Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 91 contracts
Samples: Severance Agreement (Compuware Corp), Change in Control Severance Agreement (CF Industries Holdings, Inc.), Change in Control Severance Agreement (CF Industries Holdings, Inc.)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Term, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 63 contracts
Samples: Change in Control Severance Agreement (CF Industries Holdings, Inc.), Change in Control Severance Agreement (CF Industries Holdings, Inc.), Change in Control Severance Agreement (CF Industries Holdings, Inc.)
Date of Termination. Date of Termination," ", with respect to any ------------------- purported termination of the Executive's employment after a Change in Control and during the Termterm of this Agreement, shall mean mean, subject to the provisions of Section 7.3:
(iA) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and and
(iiB) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, days from the date such Notice of Termination is given).
Appears in 29 contracts
Samples: Cic Agreement (BNS Co), Cic Agreement (BNS Co), Cic Agreement (BNS Co)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Termterm of this Agreement, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 23 contracts
Samples: Change in Control Severance Agreement (J Jill Group Inc), Executive Employment Agreement (Armstrong World Industries Inc), Executive Employment Agreement (Inspire Pharmaceuticals Inc)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) 30 days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) 30 day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) 30 days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) 15 days nor more than sixty (60) 60 days, respectively, from the date such Notice of Termination is given).
Appears in 21 contracts
Samples: Change in Control Agreement (Temple Inland Inc), Change in Control Agreement (Temple Inland Inc), Change in Control Agreement (Temple Inland Inc)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Termterm of this Agreement, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 20 contracts
Samples: Executive Employment Agreement (Inspire Pharmaceuticals Inc), Severance Agreement (J Jill Group Inc), Severance Agreement (J Jill Group Inc)
Date of Termination. Date of Termination," with respect to any ------------------- purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 15 contracts
Samples: Severance Agreement (Centocor Inc), Severance Agreement (Einstein Noah Bagel Corp), Severance Agreement (Einstein Noah Bagel Corp)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from after the date such Notice of Termination is given).
Appears in 10 contracts
Samples: Executive Employment Agreement (Interstate Power Co), Executive Employment Agreement (Interstate Power Co), Executive Employment Agreement (Interstate Power Co)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the TermControl, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 10 contracts
Samples: Change in Control Agreement (Manufacturers Services LTD), Employment Agreement (Kaman Corp), Severance Agreement (Gsi Lumonics Inc)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Termterm of this Agreement, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given). “Date of Termination,” with respect to any Pre-Change in Control Termination shall mean the date of such termination as reasonably determined by the Company.
Appears in 9 contracts
Samples: Change in Control Agreement (Insignia Systems Inc/Mn), Change in Control Agreement (Insignia Systems Inc/Mn), Change in Control Agreement (Insignia Systems Inc/Mn)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the TermControl, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 8 contracts
Samples: Change in Control Agreement (Kaman Corp), Change in Control Agreement (Kaman Corp), Change in Control Agreement (Kaman Corp)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Potential Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the CompanyCorporation, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from after the date such Notice of Termination is given).
Appears in 8 contracts
Samples: Executive Employment Agreement (Florida Power Corp /), Executive Employment Agreement (Florida Power Corp /), Executive Employment Agreement (Florida Power Corp /)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Term, shall mean (i1) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 7 contracts
Samples: Severance Agreement (Starwood Hotel & Resorts Worldwide, Inc), Severance Agreement (Starwood Hotel & Resorts Worldwide, Inc), Severance Agreement (Starwood Hotel & Resorts Worldwide, Inc)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Term, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) 30 days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) 30 day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) 30 days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) 15 days nor more than sixty (60) 60 days, respectively, from the date such Notice of Termination is given).
Appears in 7 contracts
Samples: Change in Control Agreement (Visteon Corp), Change in Control Agreement (Visteon Corp), Change in Control Agreement (Visteon Corp)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Executive incurs a separation from service due to Disability, thirty (30) calendar days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) calendar day period), and (ii) if the Executive's employment is terminated Executive incurs a separation from service for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty the thirtieth (3030th) days calendar day after the Notice of Termination is given (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) calendar days nor more than sixty (60) calendar days, respectively, from the date such Notice of Termination is given).
Appears in 7 contracts
Samples: Change in Control Severance Agreement (Stanley Black & Decker, Inc.), Change in Control Severance Agreement (Stanley Black & Decker, Inc.), Change in Control Severance Agreement (Stanley Black & Decker, Inc.)
Date of Termination. “Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean ” means (i) if the Executive's ’s employment is terminated by the Company for DisabilityCause, thirty (30) days after or by Executive for Good Reason, the date of receipt of the Notice of Termination is given or any later date specified therein (provided that which date shall be not more than 30 days after the Executive shall not have returned to the full-time performance giving of the Executive's duties during such thirty (30) day periodnotice), and as the case may be, (ii) if the Executive's ’s employment is terminated by the Company other than for any other reasonCause or Disability, the Date of Termination shall be the date on which the Company notifies Executive of such termination or any later date specified in the Notice of Termination (whichwhich date shall be not more than 30 days after the giving of such notice), in and (iii) if Executive’s employment is terminated by reason of death, Retirement or Disability, the Date of Termination shall be the date of death or Retirement of Executive or the Disability Effective Date, as the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given)may be.
Appears in 7 contracts
Samples: Employment Agreement, Employment Agreement (PSS World Medical Inc), Employment Agreement (PSS World Medical Inc)
Date of Termination. “Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean ” means (i) if Executive’s employment is terminated due to his death, the date of Executive's ’s death, (ii) if Executive’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-full time performance of the Executive's his duties during such thirty (30) day period), and (iiiii) if the Executive's ’s employment is terminated for any reason other reasonthan death or Disability, the date specified in the Notice of Termination (which, in the case of a termination by the Company, Company without Cause shall not be less than thirty (30) days (except in from the case date such Notice of a termination for Cause) andTermination is given, and in the case of a termination by the Executive, Executive for Good Reason shall not be less than fifteen (15) days nor more than sixty thirty (6030) days, respectively, days from the date such Notice of Termination is given).
Appears in 7 contracts
Samples: Employment Agreement (Tivo Inc), Employment Agreement (Tivo Inc), Employment Agreement (Tivo Inc)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the TermWindow Period, shall mean (i) if the Executive's employment is terminated for Disability, thirty fifteen (3015) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period)given, and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty thirty (6030) days, respectively, from after the date on which such Notice of Termination is given).
Appears in 6 contracts
Samples: Executive Employment Agreement (Graham Field Health Products Inc), Executive Employment Agreement (Graham Field Health Products Inc), Change in Control Agreement (Hain Celestial Group Inc)
Date of Termination. Date of Termination," with respect to any purported termination of shall mean (i) if the Executive's employment after a Change in Control and during is terminated by his death, the Termdate of his death, shall mean (iii) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 6 contracts
Samples: Employment Agreement (Aes Corporation), Employment Agreement (Aes Corporation), Employment Agreement (Aes Corporation)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control of the Company and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-full- time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 6 contracts
Samples: Severance Agreement (CNF Inc), Severance Agreement (CNF Inc), Severance Agreement (CNF Inc)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Term, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 6 contracts
Samples: Severance Agreement (Piedmont Natural Gas Co Inc), Severance Agreement (Piedmont Natural Gas Co Inc), Severance Agreement (Piedmont Natural Gas Co Inc)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 6 contracts
Samples: Employment Agreement (Interpool Inc), Employment Agreement (Interpool Inc), Employment Agreement (Interpool Inc)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control and during the Termterm of this Agreement, shall mean mean:
(iA) if If the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and and
(iiB) if If the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause, in which case the termination may be effective immediately) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 5 contracts
Samples: Executive Officer Change in Control Agreement (Polycom Inc), Executive Officer Change in Control Agreement (Polycom Inc), Executive Officer Change in Control Agreement (Polycom Inc)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment this Agreement is terminated by the Company for Disability, thirty (30) days after Notice of Termination is given to the Executive (provided that the Executive shall not have returned to the full-time performance of the Executive's duties on a full-time basis during such thirty (30) -day period), and (ii) if the Executive's employment is terminated due to the Executive's death, on the date of death; (iii) if the Executive's employment is terminated due to the Executive's voluntary resignation pursuant to Section 4(e), the date specified in the notice (which shall not be less than sixty (60) days nor more than ninety (90) days from the date such Notice of Termination is given); or (iii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, which shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 5 contracts
Samples: Employment Agreement (Neighborcare Inc), Employment Agreement (Neighborcare Inc), Employment Agreement (Neighborcare Inc)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 5 contracts
Samples: Executive Employment Agreement (Talen Energy Supply, LLC), Change in Control Agreement (PPL Electric Utilities Corp), Change in Control Agreement (PPL Energy Supply LLC)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for DisabilityDisability after a Change in Control, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 5 contracts
Samples: Severance Agreement (Compuware Corp), Severance Agreement (Compuware Corp), Severance Agreement (Compuware Corp)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Term, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) 30 days after Notice of Termination is given (provided that the Executive shall not have returned to the full-full time performance of the Executive's ’s duties during such thirty (30) 30 day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) 30 days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) 15 days nor more than sixty (60) 60 days, respectively, from the date such Notice of Termination is given).
Appears in 5 contracts
Samples: Change in Control Agreement (Temple Inland Inc), Change in Control Agreement (Temple Inland Inc), Change in Control Agreement (Temple Inland Inc)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the TermControl, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty ninety (3090) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 5 contracts
Samples: Change in Control Severance Agreement (Emc Corp), Change in Control Severance Agreement (Emc Corp), Change in Control Severance Agreement (Emc Corp)
Date of Termination. Executive's Date of Termination," with respect Termination shall be the earliest to any purported termination occur of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice notice of Termination termination (which, unless otherwise required by this Employment Agreement, may be immediate) as the date upon which Executive's employment with the Company is to cease, (ii) the date of Executive's death, (iii) in the event of Executive's Disability, the date determined by the Board, or (iii) the last day of the Term of this Employment Agreement. In the case of a termination by Executive for Good Reason, the Company, Date of Termination shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, days from the date such Notice the notice of termination is given. In the case of a voluntary termination by Executive without Good Reason, the Date of Termination shall not be less than sixty (60) days from the date the notice of termination is given), unless the Company specifies an earlier Date of Termination.
Appears in 4 contracts
Samples: Employment Agreement (Emageon Inc), Employment Agreement (Emageon Inc), Employment Agreement (Emageon Inc)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control and during the TermTerm of this Agreement (or prior to the end of the Change-in-Control Protective Period, if a Change-in- Control shall have occurred), shall mean (i) if the Executive's employment is terminated by his death, the date of his death, (ii) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (iiiii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 4 contracts
Samples: Employment Agreement (New York State Electric & Gas Corp), Employment Agreement (New York State Electric & Gas Corp), Employment Agreement (Energy East Corp)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Executive incurs a separation from service due to Disability, thirty (30) calendar days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) calendar day period), and (ii) if the Executive's employment is terminated Executive incurs a separation from service for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty the thirtieth (3030th) days calendar day after Notice of Termination is given (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) calendar days nor more than sixty (60) calendar days, respectively, from the date such Notice of Termination is given).
Appears in 4 contracts
Samples: Change in Control Severance Agreement (Stanley Black & Decker, Inc.), Change in Control Severance Agreement (Stanley Black & Decker, Inc.), Change in Control Severance Agreement (Stanley Works)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Termterm of this Agreement, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days (except in the case of a termination during the Window Period) nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 4 contracts
Samples: Executive Employment Agreement (Metromail Corp), Executive Employment Agreement (Metromail Corp), Executive Employment Agreement (Metromail Corp)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control and during the Termterm of this Agreement, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 4 contracts
Samples: Executive Employment Agreement (Wang Laboratories Inc), Executive Employment Agreement (Wang Laboratories Inc), Executive Employment Agreement (Wang Laboratories Inc)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Term, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time full‑time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 4 contracts
Samples: Change in Control Severance Agreement (Armstrong Flooring, Inc.), Change in Control Severance Agreement (Armstrong Flooring, Inc.), Change in Control Severance Agreement (Armstrong Flooring, Inc.)
Date of Termination. Date of TerminationTermina- tion," with respect to any purported termination of the Executive's employment after a Change in Control and during the Termterm of this Agreement, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reasonrea- son, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectivelyrespec- tively, from the date such Notice of Termination is given).
Appears in 4 contracts
Samples: Executive Employment Agreement (Orange & Rockland Utilities Inc), Executive Employment Agreement (Orange & Rockland Utilities Inc), Executive Employment Agreement (Orange & Rockland Utilities Inc)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the TermTerm of this Agreement, shall mean (i) if the Executive's employment is terminated by his death, the date of his death, (ii) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (iiiii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 4 contracts
Samples: Employment Agreement (New York State Electric & Gas Corp), Employment Agreement (Energy East Corp), Employment Agreement (New York State Electric & Gas Corp)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control or prior to a Change in Control, but following a Potential Change in Control in which a Person has entered into an agreement with the Company the consummation of which will constitute a Change in Control and during the Termterm of this Agreement, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 4 contracts
Samples: Employment Agreement (Haverty Furniture Companies Inc), Employment Agreement (Haverty Furniture Companies Inc), Employment Agreement (Haverty Furniture Companies Inc)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and or (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) andor, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Change in Control Agreement (Janus Capital Group Inc), Change in Control Agreement (Janus Capital Group Inc), Change in Control Agreement (Janus Capital Group Inc)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Retention Agreement (System Energy Resources Inc), Retention Agreement (System Energy Resources Inc), Retention Agreement (System Energy Resources Inc)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control and during the Termterm of this Agreement, shall mean mean:
(iA) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and and
(iiB) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Change in Control Agreement (Picturetel Corp), Change in Control Agreement (Picturetel Corp), Change in Control Agreement (Picturetel Corp)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment with the Employer after a Change in Control and during the TermControl, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided provided, that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the CompanyEmployer, shall not be less than thirty ninety (3090) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Change in Control Severance Agreement, Change in Control Severance Agreement (Pivotal Software, Inc.), Change in Control Severance Agreement (Pivotal Software, Inc.)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated Executive separates from service for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated Executive separates from service for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Severance Agreement (Piedmont Natural Gas Co Inc), Severance Agreement (Piedmont Natural Gas Co Inc), Severance Agreement (Piedmont Natural Gas Co Inc)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the TermControl, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided provided, that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty ninety (3090) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Change in Control Severance Agreement, Change in Control Severance Agreement (Emc Corp), Change in Control Severance Agreement (Emc Corp)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the TermControl, shall will mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after the Company gives Notice of Termination is given (provided that the Executive shall has not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if Executive’s employment is terminated due to death, the date of Executive's ’s death, and (iii) if Executive’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Employment Security Agreement (Smurfit Stone Container Corp), Employment Security Agreement (Smurfit Stone Container Corp), Employment Security Agreement (Smurfit Stone Container Corp)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control and during the Termterm of this Agreement, shall mean mean:
(iA) if If the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and and
(iiB) if If the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Executive Officer Change in Control Agreement (Polycom Inc), Executive Officer Change in Control Agreement (Picturetel Corp), Executive Officer Change in Control Agreement (Polycom Inc)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after following a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated by the Executive's death, the date of the Executive's death, (ii) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (iiiii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Executive Employment Agreement (Houghton Mifflin Co), Severance Agreement (Houghton Mifflin Co), Severance Agreement (Houghton Mifflin Co)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control and during the Termterm of this Agreement, shall mean (i) if the Executive's employment is terminated by his death, the date of his death, (ii) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-full time performance of the Executive's duties during such thirty (30) day period), and (iiiii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Severance Agreement (Energy East Corp), Change in Control Agreement (New York State Electric & Gas Corp), Severance Agreement (Energy East Corp)
Date of Termination. Date of Termination," with respect to any ------------------- purported termination of the Executive's employment after a Change in Control and during the Termterm of this Agreement, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Executive Employment Agreement (Armstrong World Industries Inc), Executive Employment Agreement (Armstrong World Industries Inc), Executive Employment Agreement (Donnelley R R & Sons Co)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the TermTerm of this Agreement, shall mean (i) if Executive's employment is terminated by his death, the date of his death, (ii) if Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (iiiii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Employment Agreement (Blount International Inc), Employment Agreement (Blount International Inc), Employment Agreement (Blount International Inc)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's employment after a Change in Control and during the TermControl, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided provided, that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty ninety (3090) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Change in Control Severance Agreement (Emc Corp), Change in Control Severance Agreement (Emc Corp), Change in Control Severance Agreement (Emc Corp)
Date of Termination. For purposes of this Agreement, “Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, ” shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Employment Agreement (DuPont De Nemours, Inc.), Employment Agreement (DuPont De Nemours, Inc.), Employment Agreement (Dupont E I De Nemours & Co)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, . in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 3 contracts
Samples: Severance Agreement (Baker Hughes Inc), Severance Agreement (Baker Hughes Inc), Severance Agreement (Baker Hughes Inc)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the TermWindow Period, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty fifteen (3015) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period)given, and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days and not more than forty-five (45) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty thirty (6030) days, respectively, from after the date on which such Notice of Termination is given).
Appears in 3 contracts
Samples: Change in Control Agreement, Change in Control Agreement (Hain Celestial Group Inc), Change in Control Agreement (Hain Celestial Group Inc)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Executive incurs a separation from service due to Disability, thirty (30) calendar days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) calendar day period), and (ii) if the Executive's employment is terminated Executive incurs a separation from service for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days the 30th calendar day after Notice of Termination is given (except in the case of a termination for Cause, in which case the Date of Termination will be determined in accordance with Sections 6(b)(ii) and 6(d) of the Retirement Agreement) and, in the case of a termination by the Executive, shall not be less than fifteen (15) calendar days nor more than sixty (60) calendar days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Change in Control Severance Agreement (Stanley Black & Decker, Inc.), Change in Control Severance Agreement (Stanley Black & Decker, Inc.)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Executive incurs a separation from service due to Disability, thirty (30) calendar days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) calendar day period), and (ii) if the Executive's employment is terminated Executive incurs a separation from service for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days the 30th calendar day after Notice of Termination is given (except in the case of a termination for Cause, in which case the Date of Termination will be determined in accordance with Sections 4(b)(ii) and 4(d) of the Employment Agreement) and, in the case of a termination by the Executive, shall not be less than fifteen (15) calendar days nor more than sixty (60) calendar days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Employment Agreement (Stanley Works), Change in Control Severance Agreement (Stanley Works)
Date of Termination. Date of Termination," with respect to any ------------------- purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty fifteen (3015) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty fifteen (3015) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty fifteen (3015) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty thirty (6030) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Severance Agreement (Immunex Corp /De/), Severance Agreement (Immunex Corp /De/)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control or a Major Transaction and during the Termterm of this Agreement, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the CompanyEmployer, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Employment Agreement (New England Power Co), Employment Agreement (New England Power Co)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's employment after a Change in Control and during the TermControl, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided provided, that the Executive shall not have returned to the full-time full‑time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty ninety (3090) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Change in Control Severance Agreement (Axcelis Technologies Inc), Change in Control Severance Agreement (Emc Corp)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control or a Major Transaction and during the Termterm of this Agreement, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) thirty-day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the CompanyEmployer, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Employment Agreement (New England Power Co), Employment Agreement (New England Power Co)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) nor more than sixty (60) days and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Severance Agreement (HSB Group Inc), Severance Agreement (Hartford Steam Boiler Inspection & Insurance Co)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control of the Company and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Severance Agreement (CNF Inc), Severance Agreement (CNF Inc)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control and during the Termterm of this Agreement, shall mean mean:
(iA) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and and
(iiB) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Change in Control Agreement (Picturetel Corp), Executive Officer Change in Control Agreement (Picturetel Corp)
Date of Termination. Date of Termination," with respect to any ------------------- purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the CompanySierra, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Change in Control Agreement (Sierra Pacific Power Co), Change in Control Agreement (Sierra Pacific Resources)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, Term of this Agreement shall mean (i) if the Executive's employment is terminated by his death, the date of his death, (ii) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (iiiii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Employment Agreement (Energy East Corp), Employment Agreement (New York State Electric & Gas Corp)
Date of Termination. Date of Termination,DATE OF TERMINATION" with respect to any purported termination of the Executive's employment after a Change in Control and during the Termterm of this Agreement, shall mean (ia) if the Executive's employment is terminated for Disability, thirty (30) 30 days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) -day period), and (iib) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) 30 days (except in the case of a termination for Cause) ), and, in the case of a termination by the Executive, shall not be less than fifteen (15) 15 days nor more than sixty (60) 60 days, respectively, from the date of such Notice of Termination is given).
Appears in 2 contracts
Samples: Change in Control Agreement (Charles River Laboratories International Inc), Change in Control Agreement (Charles River Laboratories International Inc)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen thirty (1530) days nor more than sixty (60) days, respectively, from after the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Executive Employment Agreement (Constar International Inc), Executive Employment Agreement (Constar Inc)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control and during the TermTerm of this Agreement (or prior to the end of the Change-in-Control Protective Period, if a Change-in- Control shall have occurred), shall mean (i) if the Executive's employment is terminated by his death, the date of his death, (ii) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (iiiii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the CompanyEnergy East, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Employment Agreement (New York State Electric & Gas Corp), Employment Agreement (New York State Electric & Gas Corp)
Date of Termination. For purposes of this Agreement, “Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, ” shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Employment Agreement (DENTSPLY SIRONA Inc.), Employment Agreement (DENTSPLY SIRONA Inc.)
Date of Termination. Date of Termination," with respect ------------------- to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty fifteen (3015) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty fifteen (3015) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty fifteen (3015) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty thirty (6030) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Severance Agreement (Immunex Corp /De/), Severance Agreement (Immunex Corp /De/)
Date of Termination. Date of Termination," with respect to any ------------------- purported termination of the Executive's employment after a Change in Control and during the TermControl, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty ninety (3090) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Change in Control Severance Agreement (New England Business Service Inc), Change in Control Severance Agreement (New England Business Service Inc)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Term, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Severance Agreement (Armstrong World Industries Inc), Employment Agreement (Interpool Inc)
Date of Termination. Date of Termination," with respect ------------------- to any purported termination of the Executive's employment after a Change in Control or potential Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the CompanySierra, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Change in Control Agreement (Nevada Power Co), Change in Control Agreement (Nevada Power Co)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the Term, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) 30 days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) 30 day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) 30 days (except in the case of a termination for Cause) ), and, in the case of a termination by the Executive, shall not be less than fifteen (15) ten days nor more than sixty (60) 60 days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Change in Control Agreement (Visteon Corp), Change in Control Agreement (Visteon Corp)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time full‑time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Severance Agreement (Compuware Corp), Severance Agreement (Compuware Corp)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Potential Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from after the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Executive Employment Agreement (E&s Holdings Corp), Executive Employment Agreement (E&s Holdings Corp)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, which in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Severance Agreement (Baker Hughes Inc), Severance Agreement (Baker Hughes Inc)
Date of Termination. “Date of Termination," ”, with respect to any purported termination of the Executive's ’s employment after (other than by reason of death or Retirement) following a Change in Control and during the Termterm of this Agreement, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (Termination, which, in the case of a termination by the CompanyEmployer, shall not be less than thirty (30) days (except in the case of a termination for For Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 2 contracts
Samples: Change in Control Agreement (Appalachian Bancshares Inc), Change in Control Agreement (Appalachian Bancshares Inc)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).fifteen
Appears in 2 contracts
Samples: Change in Control Agreement (Janus Capital Group Inc), Change in Control Agreement (Janus Capital Group Inc)
Date of Termination. Date of Termination," with respect to any ------------------- ------------------- purported termination of the Executive's your employment after a Change in Control and during the Term, shall mean (i) if the Executive's your employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive you shall not have returned to the full-time performance of the Executive's your duties during such thirty (30) day period), and (ii) if the Executive's your employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Just Cause) and, in the case of a termination by the Executiveyou, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Samples: Severance Agreement (Unitrin Inc)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control Shareholder Approval and during the Termterm of this Agreement, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) 40 14 days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Samples: Executive Employment Agreement (Chemical Banking Corp)
Date of Termination. `Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Samples: Executive Change in Control Severance Agreement (Big Flower Press Holdings Inc)
Date of Termination. “Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, ” shall mean (i) if the Executive's ’s employment is terminated by her death, the date of her death, (ii) if the Executive’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Samples: Employment Agreement (Aes Corp)
Date of Termination. “Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, ” shall mean (i1) if the Executive's employment this Agreement is terminated by the Company for Disability, thirty (30) 30 days after Notice of Termination is given to the Executive (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties on a full-time basis during such thirty (30) -day period), and (ii2) if the Executive's ’s employment is terminated due to the Executive’s death, on the date of death; (3) if the Executive’s employment is terminated due to the Executive’s voluntary resignation pursuant to Section 4(e), the date specified in the notice (which shall not be less than 60 days nor more than 90 days from the date such Notice of Termination is given); or (4) if the Executive’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, which shall not be less than thirty (30) 30 days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Date of Termination. Executive’s Date of Termination," with respect Termination shall be the earliest to any purported termination occur of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice notice of Termination termination (which, unless otherwise required by this Employment Agreement, may be immediate) as the date upon which Executive’s employment with the Company is to cease, (ii) the date of Executive’s death, (iii) in the event of Executive’s Disability, the date determined by the Board, or (iii) the last day of the Term of this Employment Agreement. In the case of a termination by Executive for Good Reason, the Company, Date of Termination shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, days from the date such Notice the notice of termination is given. In the case of a voluntary termination by Executive without Good Reason, the Date of Termination shall not be less than sixty (60) days from the date the notice of termination is given), unless the Company specifies an earlier Date of Termination.
Appears in 1 contract
Samples: Employment Agreement (Emageon Inc)
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after (other than by reason of death or Retirement) following a Change in Control and during the Termterm of this Agreement, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (Termination, which, in the case of a termination by the CompanyEmployer, shall not be less than thirty (30) days (except in the case of a termination for For Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Samples: Change in Control Agreement (Appalachian Bancshares Inc)
Date of Termination. Date of Termination," with respect to ------------------- any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by `the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Date of Termination. Date of Termination," with respect to any ------------------- purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty thirty (6030) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Date of Termination. Except as otherwise provided in Section 11(c) of this Agreement, "Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control and during the TermEmployment Period, shall mean (iA) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (iiB) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the CompanyCompany for other than Cause, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the ExecutiveExecutive other than for Good Reason, shall not be less than fifteen six (156) days nor more than sixty (60) days, respectivelymonths, from the date such Notice of Termination is given).
Appears in 1 contract
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-full time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the TermControl, shall win mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after the Company gives Notice of Termination is given (provided that the Executive shall has not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if Executive's employment is terminated due to death, the date of Executive's death, and (iii) if Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Samples: Employment Security Agreement (Jefferson Smurfit Corp /De/)
Date of Termination. Date of Termination," with respect to any ------------------- ------------------- purported termination of the Executive's employment after a Change in Control and during the Termterm of this Agreement, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Samples: Executive Employment Agreement (Armstrong World Industries Inc)
Date of Termination. Date of Termination," with respect to any ------------------- purported termination of the Executive's employment after a Change in Control or potential Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the CompanySierra, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-full- time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the TermControl, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen thirty (1530) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Date of Termination. Date of Termination," ", with respect to any purported termination of the Executive's employment after a Change in Control or Combination Transaction and during the Termterm of this Agreement, shall mean (i) if the Executive's employment there is terminated for Disabilitya Disability Termination, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), ) and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in Termination. In the case of a termination by the CompanyCompany other than a For Cause Termination (which may be effective immediately), the Date of Termination shall not be less than thirty (30) days (except in after the case Notice of a termination for Cause) and, in Termination is given. In the case of a termination by the Executive, the Date of Termination shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).Notice
Appears in 1 contract
Samples: Executive Severance Agreement (Summit Properties Inc)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (i) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (ii) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by Xxxxxx or the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract
Samples: Management Continuity Agreement (Cooper Industries LTD)
Date of Termination. “Date of Termination," ” with respect to any purported termination of the Executive's ’s employment after a Change in Control and during the TermControl, shall mean (i) if the Executive's ’s employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's ’s duties during such thirty (30) day period), and (ii) if the Executive's ’s employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is giventhe Company’s right to cure set forth in Section 15.15 expires).
Appears in 1 contract
Samples: Change in Control Severance Agreement (Itron, Inc.)
Date of Termination. Date of Termination," ", with respect to any ------------------- purported termination of the Executive's employment after a Change in Control and during the Termterm of this Agreement, shall mean mean, subject to the provisions of Section 7.3 :
(iA) if the Executive's employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and and
(iiB) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the Company, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, days from the date such Notice of Termination is given).
Appears in 1 contract
Samples: Cic Agreement (BNS Co)
Date of Termination. Date of Termination," with respect to any purported termination of the Executive's employment after a Change in Control and during the Term, shall mean (ia) if the Executive's employment Employment is terminated for Disability, thirty (30) days after Notice of Termination is given (provided that the Executive shall not have returned to the full-time performance of the Executive's duties during such thirty (30) day period), and (iib) if the Executive's employment is terminated for any other reason, the date specified in the Notice of Termination (which, in the case of a termination by the CompanyExecutive's System Company employer, shall not be less than thirty (30) days (except in the case of a termination for Cause) and, in the case of a termination by the Executive, shall not be less than fifteen (15) days nor more than sixty (60) days, respectively, from the date such Notice of Termination is given).
Appears in 1 contract