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Common use of Date Clause in Contracts

Date. The date of the Executive’s termination of employment (“Date of Termination”) shall be determined as follows: 3.2.1 If due to the Company terminating the Executive’s employment, either with or without Cause, the Date of Termination shall be the date specified in the Notice of Termination; if other than for Cause, the Date of Termination shall not be less than two (2) weeks from the date such Notice of Termination is given, unless the Company elects to pay the Executive for that period in lieu of notice. Any such payment in lieu of notice would be in addition to any payments provided pursuant to Section 5 or 6, as applicable. 3.2.2 If due to death, the Date of Termination is the date of death. 3.2.3 If due to Disability, the Date of Termination is the date the party terminating the Executive’s employment for Disability provides written notice of termination due to Disability. 3.2.4 If the basis of the Executive’s Involuntary Termination is the Executive’s resignation for Good Reason, the Date of Termination shall be determined by the Company, but shall not be less than two (2) weeks nor more than eight (8) weeks from the date Notice of Termination is given. 3.2.5 If due to the Executive’s resignation for a reason other than Good Reason or if the Executive gives notice of retirement, the Date of Termination shall be determined by the Company after the Company receives Notice of Termination or retirement, but shall not be less than two (2) weeks or more than twelve (12) weeks from the date Notice of Termination is given. 3.2.6 Notwithstanding the foregoing, for any compensation that qualifies as non-qualified deferred compensation under Code Section 409A (taking into account amounts that are exempt from the requirements of Code Section 409A by reason of the “separation pay” or “short-term deferral” exclusions), the Date of Termination shall be the date the Executive experiences a “separation from service” within the meaning of Code Section 409A.

Appears in 9 contracts

Samples: Separation Pay Agreement (Wright Medical Group N.V.), Letter Agreement (Wright Medical Group N.V.), Separation Pay Agreement (Wright Medical Group N.V.)

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Date. The date of the Executive’s termination of employment (“Date of Termination”) shall be determined as follows: 3.2.1 3.2.1. If due to the Company terminating the Executive’s employment, either with or without Cause, the Date of Termination shall be the date specified in the Notice of Termination; if other than for Cause, the Date of Termination shall not be less than two (2) weeks from the date such Notice of Termination is given, unless the Company elects to pay the Executive for that period in lieu of notice. Any such payment in lieu of notice would be in addition to any payments provided pursuant to Section 5 or 6, as applicable. 3.2.2 3.2.2. If due to death, the Date of Termination is the date of death. 3.2.3 3.2.3. If due to Disability, the Date of Termination is the date the party terminating the Executive’s employment for Disability provides written notice of termination due to Disability. 3.2.4 3.2.4. If the basis of the Executive’s Involuntary Termination is the Executive’s resignation for Good Reason, the Date of Termination shall be determined by the Company, but shall not be less than two (2) weeks nor more than eight (8) weeks from the date Notice of Termination is given. 3.2.5 3.2.5. If due to the Executive’s resignation for a reason other than Good Reason or if the Executive gives notice of retirement, the Date of Termination shall be determined by the Company after the Company receives Notice of Termination or retirement, but shall not be less than two (2) weeks or more than twelve (12) weeks from the date Notice of Termination is given. 3.2.6 3.2.6. Notwithstanding the foregoing, for any compensation that qualifies as non-qualified deferred compensation under Code Section 409A (taking into account amounts that are exempt from the requirements of Code Section 409A by reason of the “separation pay” or “short-term deferral” exclusions), the Date of Termination shall be the date the Executive experiences a “separation from service” within the meaning of Code Section 409A.

Appears in 3 contracts

Samples: Separation Pay Agreement (Vapotherm Inc), Separation Pay Agreement (Vapotherm Inc), Separation Pay Agreement (Vapotherm Inc)

Date. The date of the Executive’s termination of employment with the Company (“Date of Termination”) shall be determined as follows: 3.2.1 3.2.1. If due to the Company terminating the Executive’s employment, either with or without Cause, the Date of Termination shall be the date specified in the Notice of Termination; if other than for Cause, the Date of Termination shall not be less than two (2) weeks from the date such Notice of Termination is given, unless the Company elects to pay the Executive for that period in lieu of notice. Any such payment in lieu of notice would be in addition to any payments provided pursuant to Section Sections 5 or 6, as applicable. 3.2.2 3.2.2. If due to death, the Date of Termination is the date of death. 3.2.3 . If due to Disability, the Date of Termination is the date the party terminating the Executive’s employment for Disability provides written notice of termination due to Disability. 3.2.4 3.2.3. If the basis of the Executive’s Involuntary Termination is due to the Executive’s resignation for Good Reason, the Date of Termination shall be determined by the Company, but shall not be less than two (2) weeks nor more than eight (8) weeks from the date Notice of Termination is given. 3.2.5 3.2.4. If due to the Executive’s resignation for a reason reasons other than Good Reason or if the Executive gives notice of retirement, the Date of Termination shall be determined by the Company after the Company receives Notice of Termination or retirement, but shall not be less than two (2) weeks or more than twelve (12) weeks from the date Notice of Termination is given. 3.2.6 3.2.5. Notwithstanding the foregoing, for any compensation that qualifies as non-qualified deferred compensation under Code Section 409A (taking into account amounts that are exempt from the requirements of Code Section 409A by reason of the “separation pay” or “short-term deferral” exclusions)409A, the Date of Termination shall be the date the Executive experiences a “separation from service” within the meaning of Code Section 409A.

Appears in 2 contracts

Samples: Separation Pay Agreement (Wright Medical Group Inc), Separation Pay Agreement (Wright Medical Group Inc)

Date. The date of the Executive’s termination of employment (“Date of Termination”) shall be determined as follows: 3.2.1 If due to the Company terminating the Executive’s employment, either with or without Cause, the Date of Termination shall be the date specified in the Notice of Termination; if other than for Cause, the Date of Termination shall not be less than two (2) weeks from the date such Notice of Termination is given, unless the Company elects to pay the Executive for that period in lieu of notice. Any such payment in lieu of notice would be in addition to any payments provided pursuant to Section 5 or 6, as applicable. 3.2.2 If due to death, the Date of Termination is the date of death. 3.2.3 If due to Disability, the Date of Termination is the date the party terminating the Executive’s employment for Disability provides written notice of termination due to Disability. 3.2.4 If the basis of the Executive’s Involuntary Termination is the Executive’s resignation for Good Reason, the Date of Termination shall be determined by the Company, but shall not be less than two (2) weeks nor more than eight (8) weeks from the date Notice of Termination is given. 3.2.5 If due to the Executive’s resignation for a reason other than Good Reason or if the Executive gives notice of retirement, the Date of Termination shall be determined by the Company after the Company receives Notice of Termination or retirement, but shall not be less than two (2) weeks or more than twelve (12) weeks from the date Notice of Termination is given. 3.2.6 Notwithstanding the foregoing, for any compensation that qualifies as non-qualified deferred compensation under Code Section 409A (taking into account amounts that are exempt from the requirements of Code Section 409A by reason of the “separation pay” or “short-short- term deferral” exclusions), the Date of Termination shall be the date the Executive experiences a “separation from service” within the meaning of Code Section 409A.

Appears in 2 contracts

Samples: Separation Pay Agreement (Wright Medical Group N.V.), Separation Pay Agreement (Wright Medical Group N.V.)

Date. The date of the Executive’s 's termination of employment with the Company (“Date of Termination”) shall be determined as follows: 3.2.1 3.2.1. If due to the Company terminating the Executive’s 's employment, either with or without Cause, the Date of Termination shall be the date specified in the Notice of Termination; if other than for Cause, the Date of Termination shall not be less than two (2) weeks from the date such Notice of Termination is given, unless the Company elects to pay the Executive for that period in lieu of notice. Any such payment in lieu of notice would be in addition to any payments provided pursuant to Section Sections 5 or 6, as applicable. 3.2.2 3.2.2. If due to death, the Date of Termination is the date of death. 3.2.3 . If due to Disability, the Date of Termination is the date the party terminating the Executive’s 's employment for Disability provides written notice of termination due to Disability. 3.2.4 3.2.3. If the basis of due to the Executive’s Involuntary Termination is the Executive’s 's resignation for Good Reason, the Date of Termination shall be determined by the Company, but shall not be less than two (2) weeks nor more than eight (8) weeks from the date Notice of Termination is given. 3.2.5 3.2.4. If due to the Executive’s 's resignation for a reason reasons other than Good Reason or if the Executive gives notice of retirement, the Date of Termination shall be determined by the Company after the Company receives Notice of Termination or retirement, but shall not be less than two (2) weeks or more than twelve (12) weeks from the date Notice of Termination is given. 3.2.6 3.2.5. Notwithstanding the foregoing, for any compensation that qualifies as non-qualified deferred compensation under Code Section 409A (taking into account amounts that are exempt from the requirements of Code Section 409A by reason of the “separation pay” or “short-term deferral” exclusions)409A, the Date of Termination shall be the date the Executive experiences a “separation from service” within the meaning of Code Section 409A.

Appears in 2 contracts

Samples: Separation Pay Agreement (Wright Medical Group Inc), Separation Pay Agreement (Wright Medical Group Inc)

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Date. The date of the Executive’s termination of employment (“Date of Termination”) shall be determined as follows: 3.2.1 If due to the Company terminating the Executive’s employment, either with or without Cause, the Date of Termination shall be the date specified in the Notice of Termination; if other than for Cause, the Date of Termination shall not be less than two (2) weeks from the date such Notice of Termination is given, unless the Company elects to pay the Executive for that period in lieu of notice. Any such payment in lieu of notice would be in addition to any payments provided pursuant to Section 5 or 6, as applicable. 3.2.2 If due to death, the Date of Termination is the date of death. 3.2.3 If due to Disability, the Date of Termination is the date the party terminating the Executive’s employment for Disability provides written notice of termination due to Disability. 3.2.4 If the basis of the Executive’s Involuntary Termination is the Executive’s resignation for Good Reason, the Date of Termination shall be determined by the Company, but shall not be less than two (2) weeks nor more than eight (8) weeks from the date Notice of Termination is given. 3.2.5 If due to the Executive’s resignation for a reason other than Good Reason or if the Executive gives notice of retirement, the Date of Termination shall be determined by the Company after the Company receives Notice of Termination or retirement, but shall not be less than two (2) weeks or more than twelve (12) weeks from the date Notice of Termination is given. 3.2.6 Notwithstanding the foregoing, for any compensation that qualifies as non-non- qualified deferred compensation under Code Section 409A (taking into account amounts that are exempt from the requirements of Code Section 409A by reason of the “separation pay” or “short-short- term deferral” exclusions), the Date of Termination shall be the date the Executive experiences a “separation from service” within the meaning of Code Section 409A.

Appears in 1 contract

Samples: Separation Pay Agreement (Vapotherm Inc)

Date. The date of the Executive’s termination of employment (“Date of Termination”) shall be determined as follows: 3.2.1 13.1.2.1 If due to the Company terminating the Executive’s employment, either with or without Cause, the Date of Termination shall be the date specified in the Notice of Termination; if for Cause, the Date of Termination shall be after the requisite Board vote; if other than for Cause, the Date of Termination shall not be less than two (2) weeks from the date such Notice of Termination is given, unless the Company elects to pay the Executive for that period in lieu of notice. Any such payment in lieu of notice would be in addition to any payments provided pursuant to Section 5 Sections 13.3 or 6, as applicable13.4. 3.2.2 13.1.2.2 If due to death, the Date of Termination is the date of death. 3.2.3 13.1.2.3 If due to Disability, the Date of Termination is the date the party terminating the Executive’s employment for Disability provides written notice of termination due to Disability. 3.2.4 13.1.2.4 If the basis of the Executive’s Involuntary Termination is the Executive’s resignation for Good Reason, the Date of Termination shall be determined by the Company, but shall not be less than two (2) weeks nor more than eight (8) weeks from the date Notice of Termination is given. 3.2.5 13.1.2.5 If due to the basis of the Executive’s termination is the Executive’s resignation for a reason other than Good Reason or if the Executive gives notice of retirement, the Date of Termination shall be determined by the Company after the Company receives Notice of Termination or retirementnotice as set forth in Section 13.1, but shall not be less later than two (2) weeks or more than twelve (12) weeks from the date specified in the Notice of Termination is givenTermination. 3.2.6 13.1.2.6 If the basis of the Executive’s termination is the expiration of the Term following notice of non-renewal of the Term, the Date of Termination shall be the last day of the applicable Term. 13.1.2.7 Notwithstanding the foregoing, for any compensation that qualifies as non-qualified deferred compensation under Code Section 409A (taking into account amounts that are exempt from the requirements of Code Section 409A by reason of the “separation pay” or “short-term deferral” exclusions), the Date of Termination shall be the date the Executive experiences a “separation from service” within the meaning of Code Section 409A. 13.1.2.8 Notwithstanding anything contained herein to the contrary, this Agreement shall automatically terminate and be of no further force and effect and no further benefits shall be payable hereunder in the event that, following a transaction that results in a Change in Control, (A) the Executive is offered employment by the successor to the Parent Corporation in the capacities of president, chief executive officer and as a member of the board of directors of such entity (and if there is an ultimate parent, the parent entity), (B) the entity offering employment is and remains a U.S. public corporation, (C) the Executive is offered the opportunity to enter into an employment agreement containing terms which are no less favorable to him than those which are contained in this Agreement, including, without limitation, terms with respect to compensation (including base salary, target bonus opportunity and annual equity awards), benefits, perquisites and severance, but (D) the Executive declines to accept such offer. Notwithstanding the foregoing, in all such events, the Executive’s outstanding equity awards shall fully vest immediately prior to a Change in Control and Sections 15, 17 and 24.9 and the Confidentiality, Non-Competition, Non-Solicitation and Intellectual Property Rights Agreement shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Wright Medical Group N.V.)

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