Compensation Other Than Severance Payments. 5.1 Following a Change in Control and during the term of this Agreement, during any period that the Executive fails to perform the Executive’s full-time duties with the Company as a result of incapacity due to physical or mental illness, the Company shall pay the Executive’s full salary to the Executive at the rate in effect at the commencement of any such period, together with all compensation and benefits payable to the Executive under the terms of any compensation or benefit plan, program or arrangement maintained by the Company during such period, until the Executive’s employment is terminated by the Company for Disability. 5.2 If the Executive’s employment shall be terminated for any reason following a Change in Control and during the term of this Agreement, the Company shall pay the Executive’s full salary to the Executive through the Date of Termination at the rate in effect at the time the Notice of Termination is given, together with all compensation and benefits payable to the Executive through the Date of Termination under the terms of any compensation or benefit plan, program or arrangement maintained by the Company during such period. 5.3 If the Executive’s employment shall be terminated for any reason following a Change in Control and during the term of this Agreement, the Company shall pay to the Executive any such post-termination compensation and benefits as are due to the Executive under any applicable separation, severance or employment agreement between the Company and the Executive (“Post-Termination Payments”) as such payments become due; provided that in no event shall any Post-Termination Payments be paid if the Executive is entitled to the Severance Payments (as defined in Section 6.1) as a result of such termination.
Appears in 8 contracts
Samples: Change in Control Severance Agreement (J Jill Group Inc), Change in Control Severance Agreement (J Jill Group Inc), Change in Control Severance Agreement (J Jill Group Inc)
Compensation Other Than Severance Payments. 5.1 5.01 Following a Change in Control and during the term of this Agreement, during any period that the Executive fails to perform the Executive’s 's full-time duties with the Company as a result of incapacity due to physical or mental illness, the Company shall pay the Executive’s 's full salary to the Executive at the rate in effect at the commencement of any such period, together with all compensation and benefits payable to the Executive under the terms of any compensation or benefit plan, program or arrangement maintained by the Company during such period, until the Executive’s 's employment is terminated by the Company for Disability.
5.2 5.02 If the Executive’s 's employment shall be terminated for any reason following a Change in Control and during the term of this Agreement, the Company shall pay the Executive’s 's full salary to the Executive through the Date of Termination at the rate in effect at the time the Notice of Termination is given, together with all compensation and benefits payable to the Executive through the Date of Termination under the terms of any compensation or benefit plan, program or arrangement maintained by the Company during such period.
5.3 5.03 If the Executive’s 's employment shall be terminated for any reason following a Change in Control and during the term of this Agreement, the Company shall pay to the Executive any such Executive's normal post-termination compensation and benefits as are due to the Executive under any applicable separation, severance or employment agreement between the Company and the Executive (“Post-Termination Payments”) as such payments become due; provided that . Such post-termination compensation and benefits shall be determined under, and paid in no event shall any Post-Termination Payments be paid if accordance with, the Executive is entitled to the Severance Payments (as defined in Section 6.1) as a result of such terminationCompany's retirement, insurance and other compensation or benefit plans, programs and arrangements.
Appears in 6 contracts
Samples: Employment Agreement (Haverty Furniture Companies Inc), Employment Agreement (Haverty Furniture Companies Inc), Employment Agreement (Haverty Furniture Companies Inc)
Compensation Other Than Severance Payments. 5.1 Following a Change in Control and during the term of this Agreement, during any period that the Executive fails to perform the Executive’s 's full-time duties with the Company as a result of incapacity due to physical or mental illness, the Company shall pay the Executive’s 's full salary to the Executive at the rate in effect at the commencement of any such period, together with all compensation and benefits payable to the Executive under the terms of any compensation or benefit plan, program or arrangement maintained by the Company during such period, until the Executive’s 's employment is terminated by the Company for Disability.
5.2 If the Executive’s 's employment shall be terminated for any reason following a Change in Control and during the term of this Agreement, the Company shall pay the Executive’s 's full salary to the Executive through the Date of Termination at the rate in effect at the time the Notice of Termination is given, together with all compensation and benefits payable to the Executive through the Date of Termination under the terms of any compensation or benefit plan, program or arrangement maintained by the Company during such period.
5.3 If the Executive’s 's employment shall be terminated for any reason following a Change in Control and during the term of this Agreement, the Company shall pay to the Executive any such post-termination compensation and benefits as are is due to the Executive under any applicable separation, severance separation or employment agreement between the Company and the Executive (“"Post-Termination Payments”") as such payments become due; provided that in no event shall any Post-Termination Payments be paid if the Executive is entitled to the Severance Payments (as defined in Section 6.1) as a result of such termination.
Appears in 6 contracts
Samples: Severance Agreement (J Jill Group Inc), Severance Agreement (J Jill Group Inc), Severance Agreement (J Jill Group Inc)
Compensation Other Than Severance Payments. 5.1 Following a Change in Control and during the term of this Agreement, during any period that the Executive fails to perform the Executive’s 's full-time duties with the Company as a result of incapacity due to physical or mental illness, the Company shall pay the Executive’s 's full salary to the Executive at the rate in effect at the commencement of any such period, together with all compensation and benefits payable to the Executive under the terms of any compensation or benefit plan, program or arrangement maintained by the Company during such period, until the Executive’s 's employment is terminated by the Company for Disability.
5.2 If the Executive’s 's employment shall be terminated for any reason following a Change in Control and during the term of this Agreement, the Company shall pay the Executive’s 's full salary to the Executive through the Date of Termination at the rate in effect at the time the Notice of Termination is given, together with all compensation and benefits payable to the Executive through the Date of Termination under the terms of any compensation or benefit plan, program or arrangement maintained by the Company during such periodprior to the Date of Termination.
5.3 If the Executive’s 's employment shall be terminated for any reason following a Change in Control and during the term of this Agreement, the Company shall pay to the Executive any such Executive's normal post-termination compensation and benefits as are due to the Executive under any applicable separation, severance or employment agreement between the Company and the Executive (“Post-Termination Payments”) as such payments become due. Such post-termination compensation and benefits shall be determined under, and paid in accordance with, the Company's retirement, insurance and other compensation or benefit plans, programs and arrangements; provided however, that in no event shall any Post-Termination Payments be paid if the Executive is entitled to the Severance Payments (as defined under Section 6.0 of this Agreement shall be the only severance paid following a Change in Section 6.1) as a result Control during the term of such terminationthis Agreement.
Appears in 6 contracts
Samples: Change in Control Agreement (Picturetel Corp), Executive Officer Change in Control Agreement (Picturetel Corp), Change in Control Agreement (Picturetel Corp)
Compensation Other Than Severance Payments. 5.1 5.1. Following a Change in Control and during the term of this Agreement, during any period that the Executive fails to perform the Executive’s 's full-time duties with the Company as a result of incapacity due to physical or mental illness, the Company shall pay the Executive’s 's full salary to the Executive at the rate in effect at the commencement of any such period, together with all compensation and benefits payable to the Executive under the terms of any compensation or benefit plan, program or arrangement maintained by the Company during such period, until the Executive’s 's employment is terminated by the Company for Disability.
5.2 5.2. If the Executive’s 's employment shall be terminated for any reason following a Change in Control and during the term of this Agreement, the Company shall pay the Executive’s 's full salary to the Executive through the Date of Termination at the rate in effect at the time the Notice of Termination is given, together with all compensation and benefits payable to the Executive through the Date of Termination under the terms of any compensation or benefit plan, program or arrangement maintained by the Company during such period.
5.3 5.3. If the Executive’s 's employment shall be terminated for any reason following a Change in Control and during the term of this Agreement, Agreement the Company shall pay to the Executive any such Executive's normal post-termination compensation and benefits as are due to the Executive under any applicable separation, severance or employment agreement between the Company and the Executive (“Post-Termination Payments”) as when such payments become due; provided that . Such post-termination compensation and benefits shall be determined under, and paid in no event shall any Post-Termination Payments be paid if the Executive is entitled to the Severance Payments (as defined in Section 6.1) as a result of such terminationaccordance with, this Company's retirement, insurance and other compensation or benefit plans, programs and arrangements.
Appears in 4 contracts
Samples: Severance Agreement (Systems & Computer Technology Corp), Severance Agreement (Systems & Computer Technology Corp), Severance Agreement (Systems & Computer Technology Corp)
Compensation Other Than Severance Payments. 5.1 5.01 Following a Change in Control and during the term of this Agreement, during any period that the Executive fails to perform the Executive’s 's full-time duties with the Company as a result of incapacity due to physical or mental illness, the Company shall pay the Executive’s 's full salary to the Executive at the rate in effect at the commencement of any such period, together with all compensation and benefits payable to the Executive under the terms of any compensation or benefit plan, program or arrangement maintained by the Company during such period, until the Executive’s 's employment is terminated by the Company for Disability.
5.2 5.02 If the Executive’s 's employment shall be terminated for any reason following a Change in Control and during the term of this Agreement, the Company shall pay the Executive’s 's full salary to the Executive through the Date of Termination at the rate in effect at the time the Notice of Termination is given, together with all compensation and benefits payable to the Executive through the Date of Termination under the terms of any compensation or benefit plan, program or arrangement maintained by the Company during such period.
5.3 5.03 If the Executive’s 's employment shall be terminated for any reason following a Change in Control and during the term of this Agreement, the Company shall pay to the Executive any such Executive's normal post-termination compensation and benefits as are due to the Executive under any applicable separation, severance or employment agreement between the Company and the Executive (“Post-Termination Payments”) as such payments become due; provided that . Such post-termination compensation and benefits shall be determined under, and paid in no event shall any Post-Termination Payments be paid if the Executive is entitled to the Severance Payments (as defined in Section 6.1) as a result of such termination.accordance
Appears in 2 contracts
Samples: Agreement (Haverty Furniture Companies Inc), Agreement (Haverty Furniture Companies Inc)
Compensation Other Than Severance Payments. 5.1 Following a Change in Control and during the term of this Agreement, during any period that if the Executive fails to perform the Executive’s 's full-time duties with the Company as a result of incapacity due to physical or mental illness, the Company shall pay the Executive’s 's full salary to the Executive at the rate in effect at the commencement of any such the relevant period, together with all compensation and benefits payable to the Executive under the terms of any compensation or benefit benefits plan, program or arrangement maintained by the Company during such period, until the Executive’s 's employment is terminated by the Company for Disability.
5.2 If the Executive’s 's employment shall be is terminated for any reason following a Change in Control and during the term of this Agreement, the Company shall pay the Executive’s 's full salary to the Executive through the Date of Termination at the rate in effect at the time the Notice of Termination is given, together with all compensation and benefits payable to which the Executive through is entitled in respect of all periods preceding the Date of Termination under the terms of any the Company's compensation and benefits plans, programs or benefit plan, program or arrangement maintained by the Company during such periodarrangements.
5.3 If the Executive’s 's employment shall be is terminated for any reason following a Change in Control and during the term of this Agreement, the Company shall pay to the Executive any such Executive's normal post-termination compensation and benefits as are due to the Executive under any applicable separation, severance or employment agreement between the Company and the Executive (“Post-Termination Payments”) as such payments become due; provided that in no event shall any Post-Termination Payments be paid if the , to which Executive is entitled to the Severance Payments (as defined in Section 6.1) as a result former employee. Such post- termination compensation and benefits shall be determined under, and paid in accordance with, the Company's retirement, insurance and other compensation or benefit plans, programs and arrangements maintained for the benefit of such terminationthe Company's officers and employees.
Appears in 1 contract
Samples: Executive Employment Agreement (Ikon Office Solutions Inc)