Common use of Change of Control Severance Package Clause in Contracts

Change of Control Severance Package. In the event Executive’s employment is terminated during the Term in a manner that constitutes a “separation from service” (as such term is defined in Treasury Regulation Section 1.409A-1(h)) on or after a Change of Control (as defined below) and prior to the date that is thirty (30) days immediately following the first anniversary of the Change of Control, by the Company other than for Cause or by Executive for Good Reason, and other than as a result of a timely Notice of Non-Renewal or Executive’s death or disability (as determined under Section 3.08), then, subject to the satisfaction of the conditions set forth in Section 3.09(d) below, Executive’s change of control severance package (“Change of Control Severance Package”) shall be as follows:

Appears in 3 contracts

Samples: Employment Agreement (Daystar Technologies Inc), Employment Agreement (Daystar Technologies Inc), Employment Agreement (Daystar Technologies Inc)

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Change of Control Severance Package. In the event Executive’s 's employment is terminated during the Term in a manner that constitutes a "separation from service" (as such term is defined in Treasury Regulation Section 1.409A-1(h)) on or after a Change of Control (as defined below) and prior to the date that is thirty (30) days immediately following the first anniversary of the Change of Control, by the Company other than for Cause or by Executive for Good Reason, and other than as a result of a timely Notice of Non-Renewal or Executive’s 's death or disability (as determined under Section 3.08), then, subject to the satisfaction of the conditions set forth in Section 3.09(d) below, Executive’s 's change of control severance package ("Change of Control Severance Package") shall be as follows:

Appears in 1 contract

Samples: Employment Agreement (Daystar Technologies Inc)

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