Death of Executive. If the Executive dies during the term of this Agreement, the Company may thereafter terminate this Agreement without compensation. In the event of the Executive’s death the Company will (a) immediately vest all unvested awards granted to the Executive under the Equity Compensation Plans (provided performance share units shall only be payable subject to the attainment of the performance measures for the applicable performance period as provided under the terms of the applicable award agreement); and (b) immediately vest any Supplemental Matching Contributions to the Chesapeake Energy 401(k) Make-Up Plan. Executive’s beneficiaries/estate shall also receive a lump sum payment within thirty (30) days of death of any PTO pay accrued but unused through the Termination Date. Amounts payable under this Section 6.5 shall be paid to the beneficiary designated on the Company's universal beneficiary designation form in effect on the date of the Executive's death. If the Executive fails to designate a beneficiary or if such designation is ineffective, in whole or in part, any payment that would otherwise have been paid under this Section 6.5 shall be paid to the Executive's estate. The right to the foregoing compensation due under clauses (a) and (b) above is subject to the execution by the beneficiary, or as applicable, the administrator of the Executive's estate of the Company's severance agreement which will operate as a release of all legally waivable claims against the Company.
Appears in 20 contracts
Samples: Employment Agreement (Chesapeake Energy Corp), Employment Agreement (Chesapeake Energy Corp), Employment Agreement (Chesapeake Energy Corp)
Death of Executive. If the Executive dies during the term of this Agreement, the Company may thereafter terminate this Agreement without compensation. In compensation except the event Company will: (a) pay fifty-two (52) weeks of Base Salary in a single lump sum payment within ninety (90) days of the date of the Executive’s death the Company will 's death; (ab) immediately vest all unvested awards Equity Compensation granted to the Executive under the Equity Compensation Plans (provided performance share units shall only be payable subject to the attainment Section 4.3 of the performance measures for the applicable performance period as provided under the terms of the applicable award agreement); this Agreement and (b) immediately vest any Supplemental Matching Contributions to the Chesapeake Energy 401(k) Make-Up Plan. Executive’s beneficiaries/estate shall also receive ; (c) pay in a lump sum payment the remaining unpaid portion of the 2008 Incentive Award under paragraph 4.6 of this Agreement within thirty ninety (3090) days of death the date of the Executive's death; and (d) pay any PTO vacation pay accrued but unused through the Termination DateDate . Amounts payable under this Section 6.5 shall be paid to the beneficiary designated on the Company's universal beneficiary designation form in effect on the date of the Executive's death. If the Executive fails to designate a beneficiary or if such designation is ineffective, in whole or in part, any payment that would otherwise have been paid under this Section 6.5 shall be paid to the Executive's estate. The right to the foregoing compensation due under clauses (a), (b) and (bc) above is subject to the execution by the beneficiary, or as applicable, the administrator of the Executive's estate of the Company's severance agreement which will operate as a release of all legally waivable claims against the Company.
Appears in 4 contracts
Samples: Employment Agreement (Chesapeake Energy Corp), Employment Agreement (Chesapeake Energy Corp), Employment Agreement (Chesapeake Energy Corp)
Death of Executive. If the Executive dies during the term of this Agreement, the Company may thereafter terminate this Agreement without compensation. In the event of the Executive’s death the Company will (a) immediately vest all unvested awards granted to the Executive under the Equity Compensation Plans (provided performance share performance-based restricted stock units shall only be payable subject to the attainment of the performance measures for through the applicable performance period Termination Date (or the most recent practicable date) as provided under the terms of the applicable award agreement); and (b) immediately vest any Supplemental Matching Contributions to the Chesapeake Energy 401(k) Make-Up PlanCompany Non‑Qualified Contributions. The Executive’s beneficiaries/estate shall also receive a lump sum payment within thirty (30) days of death of any PTO pay accrued but unused through the Termination Date. Amounts payable under this Section 6.5 6.4 shall be paid to the beneficiary designated on the Company's universal beneficiary designation form in effect on the date of the Executive's death. If the Executive fails to designate a beneficiary or if such designation is ineffective, in whole or in part, any payment that would otherwise have been paid under this Section 6.5 6.4 shall be paid to the Executive's estate. The right to the foregoing compensation due under clauses (a) and (b) above is subject to the execution timely execution, without revocation, by the beneficiary, or as applicable, the administrator of the Executive's estate of the Company's severance waiver and release agreement substantially in the form attached hereto as “Exhibit B” which will operate as a release of all legally waivable claims against the Company.
Appears in 3 contracts
Samples: Employment Agreement (Gulfport Energy Corp), Employment Agreement (Gulfport Energy Corp), Employment Agreement (Gulfport Energy Corp)
Death of Executive. If the Executive dies during the term of this Agreement, the Company may thereafter terminate this Agreement without compensation. In compensation except the event Company will: (a) pay fifty-two (52) weeks of Base Salary in a single lump sum payment within ninety (90) days of the date of the Executive’s death the Company will death; (ab) immediately vest all unvested awards Equity Compensation granted to the Executive under the Equity Compensation Plans (provided performance share units shall only be payable subject to the attainment Section 4.3 of the performance measures for the applicable performance period as provided under the terms of the applicable award agreement); this Agreement and (b) immediately vest any Supplemental Matching Contributions to the Chesapeake Energy 401(k) Make-Up Plan. Executive’s beneficiaries/estate shall also receive ; (c) pay in a lump sum payment the remaining unpaid portion of the 2008 Incentive Award under paragraph 4.6 of this Agreement within thirty (30) 90 days of death the date of the Executive’s death; and (d) pay any PTO vacation pay accrued but unused through the Termination Date. Amounts payable under this Section 6.5 shall be paid to the beneficiary designated on the Company's ’s universal beneficiary designation form in effect on the date of the Executive's ’s death. If the Executive fails to designate a beneficiary or if such designation is ineffective, in whole or in part, any payment that would otherwise have been paid under this Section 6.5 shall be paid to the Executive's ’s estate. The right to the foregoing compensation due under clauses (a), (b) and (bc) above is subject to the execution by the beneficiary, or as applicable, the administrator of the Executive's ’s estate of the Company's ’s severance agreement which will operate as a release of all legally waivable claims against the Company.
Appears in 2 contracts
Samples: Employment Agreement (Chesapeake Energy Corp), Employment Agreement (Chesapeake Energy Corp)
Death of Executive. If the Executive dies during the term of this Agreement, the Company may thereafter terminate this Agreement without compensation. In the event of the Executive’s death the Company will (a) immediately vest all unvested awards granted to the Executive under the Equity Compensation Plans (provided performance share performance-based restricted stock units shall only be payable subject to the attainment of the performance measures for through the applicable performance period Termination Date (or the most recent practicable date) as provided under the terms of the applicable award agreement); and (b) immediately vest any Supplemental Matching Contributions to the Chesapeake Energy 401(k) MakeCompany Non-Up PlanQualified Contributions. The Executive’s beneficiaries/estate shall also receive a lump sum payment within thirty (30) days of death of any PTO pay accrued but unused through the Termination Date. Amounts payable under this Section 6.5 6.4 shall be paid to the beneficiary designated on the Company's ’s universal beneficiary designation form in effect on the date of the Executive's ’s death. If the Executive fails to designate a beneficiary or if such designation is ineffective, in whole or in part, any payment that would otherwise have been paid under this Section 6.5 6.4 shall be paid to the Executive's ’s estate. The right to the foregoing compensation due under clauses (a) and (b) above is subject to the execution timely execution, without revocation, by the beneficiary, or as applicable, the administrator of the Executive's ’s estate of the Company's severance ’s waiver and release agreement substantially in the form attached hereto as “Exhibit B” which will operate as a release of all legally waivable claims against the Company.
Appears in 2 contracts
Samples: Employment Agreement (Gulfport Energy Corp), Employment Agreement (Gulfport Energy Corp)
Death of Executive. If the Executive dies during the term of this Agreement, the Company may thereafter terminate this Agreement without compensation. In the event of the Executive’s death the Company will (a) immediately vest all unvested awards granted to the Executive under the Equity Compensation Plans (provided performance share units shall only be payable subject to the attainment of the performance measures for the applicable performance period as provided under the terms of the applicable award agreement); and (b) immediately vest any Supplemental Matching Contributions to the Chesapeake Energy 401(k) Make-Up Plan. Executive’s beneficiaries/estate shall also receive a lump sum payment within thirty (30) days of death of any PTO pay accrued but unused through the Termination Date. Amounts payable under this Section 6.5 shall be paid to the beneficiary designated on the Company's ’s universal beneficiary designation form in effect on the date of the Executive's ’s death. If the Executive fails to designate a beneficiary or if such designation is ineffective, in whole or in part, any payment that would otherwise have been paid under this Section 6.5 shall be paid to the Executive's ’s estate. The right to the foregoing compensation due under clauses (a) and (b) above is subject to the execution by the beneficiary, or as applicable, the administrator of the Executive's ’s estate of the Company's ’s severance agreement which will operate as a release of all legally waivable claims against the Company.
Appears in 1 contract
Samples: Employment Agreement (Chesapeake Oilfield Operating LLC)