Common use of Change in Control Severance Clause in Contracts

Change in Control Severance. If, following the occurrence of a Change in Control, the Company or an Affiliate terminates the Executive’s employment during the Post-Change Period other than as described in clause (i), (ii) or (iii) of Section 8(a), or if the Executive terminates his employment pursuant to Section 8(b), the Executive shall not be entitled to the severance compensation described in Section 7, and, subject to Section 9, the Company will (i) pay or cause to be paid to the Executive the amounts described in Sections 8(c)(1), 8(c)(2), 8(c)(3), and 8(c)(6) in a lump-sum no later than sixty (60) days after the Termination Date; (ii) pay or cause to be paid to the Executive the amount described in Section 8(c)(4), such amount to be payable no earlier than the date on which such Incentive Pay, if any, would have been paid under the applicable plan or policy of the Company absent such termination of employment, but no later than March 15 of the calendar year immediately following the calendar year of the Termination Date; and (iii) provide the Executive the benefits described in Section 8(c)(5) for the period described therein. The foregoing to the contrary notwithstanding, if the Executive is entitled to payments under this Section 8(c) following a Change in Control that does not constitute a “change in the ownership or effective control” of the relevant company or a “change in the ownership of a substantial portion of the assets” of the relevant company, as such terms are used in Code Section 409A(a)(2)(A)(v), then an amount equal to the amount that would have been paid under Section 7(i) had a Change in Control not occurred shall be paid in installments during the twelve (12) month period following the Termination Date, and the remaining amounts described in clause (i) of this Section 8(c) above (reduced by the amount so paid in installments) shall be paid in a lump-sum.

Change in Control Severance. If, following the occurrence of a Change in Control, the Company or an Affiliate terminates the Executive’s employment during the Post-Change Period other than as described in clause (i), (ii) or (iii) of Section 8(a), or if the Executive terminates his employment pursuant to Section 8(b), the Executive shall not be entitled to the severance compensation described in Section 7, and, subject to Section 9, the Company will (i) pay or cause to be paid to the Executive the amounts described in Sections 8(c)(1), 8(c)(2), 8(c)(3), ) and 8(c)(6) in a lump-sum no later than sixty (60) days after the Termination Date; (ii) pay or cause to be paid to the Executive the amount described in Section 8(c)(4), such amount to be payable no earlier than the date on which such Incentive Pay, if any, would have been paid under the applicable plan or policy of the Company absent such termination of employment, but no later than March 15 of the calendar year immediately following the calendar year of the Termination Date; and (iii) provide the Executive the benefits described in Section 8(c)(5) for the period described therein. The foregoing to the contrary notwithstanding, if the Executive is entitled to payments under this Section 8(c) following a Change in Control that does not constitute a “change in the ownership or effective control” of the relevant company or a “change in the ownership of a substantial portion of the assets” of the relevant company, as such terms are used in Code Section 409A(a)(2)(A)(v), then an amount equal to the amount that would have been paid under Section 7(i7(a)(i) had a Change in Control not occurred shall be paid in installments during the twelve twenty-four (1224) month period following the Termination Date, and the remaining amounts described in clause (i) of this Section 8(c) above (reduced by the amount so paid in installments) shall be paid in a lump-sum.

Change in Control Severance. If, following the occurrence of a Change in Control, the Company or an Affiliate terminates the Executive’s employment during the Post-Change Period other than as described in clause (i), (ii) or (iii) of Section 8(a), or if the Executive terminates his employment pursuant to Section 8(b), the Executive shall not be entitled to the severance compensation described in Section 7, and, subject to Section 9, the Company will (i) pay or cause to be paid to the Executive the amounts described in Sections 8(c)(1), 8(c)(2), 8(c)(3), and 8(c)(6) in a lump-sum no later than sixty (60) days after the Termination Date; (ii) pay or cause to be paid to the Executive the amount described in Section 8(c)(4), such amount to be payable no earlier than the date on which such Incentive Pay, if any, would have been paid under the applicable plan or policy of the Company absent such termination of employment, but no later than March 15 of the calendar year immediately following the calendar year of the Termination Date; and (iii) provide the Executive the benefits described in Section 8(c)(5) for the period described therein. The foregoing to the contrary notwithstanding, if the Executive is entitled to payments under this Section 8(c) following a Change in Control that does not constitute a “change in the ownership or effective control” of the relevant company or a “change in the ownership of a substantial portion of the assets” of the relevant company, as such terms are used in Code Section 409A(a)(2)(A)(v), then an amount equal to the amount that would have been paid under Section 7(i) had a Change in Control not occurred shall be paid in installments during the twelve (12) month period following the Termination DateSeverance Period, and the remaining amounts described in clause (i) of this Section 8(c) above (reduced by the amount so paid in installments) shall be paid in a lump-sum.

Change in Control Severance. If, following the occurrence of a Change in Control, the Company or an Affiliate terminates the Executive’s employment during the Post-Change Period other than as described in clause (i), (ii) or (iii) of Section 8(a), or if the Executive terminates his her employment pursuant to Section 8(b), the Executive shall not be entitled to the severance compensation described in Section 7, and, subject to Section 9, the Company will (i) pay or cause to be paid to the Executive the amounts described in Sections 8(c)(1), 8(c)(2), 8(c)(3), and 8(c)(6) in a lump-sum no later than sixty (60) days after the Termination Date; (ii) pay or cause to be paid to the Executive the amount described in Section 8(c)(4), such amount to be payable no earlier than the date on which such Incentive Pay, if any, would have been paid under the applicable plan or policy of the Company absent such termination of employment, but no later than March 15 of the calendar year immediately following the calendar year of the Termination Date; and (iii) provide the Executive the benefits described in Section 8(c)(5) for the period described therein. The foregoing to the contrary notwithstanding, if the Executive is entitled to payments under this Section 8(c) following a Change in Control that does not constitute a “change in the ownership or effective control” of the relevant company or a “change in the ownership of a substantial portion of the assets” of the relevant company, as such terms are used in Code Section 409A(a)(2)(A)(v), then an amount equal to the amount that would have been paid under Section 7(i) had a Change in Control not occurred shall be paid in installments during the twelve (12) month period following the Termination Date, and the remaining amounts described in clause (i) of this Section 8(c) above (reduced by the amount so paid in installments) shall be paid in a lump-sum.,