Common use of Change of Control Retention Payments Clause in Contracts

Change of Control Retention Payments. In the event of a Change of Control (other than a liquidation or dissolution of the Company) wherein Employee is employed by the acquiring entity in the position of Chief Financial Officer or a greater position, then Employee shall receive cash retention payments (the “Change of Control Retention Payments”) as to 1/3 of Annual Compensation on the date of the Change of Control, another 1/3 of Annual Compensation on the date that is six months following the Change of Control, and a final 1/3 of Annual Compensation on the one year anniversary of the Change of Control, subject to his remaining employed by the acquiring entity through such dates.

Appears in 2 contracts

Samples: Employment Agreement (Catalytica Energy Systems Inc), Employment Agreement (Catalytica Energy Systems Inc)

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Change of Control Retention Payments. In the event of a Change of Control (other than a liquidation or dissolution of the Company) wherein Employee is employed by the acquiring entity in the position of Chief Financial Officer Vice-President of Engineering and Program Management or a greater position, then Employee shall receive cash retention payments (the “Change of Control Retention Payments”) as to 1/3 of Annual Compensation on the date of the Change of Control, another 1/3 of Annual Compensation on the date that is six months following the Change of Control, and a final 1/3 of Annual Compensation on the one year anniversary of the Change of Control, subject to his remaining employed by the acquiring entity through such dates.

Appears in 2 contracts

Samples: Retention Agreement (Catalytica Energy Systems Inc), Retention Agreement (Catalytica Energy Systems Inc)

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Change of Control Retention Payments. In the event of a Change of Control (other than a liquidation or dissolution of the Company) wherein Employee is employed by the acquiring entity in the position of Chief Financial Technical Officer or a greater position, then Employee shall receive cash retention payments (the “Change of Control Retention Payments”) as to 1/3 2/3 of Annual Compensation on the date of the Change of Control, another 1/3 2/3 of Annual Compensation on the date that is six months following the Change of Control, and a final 1/3 2/3 of Annual Compensation on the one year anniversary of the Change of Control, subject to his remaining employed by the acquiring entity through such dates.

Appears in 2 contracts

Samples: Retention Agreement (Catalytica Energy Systems Inc), Retention Agreement (Catalytica Energy Systems Inc)

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