DEFINITION OF "FOR CAUSE. For purposes of Section 6.1, the phrase "
DEFINITION OF "FOR CAUSE. For purposes of Section 6.1, the phrase “for Cause” means: (a) the continued failure, for a period of thirty (30) days after written demand is delivered to the Employee which specifically identifies the failure, by the Employee substantially to perform the Employee’s duties under this Agreement (other than any such failure resulting from “Disability”), (b) the Employee makes, or is found to have made, a false certification relating to Endo Pharmaceuticals Holdings Inc.’s financial statements, (c) the criminal felony indictment of the Employee by a court of competent jurisdiction, (d) the engagement by the Employee in serious misconduct that has caused, or in the good faith judgment of the Board of Directors may cause if not discontinued, material harm (financial or otherwise) to the Employer or any of its subsidiaries, if any (provided that with respect to misconduct that the Board of Directors determines may cause material harm if not discontinued, a written demand is delivered to the Employee specifically identifying the misconduct and the Employee continues the misconduct), such material harm to include, without limitation, (i) the disclosure of material secret or Confidential Information of the Employer or any of its subsidiaries, if any, (ii) the debarment of the Employer or any of its subsidiaries, if any, by the U.S. Food and Drug Administration or any successor agency (the “FDA”), or (iii) the registration of the Employer or any of its subsidiaries, if any, with the U.S. Drug Enforcement Administration of any successor agency (the “DEA”) to be revoked, (e) the debarment of the Employee by the FDA, or (f) the continued material breach by the Employee of this Agreement after written demand is delivered to the Employee which specifically identifies the breach and failure to cure within thirty (30) days of such demand.
DEFINITION OF "FOR CAUSE. For purposes of Section 4.1, the phrase "
DEFINITION OF "FOR CAUSE. For the purposes of section 10(a), the phrase "For Cause" means: (i) the Executive's material breach of this Agreement; (ii) the Executive’s failure to substantially perform the duties of Chief Financial Officer (or such other position with the Company as Executive may hold) as contemplated hereunder; (iii) the Executive's failure to substantially adhere to any reasonable written Company policy if the Executive has been given a reasonable opportunity to comply with such policy or cure his failure to comply; (iv) the misappropriation by the Executive of a material business opportunity of the Company, including securing any undisclosed personal profit in connection with any transaction entered into on behalf of the Company; (v) the misappropriation of any of the Company's funds, property or Confidential Information; (vi) the commission of material acts of dishonesty, willfully fraudulent or criminal acts or misconduct, or other willfully wrongful acts or omissions materially adversely affecting the Company; (vii) the conviction of, the indictment for or its procedural equivalent or the entering of a guilty plea or plea of no contest with respect to any felony.
DEFINITION OF "FOR CAUSE. For purposes of Section 6, the phrase “for cause” means: (a) the Executive’s material breach of this Agreement; (b) the Executive’s willful failure to adhere to any written Employer policy if the Executive has been given a reasonable opportunity to comply with such policy or cure his failure to comply (which reasonable opportunity must be granted during the 10-day period preceding termination of this Agreement); (c) the appropriation (or attempted appropriation) of a material business opportunity of the Employer, including attempting to secure or securing any personal profit in connection with any transaction entered into on behalf of the Employer; (d) the misappropriation (or attempted misappropriation) of any of the Employer’s funds or property; or (e) the conviction of, the indictment for (or its procedural equivalent), or the entering of a guilty plea or plea of no contest with respect to, a felony.
DEFINITION OF "FOR CAUSE. StarMedia's termination of Executive's employment with StarMedia shall be "For Cause" if, in the reasonable opinion of the Board: (i) Executive breached the terms of this Agreement and such breach is not cured within ten (10) days after Executive has received written notice from StarMedia of such breach, (ii) Executive exhibits dishonesty, habitual neglect, persistent and serious deficiencies in performance, or gross incompetence in the performance of his duties under this Agreement, (iii) Executive is convicted of a crime other than a minor traffic violation, or (iv) Executive refuses or fails to act on any lawful directive or order from the Board.
DEFINITION OF "FOR CAUSE. The termination of the Executive's employment by the Company shall be deemed "For Cause" if it results from:
(a) the willful and continued failure by the Executive substantially to perform his employment duties or regular failure to follow the specific directives of the Executive's supervisor, after written demand for substantial performance that specifically identifies the manner in which the Company believes the Executive has not substantially performed his duties is delivered by the Company to the Executive;
(b) the willful engaging by the Executive in misconduct which is materially injurious to the Company, monetarily or otherwise;
(c) the Executive's death; or
(d) an accident or illness which renders the Executive unable, for a period of two (2) consecutive months or an aggregate of sixty-one (61) days in any calendar year, to perform the essential functions of his job notwithstanding the provision of reasonable accommodation by Employer. For purposes of this section, no act, or failure to act, on the Executive's part shall be considered "willful" unless done, or omitted to be done, by him not in good faith and without reasonable belief that his action or omission was in the best interest of the Company. Notwithstanding the foregoing, the Executive shall not be deemed to have been terminated For Cause under subsection (a) or (b) without (i) reasonable advance written notice to the Executive setting forth the reasons for the Company's intention to terminate For Cause, and (ii) delivery to the Executive of written notice of termination from the Company finding that the Executive was guilty of conduct set forth above in clause (a) or (b) and specifying the particulars thereof in detail.
DEFINITION OF "FOR CAUSE. For purposes of Section 6.1, the phrase "for cause" means: (a) the Executive's material breach of this Agreement (b) the Executive's failure to adhere to any written Employer policy if the Executive has been given a reasonable opportunity to comply with such policy or cure his failure to comply (which reasonable opportunity must be granted during the ten-day period preceding termination of this Agreement); (c) the appropriation (or attempted appropriation) of a material business opportunity of the Employer, including attempting to secure or securing any personal profit in connection with any transaction entered into on behalf of the Employer; (d) the misappropriation (or attempted misappropriation) of any of the Employer's funds or property; or (e) the conviction of, the indictment for (or its procedural equivalent), or the entering of a guilty plea or plea of no contest with respect to, a felony, the equivalent thereof, or any other crime with respect to which imprisonment is a possible punishment.
DEFINITION OF "FOR CAUSE. The termination of Executive’s employment by the Company shall be deemed “For Cause” if it results from (a) the commission of an act of fraud, embezzlement, theft or proven dishonesty, or any other illegal act or practice (whether or not resulting in criminal prosecution or conviction), including theft or destruction of property of the Company, or any other act or practice which the Board of Directors of the Company (the “Board”) shall, in good faith, deem to have resulted in the recipient’s becoming unbondable under the Company’s fidelity bond; (b) the willful engaging in misconduct which is deemed by the Board, in good faith, to be materially injurious to the Company, monetarily or otherwise, including, but not limited to, improperly disclosing trade secrets or other confidential or sensitive business information and data about the Company and competing with the Company, or soliciting employees, consultants or customers of the Company in violation of law or any employment or other agreement to which the recipient is a party; (c) the continued failure or habitual neglect by the Executive to perform his or her duties with the Company; or (d) other disregard of the Company’s Bylaws, Code of Business Conduct and Ethics, or other rules or policies of the Company or any subsidiary, or conduct evidencing willful or wanton disregard of the interests of the Company. For purposes of this Agreement, no act or failure to act by the recipient shall be deemed “willful” unless done or omitted to be done by the Executive not in good faith and without reasonable belief that the Executive’s action or omission was in the best interest of the Company. Notwithstanding the foregoing, if Executive has entered into an employment agreement that is binding as of the date of such event, and if such employment agreement defines “Cause,” then the definition of “Cause” in such agreement shall apply. The determination of whether the Executive has engaged in an act that constitutes Cause shall be made by the Board, which prior to making such determination shall provide written notice of the event of Cause to the Executive and allow the Executive a reasonable opportunity to cure such event.
