Common use of Constructive Discharge Clause in Contracts

Constructive Discharge. Following a Change of Control, if Executive is Constructively Discharged, she may terminate this Agreement and her employment by delivering written notice to the Bank no later than 30 days before the effective date of termination. "Constructive Discharge" means the occurrence of any one or more of the following, without Executive's prior written consent: (i) Executive is not reelected to or is removed as Senior Vice President and Retail/Compliance of the Bank; (ii) the Bank fails to vest Executive with or removes from her the duties, responsibilities, authority or resources that she reasonably needs to competently perform her duties as Senior Vice President and Retail/Compliance of the Bank; (iii) the Bank notifies Executive that it is terminating this Agreement pursuant to Section 3(b); (iv) the Bank changes the primary location of Executive's employment to a place that is more than 50 miles from Madison Heights, Michigan; or (v) the Bank otherwise commits a material breach of its obligations under this Agreement and fails to cure the breach within 30 days after Executive gives the Bank written notice of the breach.

Constructive Discharge. Following a Change of Control, if Executive is Constructively Discharged, she he may terminate this Agreement and her his employment by delivering written notice to the Bank no later than 30 days before the effective date of termination. "Constructive Discharge" means the occurrence of any one or more of the following, without Executive's prior written consent: (i) Executive is not reelected to or is removed as Senior Vice President and Retail/Compliance Chief Lending Officer of the Bank; (ii) the Bank fails to vest Executive with or removes from her him the duties, responsibilities, authority or resources that she he reasonably needs to competently perform her his duties as Senior Vice President and Retail/Compliance Chief Lending Officer of the Bank; (iii) the Bank notifies Executive that it is terminating this Agreement pursuant to Section 3(b); (iv) the Bank changes the primary location of Executive's employment to a place that is more than 50 miles from Madison Heights, Michigan; or (v) the Bank otherwise commits a material breach of its obligations under this Agreement and fails to cure the breach within 30 days after Executive gives the Bank written notice of the breach.

Constructive Discharge. Following a Change of Control, if Executive is Constructively Discharged, she he may terminate this Agreement and her his employment by delivering written notice to the Bank no later than 30 days before the effective date of termination. "Constructive Discharge" means the occurrence of any one or more of the following, without Executive's prior written consent: (i) Executive is not reelected to or is removed as Senior Vice President and Retail/Compliance Senior Lending Officer of the Bank; (ii) the Bank fails to vest Executive with or removes from her him the duties, responsibilities, authority or resources that she he reasonably needs to competently perform her his duties as Senior Vice President and Retail/Compliance Senior Lending Officer of the Bank; (iii) the Bank notifies Executive that it is terminating this Agreement pursuant to Section 3(b); (iv) the Bank changes the primary location of Executive's employment to a place that is more than 50 miles from Madison Heights, Michigan; or (v) the Bank otherwise commits a material breach of its obligations under this Agreement and fails to cure the breach within 30 days after Executive gives the Bank written notice of the breach.

Constructive Discharge. Following a Change of Control, if Executive is Constructively Discharged, she may terminate this Agreement and her employment by delivering written notice to the Bank no later than 30 days before the effective date of termination. "Constructive Discharge" means the occurrence of any one or more of the following, without Executive's prior written consent: (i) Executive is not reelected to or is removed as Senior Vice President and Retail/Compliance Human Resources Director of the Bank; (ii) the Bank fails to vest Executive with or removes from her the duties, responsibilities, authority or resources that she reasonably needs to competently perform her duties as Senior Vice President and Retail/Compliance Human Resources Director of the Bank; (iii) the Bank notifies Executive that it is terminating this Agreement pursuant to Section 3(b); (iv) the Bank changes the primary location of Executive's employment to a place that is more than 50 miles from Madison Heights, Michigan; or (v) the Bank otherwise commits a material breach of its obligations under this Agreement and fails to cure the breach within 30 days after Executive gives the Bank written notice of the breach.

Constructive Discharge. Following a Change of Control, if Executive is Constructively Discharged, she he may terminate this Agreement and her his employment by delivering written notice to the Bank no later than 30 days before the effective date of termination. "Constructive Discharge" means the occurrence of any one or more of the following, without Executive's prior written consent: (i) Executive is not reelected to or is removed as Senior Vice President and Retail/Compliance Chief Financial Officer of the Bank; (ii) the Bank fails to vest Executive with or removes from her him the duties, responsibilities, authority or resources that she he reasonably needs to competently perform her his duties as Senior Vice President and Retail/Compliance Chief Financial Officer of the Bank; (iii) the Bank notifies Executive that it is terminating this Agreement pursuant to Section 3(b); (iv) the Bank changes the primary location of Executive's employment to a place that is more than 50 miles from Madison Heights, Michigan; or (v) the Bank otherwise commits a material breach of its obligations under this Agreement and fails to cure the breach within 30 days after Executive gives the Bank written notice of the breach.

Constructive Discharge. Following a Change of Control, if Executive is Constructively Discharged, she he may terminate this Agreement and her his employment by delivering written notice to the Bank no later than 30 days before the effective date of termination. "Constructive Discharge" means the occurrence of any one or more of the following, without Executive's prior written consent: (i) Executive is not reelected to or is removed as Senior Vice President and Retail/Compliance CEO of the Bank; (ii) the Bank fails to vest Executive with or removes from her him the duties, responsibilities, authority or resources that she he reasonably needs to competently perform her his duties as Senior Vice President and Retail/Compliance CEO of the Bank; (iii) the Bank notifies Executive that it is terminating this Agreement pursuant to Section 3(b); (iv) the Bank changes the primary location of Executive's employment to a place that is more than 50 miles from Madison Heights, Michigan; or (v) the Bank otherwise commits a material breach of its obligations under this Agreement and fails to cure the breach within 30 days after Executive gives the Bank written notice of the breach.

Constructive Discharge. Following a Change of Control, if Executive is Constructively Discharged, she he may terminate this Agreement and her his employment by delivering written notice to the Bank no later than 30 days before the effective date of termination. "Constructive Discharge" means the occurrence of any one or more of the following, without Executive's prior written consent: (i) Executive is not reelected to or is removed as Senior Vice President and Retail/Compliance President, Marketing Product Management of the Bank; (ii) the Bank fails to vest Executive with or removes from her him the duties, responsibilities, authority or resources that she he reasonably needs to competently perform her his duties as Senior Vice President and Retail/Compliance President, Marketing Product Management of the Bank; (iii) the Bank notifies Executive that it is terminating this Agreement pursuant to Section 3(b); (iv) the Bank changes the primary location of Executive's employment to a place that is more than 50 miles from Madison Heights, Michigan; or (v) the Bank otherwise commits a material breach of its obligations under this Agreement and fails to cure the breach within 30 days after Executive gives the Bank written notice of the breach.

Constructive Discharge. Following a Change of Control, if Executive is Constructively Discharged, she he may terminate this Agreement and her his employment by delivering written notice to the Bank no later than 30 days before the effective date of termination. "Constructive Discharge" means the occurrence of any one or more of the following, without Executive's prior written consent: (i) Executive is not reelected to or is removed as Senior Vice President and Retail/Compliance President, Retail of the Bank; (ii) the Bank fails to vest Executive with or removes from her him the duties, responsibilities, authority or resources that she he reasonably needs to competently perform her his duties as Senior Vice President and Retail/Compliance President, Retail of the Bank; (iii) the Bank notifies Executive that it is terminating this Agreement pursuant to Section 3(b); (iv) the Bank changes the primary location of Executive's employment to a place that is more than 50 miles from Madison Heights, Michigan; or (v) the Bank otherwise commits a material breach of its obligations under this Agreement and fails to cure the breach within 30 days after Executive gives the Bank written notice of the breach.

Constructive Discharge. Following a Change of Control, if Executive is Constructively Discharged, she he may terminate this Agreement and her his employment by delivering written notice to the Bank no later than 30 days before the effective date of termination. "Constructive Discharge" means the occurrence of any one or more of the following, without Executive's prior written consent: (i) Executive is not reelected to or is removed as Senior Vice President and Retail/Compliance Marketing of the Bank; (ii) the Bank fails to vest Executive with or removes from her him the duties, responsibilities, authority or resources that she he reasonably needs to competently perform her his duties as Senior Vice President and Retail/Compliance Marketing of the Bank; (iii) the Bank notifies Executive that it is terminating this Agreement pursuant to Section 3(b); (iv) the Bank changes the primary location of Executive's employment to a place that is more than 50 miles from Madison Heights, Michigan; or (v) the Bank otherwise commits a material breach of its obligations under this Agreement and fails to cure the breach within 30 days after Executive gives the Bank written notice of the breach.

Constructive Discharge. Following a Change of Control, if Executive is Constructively Discharged, she he may terminate this Agreement and her his employment by delivering written notice to the Bank no later than 30 days before the effective date of termination. "Constructive Discharge" means the occurrence of any one or more of the following, without Executive's prior written consent: (i) Executive is not reelected to or is removed as Senior Vice President and Retail/Compliance of the BankChief Credit Officer; (ii) the Bank fails to vest Executive with or removes from her him the duties, responsibilities, authority or resources that she he reasonably needs to competently perform her his duties as Senior Vice President and Retail/Compliance Chief Credit Officer of the Bank; (iii) the Bank notifies Executive that it is terminating this Agreement pursuant to Section 3(b); (iv) the Bank changes the primary location of Executive's employment to a place that is more than 50 miles from Madison Heights, Michigan; or (v) the Bank otherwise commits a material breach of its obligations under this Agreement and fails to cure the breach within 30 days after Executive gives the Bank written notice of the breach.