of years for which a bonus opportunity would have been provided to him under Paragraph 4(b) hereof had he remained employed hereunder for the remainder of the term of this Agreement.
Certain Termination Payments. (a) If the Executive’s employment with the Company is terminated by the Company without Cause or by the Executive pursuant to Section 6(a)(v), in either case other than within two years after a Change in Control,
Certain Termination Payments. (a) If Executive’s employment with the Company is terminated by the Company without Cause other than within two years following a Change in Control, or is terminated by Executive pursuant to Paragraph 5(a)(v) or Paragraph 5(a)(vii), the Company shall (i) continue to pay to Executive the per annum rate of salary under Paragraph 3(a) and provide him and his family with the benefits described in Paragraph 3(c) then in effect (unless the terms of the applicable plans expressly prohibit the continuation of such benefits after such termination and cannot be amended, with applicability of such amendment limited to Executive, to provide for such continuation, in which case the Company shall procure and pay for substantially similar substitute benefits except for any pension or 401(k) Plan benefit, or unless continued coverage would cause an excise tax to be due under Code Section 409A, in which event the period of continued coverage shall be reduced to such period as would not result in an excise tax) for a period equal to the lesser of (A) twelve (12) months or (B) the remainder of the term of this Agreement, and (ii) pay Executive on or before the thirtieth day after the Date of Termination an amount equal to the target bonus opportunity for the year in which such termination occurs. Notwithstanding the foregoing, if Executive is a specified employee within the meaning of Code Section 409A, the continuing salary payments described in clause (i) and the bonus payment described in clause (ii) shall not be paid until the first day of the seventh month following the month in which the Executive’s termination from employment occurs. In such event, the salary payments that would have been made but for the delay shall be accumulated and paid in a lump sum on the first date that payment may be made.
Certain Termination Payments. (a) If Executive’s employment with the Company is terminated by the Company without Cause or by Executive pursuant to Paragraph 7(a)(v), the Company shall (i) continue to pay to Executive the per annum rate of salary then in effect under Paragraph 4(a) and provide him and his family with the benefits described in Paragraph 4 then in effect (unless the terms of the applicable plans expressly prohibit the continuation of such benefits after such termination and cannot be amended, with applicability of such amendment limited to Executive, to provide for such continuation, in which case the Company shall procure and pay for substantially similar substitute benefits except for any pension or 401(k) Plan benefit) for the balance of the term that would have remained hereunder had such termination not occurred.
Certain Termination Payments. (a) If Executive’s employment with the Company is terminated by the Company without Cause or by Executive pursuant to Paragraph 7(a)(v), in either case other than within two years after a Change in Control, the Company shall (i) continue to pay to Executive the per annum rate of salary then in effect under Paragraph 4(a) and provide him and his family with the benefits described in Paragraph 4 then in effect (unless the terms of the applicable plans expressly prohibit the continuation of such benefits after such termination and cannot be amended, with applicability of such amendment limited to Executive, to provide for such continuation, in which case the Company shall procure and pay for substantially similar substitute benefits except for any pension or 401 (k) Plan benefit) for the balance of the term that would have remained hereunder had such termination not occurred.
Certain Termination Payments. (a) In the event Airways terminates this Agreement pursuant to Section 5.03(e), then Airways shall pay to VJET, upon VJET's demand, a termination fee equal to the sum of Three Million Dollars ($3,000,000) in immediately available funds.
Certain Termination Payments. 9.1 If Consultant’s services are terminated by the Company with Cause or are terminated pursuant to Paragraph 8.2 (d) hereof, Consultant shall be entitled to no further compensation or other payments or benefits under this Agreement, except as to that portion of any unpaid compensation and benefits accrued and earned by him under Schedule A up to and including the Date of Termination. If this Agreement is terminated by the Company without Cause or by Consultant pursuant to Section 8.2(e), then Consultant shall be entitled to the Consulting Fees payable monthly for the balance of the Term and the immediate vesting of the Stock Options.
Certain Termination Payments. In the event of any termination of this Lease as to all or any portion of the Premises pursuant to Sections 6.03, 7.04, 7.05, 8.26 or otherwise by Tenant exercising a right of termination, then Tenant shall pay to Landlord an amount equal to the excess of (i) Tenant’s Work Allowance and Tenant Required Work Allowance theretofore paid by Landlord to Tenant over (ii) the costs and expense incurred by Tenant for construction of its Tenant’s Allowance Work (excluding Tenant Property but including any cancellation fee incurred by Tenant as a result of the cancellation of its purchase order for Tenant Property due to the termination of this Lease) and Xxxxxx’s Required Work. In the event of a termination of this Lease for any reason, Tenant shall pay to Landlord a portion of the Fixed Rent equal to eighteen cents per annum per rentable square foot for the Blocks which would have been payable by Tenant from the time of such termination through and including the original Expiration Date set forth in Section 1.03 (without giving effect to any extension of the Term pursuant to Article 9 hereof) had this Lease not terminated discounted to present value at nine percent (9%) per annum. Any payment required to be made under this Section 7.06 shall be paid by Tenant to Landlord on or before the date that such termination becomes effective; provided, that if Tenant claims that no payment is required to be paid by Tenant under this Section 7.06, Tenant shall so notify Landlord in Tenant’s termination notice. Any such payment (or notice that no such payment is required to be paid) shall be accompanied by invoices or other evidence reasonably satisfactory to Landlord establishing the amount of such payment or that no payment is due. If Landlord disputes the amount of any payment by Tenant under this Section 7.06 and it is subsequently determined that the amount so paid by Xxxxxx was less than the amount due to Landlord hereunder, then the termination of this Lease as to the applicable space shall nevertheless be effective and Tenant shall pay to Landlord the amount of such underpayment together with interest at the Interest Rate from the date such amount was first due from Tenant through and including the date paid.
Certain Termination Payments. During the twelve (12) month period commencing at the Effective Time, Acquiror shall provide, or shall cause the Surviving Corporation to provide, to Affected Employees who experience an involuntary termination of employment, severance compensation and benefits that are no less than the severance compensation and benefits that would have been provided under a Company Benefit Plan to such Company employees upon such a termination of employment immediately prior to the Effective Time.
