COBRA Reimbursement. Subject to Section 1(f)(iii) below, the Company shall reimburse Employee for the premium payments Employee makes for healthcare coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, for a period of up to eighteen (18) months, or until Employee is eligible for health insurance coverage through another employer, whichever occurs first, provided Employee timely elects and pays and remains eligible for continuation coverage pursuant to COBRA, within the time period prescribed pursuant to COBRA. COBRA reimbursements shall be made by the Company to Employee consistent with the Company’s normal expense reimbursement policy, provided that Employee submits documentation to the Company substantiating Employee’s payments for COBRA coverage. Notwithstanding the preceding, if the Company determines in its sole discretion that it cannot provide COBRA reimbursement benefits without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will instead provide the Employee a taxable payment in an amount equal to the monthly COBRA premium that Employee would be required to pay to continue Employee’s group health coverage in effect on the date of termination of employment (which amount will be based on the premium for the first month of COBRA coverage), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, which payments will be made regardless of whether the Employee elects or continues to remain eligible for COBRA continuation coverage and will commence in the month following the month of the Termination Date and continue for eighteen (18) months following the Termination Date.
Appears in 2 contracts
Samples: Transition Agreement and Release (Inogen Inc), Transition Agreement and Release (Inogen Inc)
COBRA Reimbursement. Subject to Section 1(f)(iii) below, the The Company shall reimburse Employee for the premium payments Employee makes for healthcare COBRA coverage in an amount equal to the Company-paid portion for such benefits as of immediately prior to the Separation Date for a period of up to the first eighteen (18) full calendar months following the Separation Date, or until Employee has secured health insurance coverage through another employer, whichever occurs first, provided Employee timely elects and pays for continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, for a period of up to eighteen (18) months, or until Employee is eligible for health insurance coverage through another employer, whichever occurs first, provided Employee timely elects and pays and remains eligible for continuation coverage pursuant to COBRA, within the time period prescribed pursuant to COBRA. COBRA reimbursements shall be made by the Company to Employee consistent with the Company’s normal expense reimbursement policy, provided that Employee submits documentation to the Company substantiating Employee’s payments for COBRA coverage. Notwithstanding the preceding, if the Company determines in its sole discretion that it cannot provide COBRA reimbursement benefits without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will instead provide the Employee a taxable payment in an amount equal to the Company-paid portion of the monthly COBRA premium that Employee would be required to pay to continue the Employee’s group health coverage in effect on the date of termination of employment (which amount will be based on the premium for the first month of COBRA coverage), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, which payments will be made regardless of whether the Employee elects or continues to remain eligible for COBRA continuation coverage and will commence in the month following the month of the Termination Separation Date and continue for eighteen (18) the period of months following the Termination Date.indicated in this paragraph
Appears in 2 contracts
Samples: Transition Agreement and Release (Inogen Inc), Transition Agreement and Release (Inogen Inc)
COBRA Reimbursement. Subject to Section 1(f)(iii) below, the The Company shall reimburse Employee for the premium payments Employee makes for healthcare COBRA coverage for a period of up to twelve (12) months, or until Employee has secured health insurance coverage through another employer, whichever occurs first, provided Employee timely elects and pays for continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, for a period of up to eighteen (18) months, or until Employee is eligible for health insurance coverage through another employer, whichever occurs first, provided Employee timely elects and pays and remains eligible for continuation coverage pursuant to COBRA, within the time period prescribed pursuant to COBRA. COBRA reimbursements shall be made by the Company to Employee consistent with the Company’s normal expense reimbursement policy, provided that Employee submits documentation to the Company substantiating Employee’s payments for COBRA coverage. Notwithstanding the preceding, if the Company determines in its sole discretion that it cannot provide COBRA reimbursement benefits without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will instead provide the Employee a taxable payment in an amount equal to the monthly COBRA premium that the Employee would be required to pay to continue the Employee’s group health coverage in effect on the date of termination of employment (which amount will be based on the premium for the first month of COBRA coverage), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, which payments will be made regardless of whether the Employee elects or continues to remain eligible for COBRA continuation coverage and will commence in the month following the month of the Termination Separation Date and continue for eighteen (18) the period of months following the Termination Dateindicated in this paragraph.
Appears in 2 contracts
Samples: Separation Agreement (Zymeworks Inc.), Separation Agreement (Zymeworks Inc.)
COBRA Reimbursement. Subject to Section 1(f)(iii) below, the The Company shall reimburse Employee Executive for the premium full amount of the payments Employee Executive makes for healthcare COBRA coverage for the first six (6) full calendar months immediately following the Separation Date (the “COBRA Reimbursement Period”), or if earlier, until (x) Executive has secured health insurance coverage through another employer or (y) the expiration of Executive’s eligibility for continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, for a period of up to eighteen (18) months, or until Employee is eligible for health insurance coverage through another employer, whichever occurs first, provided Employee Executive timely elects and pays and remains eligible for COBRA continuation coverage pursuant to COBRAcoverage, within the time period prescribed pursuant to COBRA. COBRA reimbursements shall be made by the Company to Employee Executive consistent with the Company’s normal expense reimbursement policy, provided that Employee Executive submits documentation to the Company substantiating EmployeeExecutive’s payments for COBRA coverage. Notwithstanding the preceding, if the Company determines in its sole discretion that it cannot provide COBRA reimbursement benefits without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act) (the “Determination”), then in lieu of such COBRA reimbursement benefits, the Company will instead provide the Employee a Executive taxable payment monthly cash payments, each in an amount equal to the monthly COBRA premium that Employee the Executive would be required to pay to continue Employeethe Executive’s group health coverage in effect on the date of termination of employment (which amount will be based on the premium for the first month of COBRA coverage), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, which payments will be made regardless of whether the Employee Executive elects or continues to remain eligible for COBRA continuation coverage and will commence in the month following the month Determination and continue through the end of the Termination Date COBRA Reimbursement Period. For the avoidance of doubt, such taxable cash payments may be used for any purpose, including, but not limited to, continuation coverage under COBRA, and continue for eighteen (18) months following the Termination Datewill be subject to any applicable withholdings.
Appears in 1 contract
Samples: Transition and Consulting Agreement (Osprey Technology Acquisition Corp.)
COBRA Reimbursement. Subject In the event that the Employee seeks reimbursement for COBRA coverage premiums pursuant to Section 1(f)(iii7(c)(ii), 7(c)(iii), 7(d)(ii), or 7(d)(iii), documentation substantiating payment to the COBRA vendor shall be submitted by the Employee to the Company within thirty (30) below, days of such payment and the Company shall reimburse Employee for the premium payments Employee makes for healthcare coverage pursuant make reimbursement to the Consolidated Omnibus Budget Reconciliation Act Employee within thirty (30) days of 1985, as amended (receipt of such documentation. The “COBRA”), less COBRA Reimbursement Period” shall begin on the amount that Employee was required to pay for Company-sponsored healthcare premiums as first day of the month following the Date of Termination Date, for and end upon the earliest of: (A) the conclusion of 12 months thereafter in the event of a period termination under Section 7(c)(ii) or 7(d)(ii) or the conclusion of up to eighteen 24 months thereafter in the event of a termination under Section 7(c)(iii) or 7(d)(iii); (18B) months, or until the date the Employee is no longer eligible for health to receive COBRA coverage; and (C) the date on which the Employee otherwise becomes eligible to receive medical insurance coverage through from another employer, whichever occurs first, provided . The Employee timely elects and pays and remains eligible for continuation coverage pursuant agrees to COBRA, within the time period prescribed pursuant to COBRA. COBRA reimbursements shall be made by notify the Company within five (5) calendar days of becoming eligible to receive medical insurance coverage from another employer. The Employee consistent agrees that if the Employee does not timely elect COBRA coverage with the Company’s normal expense reimbursement policyCOBRA vendor, provided that Employee submits documentation or does not timely submit COBRA premium payments to the Company substantiating COBRA vendor on an ongoing monthly basis, the Employee will have voluntarily waived his entitlement to receive COBRA reimbursement hereunder. Following the expiration of the COBRA Reimbursement Period, the Employee may elect to continue COBRA coverage for the remainder of the COBRA eligibility period as defined by law, if any, at the Employee’s payments for COBRA coverageown expense. Notwithstanding the preceding, if In no event will the Company determines in its sole discretion that it cannot provide COBRA reimbursement benefits without potentially violating applicable law (including, without limitation, Section 2716 be obligated to pay any portion of the Public Health Service Act), the Company will instead provide the Employee a taxable payment in an amount equal to the monthly COBRA premium that Employee would be required to pay to continue Employee’s group health COBRA coverage in effect on premiums for a period beyond the date of termination of employment (which amount will be based on the premium for the first month of COBRA coverage), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, which payments will be made regardless of whether the Employee elects or continues to remain eligible for COBRA continuation coverage and will commence in the month following the month of the Termination Date and continue for eighteen (18) months following the Termination DateReimbursement Period.
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COBRA Reimbursement. Subject to Section 1(f)(iii) below, the The Company shall reimburse Employee for the premium payments Employee makes for healthcare COBRA coverage in an amount equal to the Company-paid portion for such benefits as of immediately prior to the Separation Date for a period of up to the first eighteen (18) full calendar months following the Separation Date, or until Employee has secured health insurance coverage through another employer, whichever occurs first, provided Employee timely elects and pays for continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, for a period of up to eighteen (18) months, or until Employee is eligible for health insurance coverage through another employer, whichever occurs first, provided Employee timely elects and pays and remains eligible for continuation coverage pursuant to COBRA, within the time period prescribed pursuant to COBRA. COBRA reimbursements shall be made by the Company to Employee consistent with the Company’s normal expense reimbursement policy, provided that Employee submits documentation to the Company substantiating Employee’s payments for COBRA coverage. Notwithstanding the preceding, if the Company determines in its sole discretion that it cannot provide COBRA reimbursement benefits without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will instead provide the Employee a taxable payment in an amount equal to the Company-paid portion of the monthly COBRA premium that Employee would be required to pay to continue the Employee’s group health coverage in effect on the date of termination of employment (which amount will be based on the premium for the first month of COBRA coverage), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, which payments will be made regardless of whether the Employee elects or continues to remain eligible for COBRA continuation coverage and will commence in the month following the month of the Termination Separation Date and continue for eighteen (18) the period of months following the Termination Dateindicated in this paragraph.
Appears in 1 contract
COBRA Reimbursement. Subject to Section 1(f)(iii) below, the The Company shall reimburse Employee for the premium payments Employee makes for healthcare COBRA coverage in an amount equal to the Company-paid portion for such benefits as of immediately prior to the Separation Date for a period of up to the first eighteen (18) full calendar months following the Separation Date, or until Employee has secured health insurance coverage through another employer, whichever occurs first, provided Employee timely elects and pays for continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), less the amount that Employee was required to pay for Company4000-sponsored healthcare premiums as of the Termination Date, for a period of up to eighteen (18) months, or until Employee is eligible for health insurance coverage through another employer, whichever occurs first, provided Employee timely elects and pays and remains eligible for continuation coverage pursuant to COBRA, 0000-0000.2 within the time period prescribed pursuant to COBRA. COBRA reimbursements shall be made by the Company to Employee consistent with the Company’s normal expense reimbursement policy, provided that Employee submits documentation to the Company substantiating Employee’s payments for COBRA coverage. Notwithstanding the preceding, if the Company determines in its sole discretion that it cannot provide COBRA reimbursement benefits without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will instead provide the Employee a taxable payment in an amount equal to the Company-paid portion of the monthly COBRA premium that Employee would be required to pay to continue the Employee’s group health coverage in effect on the date of termination of employment (which amount will be based on the premium for the first month of COBRA coverage), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, which payments will be made regardless of whether the Employee elects or continues to remain eligible for COBRA continuation coverage and will commence in the month following the month of the Termination Separation Date and continue for eighteen (18) the period of months following the Termination Dateindicated in this paragraph.
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COBRA Reimbursement. Subject to Section 1(f)(iii) below, the The Company shall reimburse Employee for the premium payments Employee makes for healthcare COBRA coverage for a period of up to six (6) months, or until Employee has secured health insurance coverage through another employer, whichever occurs first, provided Employee timely elects and pays for continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, for a period of up to eighteen (18) months, or until Employee is eligible for health insurance coverage through another employer, whichever occurs first, provided Employee timely elects and pays and remains eligible for continuation coverage pursuant to COBRA, within the time period prescribed pursuant to COBRA. COBRA reimbursements shall be made by the Company to Employee consistent with the Company’s normal expense reimbursement policy, provided that Employee submits documentation to the Company substantiating Employee’s payments for COBRA coverage. Notwithstanding the preceding, if the Company determines in its sole discretion that it cannot provide COBRA reimbursement benefits without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will instead provide the Employee a taxable payment in an amount equal to the monthly COBRA premium premium, grossed up for income tax purposes, that the Employee would be required to pay to continue the Employee’s group health coverage in effect on the date of termination of employment (which amount will be based on the premium for the first month of COBRA coverage), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, which payments will be made regardless of whether the Employee elects or continues to remain eligible for COBRA continuation coverage and will commence in the month following the month of the Termination Separation Date and continue for eighteen (18) the period of months following the Termination Dateindicated in this paragraph.
Appears in 1 contract
Samples: Executive Employment Agreement (Osprey Technology Acquisition Corp.)
COBRA Reimbursement. Subject to Section 1(f)(iii) below, the The Company shall reimburse Employee Executive for the premium payments Employee Executive makes for healthcare COBRA coverage for a period of up to twelve (12) months or, as to each group health plan as to which Executive elects COBRA coverage, until Executive has secured health insurance coverage through another employer for coverage similar to such group health plan, whichever occurs first, provided Executive timely elects and pays for continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, for a period of up to eighteen (18) months, or until Employee is eligible for health insurance coverage through another employer, whichever occurs first, provided Employee timely elects and pays and remains eligible for continuation coverage pursuant to COBRA, within the time period prescribed pursuant to COBRA. COBRA reimbursements shall be made by the Company to Employee Executive consistent with the Company’s normal expense reimbursement policy, provided that Employee Executive submits documentation to the Company substantiating EmployeeExecutive’s payments for COBRA coverage. Notwithstanding the preceding, if the Company determines in its sole discretion that it cannot provide COBRA reimbursement benefits without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will instead provide the Employee Executive a taxable payment in an amount equal to the monthly COBRA premium that Employee the Executive would be required to pay to continue Employeethe Executive’s group health coverage in effect on the date of termination of employment (which amount will be based on the premium for the first month of COBRA coverage), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, which payments will be made regardless of whether the Employee Executive elects or continues to remain eligible for COBRA continuation coverage and will commence in the month following the month of the Termination Separation Date and continue for eighteen (18) the period of months following the Termination Date.indicated in this paragraph. d.
Appears in 1 contract
COBRA Reimbursement. Subject to Section 1(f)(iii) belowThe Company shall directly pay the premiums, the Company or shall reimburse Employee for the premium payments Employee makes makes, for healthcare COBRA coverage for a period of up to the first twelve (12) full calendar months that occur after the Separation Date, or until Employee has secured health insurance coverage through another employer, whichever occurs first, provided Employee timely elects and pays for continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, for a period of up to eighteen (18) months, or until Employee is eligible for health insurance coverage through another employer, whichever occurs first, provided Employee timely elects and pays and remains eligible for continuation coverage pursuant to COBRA, within the time period prescribed pursuant to COBRA. COBRA reimbursements shall be made by the Company to Employee consistent with the Company’s normal expense reimbursement policy, provided that Employee submits documentation to the Company substantiating Employee’s payments for COBRA coverage. Notwithstanding the preceding, if the Company determines in its sole discretion that it cannot provide COBRA direct pay or reimbursement benefits without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will instead provide the Employee a taxable payment in an amount equal to the monthly COBRA premium that the Employee would be required to pay to continue the Employee’s group health coverage in effect on the date of termination of employment (which amount will be based on the premium for the first month of COBRA coverage), less the amount that Employee was required to pay for Company-sponsored healthcare premiums as of the Termination Date, which payments will be made regardless of whether the Employee elects or continues to remain eligible for COBRA continuation coverage and will commence in the month following the month of the Termination Separation Date and continue for eighteen (18) the period of months following the Termination Dateindicated in this paragraph.
Appears in 1 contract