Common use of Conditions to Receipt of Post-Termination Benefits Clause in Contracts

Conditions to Receipt of Post-Termination Benefits. As a condition to receiving any post-termination payments or benefits to which the Executive would otherwise be entitled under Section 9(b) of this Agreement (the "Post Termination Benefits"), the Executive shall execute a release (the "Release"), in a form and substance reasonably satisfactory to AESC, of any claims, whether arising under Federal, state or local statute, common law or otherwise, against the AE Companies and their respective officers, directors and stockholders which arise or may have arisen on or before the date of the Release, other than any claims for Post Termination Benefits under this Agreement or any rights to indemnification from the AE Companies pursuant to any provisions of the certificate of incorporation or by-laws of any of the AE Companies or any directors and officers liability insurance policies maintained by any of the AE Companies. If the Executive fails or otherwise refuses to execute a Release within a reasonable time after AESC's request to do so, the Executive will not be entitled to any Post Termination Benefits. In addition, if, following a termination of employment that gives the Executive a right to any Post Termination Benefits, the Executive engages in any activities that violate any of the covenants referred to in Section 7, the Employee shall have no further right or claim to any Post Termination Benefits and shall promptly repay any Post Termination Benefits previously received (such repayment to be in addition to any other rights or remedies available to the AE Companies in respect of such violation).

Conditions to Receipt of Post-Termination Benefits. under Section 5.2(a). As a condition to receiving any postPost-termination payments or benefits Termination Benefits to which the Executive would otherwise be entitled under Section 9(b) of this Agreement (the "Post Termination Benefits"5.2(a), the Executive shall execute a release (the "Release"), in a form and substance reasonably satisfactory to AESCthe Board, of any claims, whether arising under Federal, state or local statute, common law or otherwise, against the AE Companies Company and its direct or indirect subsidiaries, and their respective officers, directors and stockholders which arise or may have arisen on or before the date of the Release, other than any claims for Post Termination Benefits arising under this Agreement any of the Transaction Documents or any rights to indemnification from the AE Companies Company and its direct or indirect subsidiaries pursuant to any provisions of the Company's (or any of its subsidiaries') certificate of incorporation or by-laws of any of the AE Companies or any directors and officers liability insurance policies maintained by any of the AE CompaniesCompany. If the Executive fails or otherwise refuses to execute a Release within a reasonable time after AESCthe Company's request to do so, the Executive will not be entitled to any Post Post-Termination Benefits. In addition, if, following a termination of employment that gives the Executive a right to any Post the payment of Post-Termination Benefits, the Executive engages in any activities that violate any of the covenants referred to in Section 73, the Employee Executive shall have no further right or claim to any Post Post-Termination Benefits and shall promptly repay any Post Post-Termination Benefits previously received (such repayment to be in addition to any other rights or remedies available to the AE Companies Company in respect of such violation).