Compensation Following Termination. (a.) From the date of Employee's termination, whether by Employee or Nucor for any or no reason, Nucor will pay Employee a monthly amount for twenty-four (24) months following Employee's termination. The monthly amount will be computed using the following formula: the amount of Employee's highest base salary level during the prior twelve months multiplied by 3.36 and the product divided by twelve. The payments shall be made at the end of each month following Employee's termination on Nucor's regular monthly payroll date. (b.) In exchange for Nucor's promises in this Section 4 and other good and valuable consideration, Employee agrees to strictly abide by the terms of Sections 10, 11, and 13 of this Agreement. If Employee fails to strictly abide by the terms of Sections 10, 11, and 13 of this Agreement, Nucor may, at its option, do any or all of the following: (i) pursue any legal remedies available to it (including but not limited to injunctive relief, damages, and specific performance), and (ii) declare the monthly payment forfeited with respect to any month during which Employee is in breach of this Agreement. Nucor may declare the monthly payment forfeited if Employee is in breach of this Agreement for any portion of the month at issue, and Employee will not be entitled to a payment for that month. (c.) If Employee is employed by Nucor at the time of Employee's death, Nucor's obligations to make any monthly payments under this Agreement will automatically terminate and Employee's estate and executors will have no rights to payments under this Agreement. If Employee dies during the first twelve months following Employee's termination from employment with Nucor, then Nucor will pay Employee's estate the monthly payments through the end of the twelfth month following Employee's termination. If Employee dies twelve or more months after termination of Employee's employment with Nucor, then Nucor's obligations to make monthly payments under this Agreement will automatically terminate without the necessity of Nucor providing written notice.
Appears in 5 contracts
Samples: Executive Employment Agreement (Nucor Corp), Executive Employment Agreement (Nucor Corp), Executive Employment Agreement (Nucor Corp)
Compensation Following Termination. (a.a) From the date of Employee's terminationExecutive’s termination of employment with Nucor, whether by Employee Executive or Nucor for any or no reason, and provided that (i) Executive executes and returns to Nucor a separation and release agreement in form and substance satisfactory to Nucor, in its sole discretion, releasing any and all claims Executive has or may have against Nucor at the time of his termination of employment from Nucor, (ii) Executive is employed as an Executive Vice President of Nucor at the time of Executive’s termination of employment with Nucor, and (iii), except in the event Executive’s employment with Nucor is terminated in accordance with applicable laws, rules and regulations due to Executive’s disability, Executive is at least fifty eight (58) years of age and has served as an Executive Vice President of Nucor for at least five (5) consecutive years at the time of Executive’s termination of employment with Nucor (the “Monthly Payment Requirements”), Nucor will pay Employee a monthly amount Executive the Monthly Amount (as defined below) for twenty-four (24) months following Employee's Executive’s termination. Nucor shall have no obligation to make any payments of the Monthly Amount if, at the time of Executive’s termination of employment with Nucor, all of the Monthly Payment Requirements are not satisfied. The monthly “Monthly Amount” shall be an amount will be computed using equal to (i) the following formula: product of (A) the amount of Employee's Executive’s highest base salary level during the twelve (12) month period immediately prior twelve months to his date of termination, multiplied by 3.36 and the product (B) 3.36, (ii) divided by twelvetwelve (12). The Subject to the provisions of Section 24 of this Agreement, the payments of any Monthly Amount due shall be made at the end of each month following Employee's Executive’s termination of employment with Nucor on Nucor's ’s regular monthly payroll date.
(b.b) In exchange for Nucor's promises ’s agreement to pay the Monthly Amount as set forth in this Section 4 3, and other good and valuable consideration, Employee including without limitation the compensation and benefits set forth in Section 2 of this Agreement, Executive agrees to strictly abide by the terms of Sections 10, 11, and 8 through 13 of this Agreement. If Employee fails to strictly abide by the terms of Sections 10, 11, and 13 of this Agreement, Nucor may, at its option, do any or all of the following: (i) pursue any legal remedies available to it (including but not limited to injunctive relief, damages, and specific performance), and (ii) declare the monthly payment forfeited with respect to any month during which Employee is in breach of this Agreement. Nucor may declare the monthly payment forfeited if Employee is in breach of this Agreement for any portion of the month at issue, and Employee will not be entitled to a payment for that month.
(c.c) If Employee Executive is employed by Nucor at the time of Employee's Executive’s death, Nucor's ’s obligations to make any monthly payments of the Monthly Amount under this Agreement will automatically terminate and Employee's Executive’s estate and executors will have no rights to any payments of the Monthly Amount under this Agreement. If Employee Executive dies during the first twelve (12) months following Employee's Executive’s termination from employment with Nucor, then Nucor will pay Employee's Executive’s estate the monthly payments of the Monthly Amount due pursuant to Section 3(a) of this Agreement through the end of the twelfth (12th) month following Employee's terminationExecutive’s termination from employment with Nucor. If Employee Executive dies twelve (12) or more months after termination of Employee's Executive’s employment with Nucor, then Nucor's ’s obligations to make monthly any payments of the Monthly Amount under Section 3(a) of this Agreement will automatically terminate without the necessity of Nucor providing notice, written noticeor otherwise.
(d) The amounts payable pursuant to this Section 3 of this Agreement shall be in addition to and not in lieu of any amounts payable to Executive pursuant to the Nucor Corporation Severance Plan for Senior Officers and General Managers (the “Severance Plan”), which payments, if any, shall be governed by the terms and conditions of the Severance Plan.
Appears in 4 contracts
Samples: Executive Employment Agreement (Nucor Corp), Executive Employment Agreement (Nucor Corp), Executive Employment Agreement (Nucor Corp)
Compensation Following Termination. (a.a) From the date of Employee's terminationExecutive’s termination of employment with Nucor, whether by Employee Executive or Nucor for any or no reason, and provided that Executive executes and returns to Nucor a separation and release agreement in form and substance satisfactory to Nucor, in its sole discretion, releasing any and all claims Executive has or may have against Nucor at the time of his termination of employment from Nucor, Nucor will pay Employee a monthly amount Executive the Monthly Amount (as defined below) for twenty-four (24) months following Employee's Executive’s termination. The monthly “Monthly Amount” shall be an amount will be computed using equal to (i) the following formula: product of (A) the amount of Employee's Executive’s highest base salary level during the twelve (12) month period immediately prior twelve months to his date of termination, multiplied by 3.36 and the product (B) 3.36, (ii) divided by twelvetwelve (12). The Subject to the provisions of Section 24 of this Agreement, the payments of the Monthly Amount shall be made at the end of each month following Employee's Executive’s termination of employment with Nucor on Nucor's ’s regular monthly payroll date.
(b.b) In exchange for Nucor's promises ’s agreement to pay the Monthly Amount as set forth in this Section 4 3, and other good and valuable consideration, Employee including without limitation the compensation and benefits set forth in Section 2 of this Agreement, Executive agrees to strictly abide by the terms of Sections 10, 11, and 8 through 13 of this Agreement. If Employee fails to strictly abide by the terms of Sections 10, 11, and 13 of this Agreement, Nucor may, at its option, do any or all of the following: (i) pursue any legal remedies available to it (including but not limited to injunctive relief, damages, and specific performance), and (ii) declare the monthly payment forfeited with respect to any month during which Employee is in breach of this Agreement. Nucor may declare the monthly payment forfeited if Employee is in breach of this Agreement for any portion of the month at issue, and Employee will not be entitled to a payment for that month.
(c.c) If Employee Executive is employed by Nucor at the time of Employee's Executive’s death, Nucor's ’s obligations to make any monthly payments of the Monthly Amount under this Agreement will automatically terminate and Employee's Executive’s estate and executors will have no rights to any payments of the Monthly Amount under this Agreement. If Employee Executive dies during the first twelve (12) months following Employee's Executive’s termination from employment with Nucor, then Nucor will pay Employee's Executive’s estate the monthly payments of the Monthly Amount due pursuant to Section 3(a) of this Agreement through the end of the twelfth (12th) month following Employee's terminationExecutive’s termination from employment with Nucor. If Employee Executive dies twelve (12) or more months after termination of Employee's Executive’s employment with Nucor, then Nucor's ’s obligations to make monthly any payments of the Monthly Amount under Section 3(a) of this Agreement will automatically terminate without the necessity of Nucor providing notice, written noticeor otherwise.
(d) The amounts payable pursuant to this Section 3 of this Agreement shall be in addition to and not in lieu of any amounts payable to Executive pursuant to the Nucor Corporation Severance Plan for Senior Officers and General Managers (the “Severance Plan”), which such payments, if any, shall be governed by the terms and conditions of the Severance Plan.
Appears in 4 contracts
Samples: Executive Employment Agreement, Retirement, Separation, Waiver and Release Agreement (Nucor Corp), Executive Employment Agreement (Nucor Corp)
Compensation Following Termination. (a.a) From the date of Employee's Executive’s termination, whether by Employee Executive or Nucor for any or no reason, Nucor will pay Employee Executive a monthly amount for twenty-four (24) months following Employee's Executive’s termination. The monthly amount will be computed using the following formula: the amount of Employee's Executive’s highest base salary level during the prior twelve (12) months multiplied by 3.36 and the product divided by twelvetwelve (12). The payments shall be made at the end of each month following Employee's Executive’s termination on Nucor's ’s regular monthly payroll date.
(b.b) In exchange for Nucor's ’s promises in this Section 4 3 and other good and valuable consideration, Employee Executive agrees to strictly abide by the terms of Sections 10, 11, and 8 through 13 of this Agreement. If Employee Executive fails to strictly abide by the terms of Sections 10, 11, and 8 through 13 of this Agreement, Nucor may, at its option, do any or all of the following: (i) pursue any legal remedies available to it (including but not limited to injunctive relief, damages, and specific performance), and (ii) declare the monthly payment payments forfeited with respect to any month during which Employee Executive is in breach of this Agreement. Nucor may declare the monthly payment payments forfeited if Employee Executive is in breach of this Agreement for any portion of the month at issue, and Employee Executive will not be entitled to a payment for that month.
(c.c) If Employee Executive is employed by Nucor at the time of Employee's Executive’s death, Nucor's ’s obligations to make any monthly payments under this Agreement will automatically terminate and Employee's Executive’s estate and executors will have no rights to payments under this Agreement. If Employee Executive dies during the first twelve months following Employee's Executive’s termination from employment with Nucor, then Nucor will pay Employee's Executive’s estate the monthly payments due under this Section through the end of the twelfth (12th) month following Employee's Executive’s termination. If Employee Executive dies twelve or more months after termination of Employee's Executive’s employment with Nucor, then Nucor's ’s obligations to make monthly payments under this Agreement Section will automatically terminate without the necessity of Nucor providing written notice.
Appears in 2 contracts
Samples: Executive Employment Agreement (Nucor Corp), Executive Employment Agreement (Nucor Corp)
Compensation Following Termination. (a.a) From the date If Employee’s employment terminates because of Employee's termination’s death, whether Employer shall pay a lump sum death benefit to the person or persons designated in a written notice filed with Employer by Employee or Nucor for any or or, if no reasonperson has been designated, Nucor will pay Employee a monthly amount for twenty-four (24) months following to Employee's termination’s estate. The monthly amount of the lump sum death benefit will be computed using the following formula: equal the amount of Employee's highest ’s then current annual base salary level during plus the annualized amount of incentive compensation paid Employee most recently prior twelve months to Employee’s death, multiplied by 3.36 and the product divided by twelvenumber of months remaining in the term of this Employment Agreement not to exceed two months. The payments This lump sum death benefit shall be made at the end of each month following in addition to any life insurance payable pursuant to Article 6 and/or any other amounts that Employee's termination on Nucor's regular monthly payroll date’s beneficiaries and estate may be entitled to receive under any Employee benefit plan maintained by Employer.
(b.b) In exchange If Employee’s employment is terminated by Employer for Nucor's promises in this Cause, or by Employee other than pursuant to Section 4 and other good and valuable consideration9.4(a), (b), or (c), Employer shall pay Employee agrees to strictly abide by Employee’s then current base salary through the terms of Sections 10, 11date employment is terminated, and 13 of Employer shall have no further obligations to Employee under this Employment Agreement. If Employee fails to strictly abide by the terms of Sections 10, 11, and 13 of this Agreement, Nucor may, at its option, do any or all of the following: (i) pursue any legal remedies available to it (including but not limited to injunctive relief, damages, and specific performance), and (ii) declare the monthly payment forfeited with respect to any month during which Employee is in breach of this Agreement. Nucor may declare the monthly payment forfeited if Employee is in breach of this Agreement for any portion of the month at issue, and Employee will not be entitled to a payment for that month.
(c.c) If Employee’s employment is terminated by Employer other than for Cause and prior to a Change of Control, or by Employee pursuant Section 9.4(a), Employer shall pay Employee Employee’s then current base salary through the date employment is employed terminated and any legal fees and expenses incurred by Nucor at Employee to enforce Employee’s rights under this Employment Agreement. In addition, Employer shall pay Employee as liquidated damages an amount equal to the time sum of Employee's death’s then current base salary over six months plus any approved and unpaid incentive bonus; this time period hereafter referred to as the Liquidated Damage Period. In addition, Nucor's obligations all employee benefits according to make sections 6 and 7 will be maintained through the Liquidated Damage Period. If by law any monthly payments benefit cannot be maintained due to termination of employment, the cash value of said benefit will be paid to Employee over the Liquidated Damage Period.
(d) As an incentive for the retention of Employee following a Change of Control or an event described in Section 9.4(b), if Employee’s employment is terminated by Employer without Cause and following a Change of Control, or by Employee pursuant to Section 9.4(b) Employer shall pay Employee’s then current base salary through the date employment is terminated and any legal fees and expenses incurred by Employee to enforce Employee’s rights under this Agreement will automatically terminate Employment Agreement. In addition, Employer shall pay Employee as liquidated damages an amount equal to two times Employee’s then current annual base salary.
(e) If Employee’s employment is terminated by Employee pursuant to Section 9.4(c) Employer shall pay Employee’s then current base salary through the date employment is terminated and any legal fees and expenses incurred by Employee to enforce Employee's estate and executors will have no ’s rights to payments under this Employment Agreement. If In addition, Employer shall pay Employee dies during as liquidated damages an amount equal to the first twelve months following Employee's termination from employment with Nucor, then Nucor will pay Employee's estate the monthly payments through the end of the twelfth month following Employee's termination. If Employee dies twelve or more months after termination sum of Employee's employment with Nucor’s then current salary plus approved and unpaid incentive compensation from the date of termination through December 31, then Nucor's obligations to make monthly payments under this Agreement will automatically terminate without the necessity of Nucor providing written notice2017.
Appears in 2 contracts
Samples: Employment Agreement (Celsius Holdings, Inc.), Employment Agreement (Celsius Holdings, Inc.)
Compensation Following Termination. (a.a) From the date of Employee's terminationExecutive’s termination of employment with Nucor, whether by Employee Executive or Nucor for any or no reason, and provided that Executive executes and returns to Nucor a separation and release agreement in form and substance satisfactory to Nucor, in its sole discretion, releasing any and all claims Executive has or may have against Nucor at the time of his termination of employment from Nucor, Nucor will pay Employee a monthly amount Executive the Monthly Amount (as defined below) for twenty-four (24) months following Employee's Executive’s termination. The monthly “Monthly Amount” shall be an amount will be computed using equal to (i) the following formula: product of (A) the amount of Employee's Executive’s highest base salary level during the twelve (12) month period immediately prior twelve months to his date of termination, multiplied by 3.36 and the product (B) 3.36, (ii) divided by twelvetwelve (12). The Subject to the provisions of Section 24 of this Agreement, the payments of the Monthly Amount shall be made at the end of each month following Employee's Executive’s termination of employment with Nucor on Nucor's ’s regular monthly payroll date.
(b.b) In exchange for Nucor's promises ’s agreement to pay the Monthly Amount as set forth in this Section 4 3, and other good and valuable consideration, Employee including without limitation the compensation and benefits set forth in Section 2 of this Agreement, Executive agrees to strictly abide by the terms of Sections 10, 11, and 8 through 13 of this Agreement. If Employee fails to strictly abide by the terms of Sections 10, 11, and 13 of this Agreement, Nucor may, at its option, do any or all of the following: (i) pursue any legal remedies available to it (including but not limited to injunctive relief, damages, and specific performance), and (ii) declare the monthly payment forfeited with respect to any month during which Employee is in breach of this Agreement. Nucor may declare the monthly payment forfeited if Employee is in breach of this Agreement for any portion of the month at issue, and Employee will not be entitled to a payment for that month.
(c.c) If Employee Executive is employed by Nucor at the time of Employee's Executive’s death, Nucor's ’s obligations to make any monthly payments of the Monthly Amount under this Agreement will automatically terminate and Employee's Executive’s estate and executors will have no rights to any payments of the Monthly Amount under this Agreement. If Employee Executive dies during the first twelve (12) months following Employee's Executive’s termination from employment with Nucor, then Nucor will pay Employee's Executive’s estate the monthly payments of the Monthly Amount due pursuant to Section 3(a) of this Agreement through the end of the twelfth (12 th ) month following Employee's terminationExecutive’s termination from employment with Nucor. If Employee Executive dies twelve (12) or more months after termination of Employee's Executive’s employment with Nucor, then Nucor's ’s obligations to make monthly any payments of the Monthly Amount under Section 3(a) of this Agreement will automatically terminate without the necessity of Nucor providing notice, written noticeor otherwise.
(d) The amounts payable pursuant to this Section 3 of this Agreement shall be in addition to and not in lieu of any amounts payable to Executive pursuant to the Nucor Corporation Severance Plan for Senior Officers and General Managers (the “Severance Plan”), which such payments, if any, shall be governed by the terms and conditions of the Severance Plan.
Appears in 1 contract
Samples: Retirement, Separation, Waiver and Release Agreement (Nucor Corp)
Compensation Following Termination. (a.) From the date of Employee's termination, whether by Employee or Nucor for any or no reason, Nucor will pay Employee a monthly amount for twenty-four (24) months following Employee's termination. The monthly amount will be computed using the following formula: the amount of Employee's highest base salary level during the prior twelve months multiplied by 3.36 and the product divided by twelve. The payments shall be made at the end of each month following Employee's termination on Nucor's regular monthly payroll date.
(b.) In exchange for Nucor's promises in this Section 4 and other good and valuable consideration, Employee agrees to strictly abide by the terms of Sections 10, 11, 13, and 13 17 of this Agreement. If Employee fails to strictly abide by the terms of Sections 10, 11, 13, and 13 17 of this Agreement, Nucor may, at its option, do any or all of the following: (i) pursue any legal remedies available to it (including but not limited to injunctive relief, damages, and specific performance), and (ii) declare the monthly payment forfeited with respect to any month during which Employee is in breach of this Agreement. Nucor may declare the monthly payment forfeited if Employee is in breach of this Agreement for any portion of the month at issue, and Employee will not be entitled to a payment for that month.
(c.) If Employee is employed by Nucor at the time of Employee's death, Nucor's obligations to make any monthly payments under this Agreement will automatically terminate and Employee's estate and executors will have no rights to payments under this Agreement. If Employee dies during the first twelve months following Employee's termination from employment with Nucor, then Nucor will pay Employee's estate the monthly payments through the end of the twelfth month following Employee's termination. If Employee dies twelve or more months after termination of Employee's employment with Nucor, then Nucor's obligations to make monthly payments under this Agreement will automatically terminate without the necessity of Nucor providing written notice.
Appears in 1 contract
Compensation Following Termination. (a.a) From the date of Employee's terminationExecutive’s termination of employment with Nucor, whether by Employee Executive or Nucor for any or no reason, and provided that (i) Executive executes and returns to Nucor a separation and release agreement in form and substance satisfactory to Nucor, in its sole discretion, releasing any and all claims Executive has or may have against Nucor at the time of her termination of employment from Nucor, (ii) Executive is employed as an Executive Vice President of Nucor at the time of Executive’s termination of employment with Nucor, and (iii), except in the event Executive’s employment with Nucor is terminated in accordance with applicable laws, rules and regulations due to Executive’s disability, Executive is at least 58 years of age and has served as an Executive Vice President of Nucor for at least 5 consecutive years at the time of Executive’s termination of employment with Nucor (the “Monthly Payment Requirements”), Nucor will pay Employee a monthly amount Executive the Monthly Amount (as defined below) for twenty-four (24) 24 months following Employee's terminationExecutive’s termination of employment with Nucor. Nucor shall have no obligation to make any payments of the Monthly Amount if, at the time of Executive’s termination of employment with Nucor, all of the Monthly Payment Requirements are not satisfied. The monthly “Monthly Amount” shall be an amount will be computed using equal to (i) the following formula: product of (A) the amount of Employee's Executive’s highest base salary level during the 12 month period immediately prior twelve months to her date of termination, multiplied by 3.36 and the product (B) 3.36, (ii) divided by twelve12. The Subject to the provisions of Section 24 of this Agreement, the payments of any Monthly Amount due shall be made at the end of each month following Employee's Executive’s termination of employment with Nucor on Nucor's ’s regular monthly payroll date.
(b.b) In exchange for Nucor's promises ’s agreement to pay the Monthly Amount as set forth in this Section 4 3, and other good and valuable consideration, Employee including without limitation the compensation and benefits set forth in Section 2 of this Agreement, Executive agrees to strictly abide by the terms of Sections 10, 11, and 8 through 13 of this Agreement. If Employee fails to strictly abide by the terms of Sections 10, 11, and 13 of this Agreement, Nucor may, at its option, do any or all of the following: (i) pursue any legal remedies available to it (including but not limited to injunctive relief, damages, and specific performance), and (ii) declare the monthly payment forfeited with respect to any month during which Employee is in breach of this Agreement. Nucor may declare the monthly payment forfeited if Employee is in breach of this Agreement for any portion of the month at issue, and Employee will not be entitled to a payment for that month.
(c.c) If Employee Executive is employed by Nucor at the time of Employee's Executive’s death, Nucor's ’s obligations to make any monthly payments of the Monthly Amount under this Agreement will automatically terminate and Employee's Executive’s estate and executors will have no rights to any payments of the Monthly Amount under this Agreement. If Employee Executive dies during the first twelve 12 months following Employee's Executive’s termination from employment with Nucor, then Nucor will pay Employee's Executive’s estate the monthly payments of the Monthly Amount due pursuant to Section 3(a) of this Agreement through the end of the twelfth 12th month following Employee's terminationExecutive’s termination from employment with Nucor. If Employee Executive dies twelve 12 or more months after termination of Employee's Executive’s employment with Nucor, then Nucor's ’s obligations to make monthly any payments of the Monthly Amount under Section 3(a) of this Agreement will automatically terminate without the necessity of Nucor providing notice, written noticeor otherwise.
(d) The amounts payable pursuant to this Section 3 of this Agreement shall be in addition to and not in lieu of any amounts payable to Executive pursuant to the Nucor Corporation Severance Plan for Senior Officers and General Managers (the “Severance Plan”), which payments, if any, shall be governed by the terms and conditions of the Severance Plan.
Appears in 1 contract
Compensation Following Termination. (a.a) From the date of Employee's terminationExecutive’s termination of employment with Nucor, whether by Employee Executive or Nucor for any or no reason, and provided that Executive executes and returns to Nucor a separation and release agreement in form and substance satisfactory to Nucor, in its sole discretion, releasing any and all claims Executive has or may have against Nucor at the time of his termination of employment from Nucor, Nucor will pay Employee a monthly amount Executive the Monthly Amount (as defined below) for twenty-four (24) months following Employee's Executive’s termination. The monthly “Monthly Amount” shall be an amount will be computed using equal to (i) the following formula: product of (A) the amount of Employee's Executive’s highest base salary level during the twelve (12) month period immediately prior twelve months to his date of termination, multiplied by 3.36 and the product (B) 3.36, (ii) divided by twelvetwelve (12). The Subject to the provisions of Section 24 of this Agreement, the payments of the Monthly Amount shall be made at the end of each month following Employee's Executive’s termination of employment with Nucor on Nucor's ’s regular monthly payroll date.
(b.b) In exchange for Nucor's promises ’s agreement to pay the Monthly Amount as set forth in this Section 4 3, and other good and valuable consideration, Employee including without limitation the compensation and benefits set forth in Section 2 of this Agreement, Executive agrees to strictly abide by the terms of Sections 10, 11, and 8 through 13 of this Agreement. If Employee fails to strictly abide by the terms of Sections 10, 11, and 13 of this Agreement, Nucor may, at its option, do any or all of the following: (i) pursue any legal remedies available to it (including but not limited to injunctive relief, damages, and specific performance), and (ii) declare the monthly payment forfeited with respect to any month during which Employee is in breach of this Agreement. Nucor may declare the monthly payment forfeited if Employee is in breach of this Agreement for any portion of the month at issue, and Employee will not be entitled to a payment for that month.
(c.c) If Employee Executive is employed by Nucor at the time of Employee's Executive’s death, Nucor's ’s obligations to make any monthly payments of the Monthly Amount under this Agreement will automatically terminate and Employee's Executive’s estate and executors will have no rights to any payments of the Monthly Amount under this Agreement. If Employee Executive dies during the first twelve (12) months following Employee's Executive’s termination from employment with Nucor, then Nucor will pay Employee's Executive’s estate the monthly payments of the Monthly Amount due pursuant to Section 3(a) of this Agreement through the end of the twelfth (12th) month following Employee's terminationExecutive’s termination from employment with Nucor. If Employee Executive dies twelve (12) or more months after termination of Employee's Executive’s employment with Nucor, then Nucor's ’s obligations to make monthly any payments of the Monthly Amount under Section 3(a) of this Agreement will automatically terminate without the necessity of Nucor providing notice, written noticeor otherwise.
(d) The amounts payable pursuant to this Section 3 of this Agreement shall be in addition to and not in lieu of any amounts payable to Executive pursuant to the Nucor Corporation Severance Plan for Senior Officers and General Managers (the “Severance Plan”), which payments, if any, shall be governed by the terms and conditions of the Severance Plan.
Appears in 1 contract
Compensation Following Termination. (a.a) From the date of Employee's terminationExecutive’s termination of employment with Nucor, whether by Employee Executive or Nucor for any or no reason, Nucor will pay Employee a monthly amount Executive the Monthly Amount (as defined below) for twenty-four (24) months following Employee's Executive’s termination. The monthly “Monthly Amount” shall be an amount will be computed using equal to (i) the following formula: product of (A) the amount of Employee's Executive’s highest base salary level during the twelve (12) month period immediately prior twelve months to his date of termination, multiplied by 3.36 and the product (B) 3.36, (ii) divided by twelvetwelve (12). The Subject to the provisions of Section 24 of this Agreement, the payments of the Monthly Amount shall be made at the end of each month following Employee's Executive’s termination of employment with Nucor on Nucor's ’s regular monthly payroll date.
(b.b) In exchange for Nucor's promises ’s agreement to pay the Monthly Amount as set forth in this Section 4 3, and other good and valuable consideration, Employee including without limitation the compensation and benefits set forth in Section 2 of this Agreement, Executive agrees to strictly abide by the terms of Sections 10, 11, and 13 8 through 12 of this Agreement. If Employee fails to strictly abide by the terms of Sections 10, 11, and 13 of this Agreement, Nucor may, at its option, do any or all of the following: (i) pursue any legal remedies available to it (including but not limited to injunctive relief, damages, and specific performance), and (ii) declare the monthly payment forfeited with respect to any month during which Employee is in breach of this Agreement. Nucor may declare the monthly payment forfeited if Employee is in breach of this Agreement for any portion of the month at issue, and Employee will not be entitled to a payment for that month.
(c.c) If Employee Executive is employed by Nucor at the time of Employee's Executive’s death, Nucor's ’s obligations to make any monthly payments of the Monthly Amount under this Agreement will automatically terminate and Employee's Executive’s estate and executors will have no rights to any payments of the Monthly Amount under this Agreement. If Employee Executive dies during the first twelve months following Employee's Executive’s termination from employment with Nucor, then Nucor will pay Employee's Executive’s estate the monthly payments of the Monthly Amount due pursuant to Section 3(a) of this Agreement through the end of the twelfth (12 th) month following Employee's terminationExecutive’s termination from employment with Nucor. If Employee Executive dies twelve (12) or more months after termination of Employee's Executive’s employment with Nucor, then Nucor's ’s obligations to make monthly any payments of the Monthly Amount under Section 3(a) of this Agreement will automatically terminate without the necessity of Nucor providing written notice.
(d) The amounts payable pursuant to this Section 3 of this Agreement shall be in addition to and not in lieu of any amounts payable to Executive pursuant to the Nucor Corporation Severance Plan for Senior Officers and General Managers (the “Severance Plan”), which such payments, if any, shall be governed by the terms and conditions of the Severance Plan.
Appears in 1 contract