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.
Appears in 5 contracts
Samples: Employment Agreement (Endo Pharmaceuticals Holdings Inc), Employment Agreement (Endo Pharmaceuticals Holdings Inc), Employment Agreement (Endo Pharmaceuticals Holdings Inc)
DEFINITION OF "FOR CAUSE. For purposes of Section 6.1, the phrase “for Causecause” 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 “Disabilitydisability”), (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.
Appears in 5 contracts
Samples: Employment Agreement (Endo Pharmaceuticals Holdings Inc), Employment Agreement (Endo Pharmaceuticals Holdings Inc), Employment Agreement (Endo Pharmaceuticals Holdings Inc)
DEFINITION OF "FOR CAUSE. For purposes of Section 6.1, the phrase “"for Cause” cause" means: (a) the continued failure, for a period of thirty (30) days after written demand is delivered to the Employee Executive which specifically identifies the failure, by the Employee Executive substantially to perform the Employee’s Executive's duties under this Agreement (other than any such failure resulting from “Disability”"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 Executive 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 Executive specifically identifying the misconduct and the Employee Executive continues the misconduct), such material harm to include, without limitation, (i) the disclosure of material secret or Confidential Information 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 revokedrevoked or an application with the DEA to be denied, (ec) the debarment of the Employee Executive by the FDA, or (fd) the continued material breach by the Employee Executive of this Agreement or the Stockholder's Agreement, dated as of August 26, 1997, among the Executive, the Employer and other parties named therein (the "Stockholder's Agreement") after written demand is delivered to the Employee Executive which specifically identifies the breach and failure to cure within thirty (30) days of such demandbreach.
Appears in 4 contracts
Samples: Employment Agreement (Endo Pharmaceuticals Holdings Inc), Employment Agreement (Endo Pharmaceuticals Holdings Inc), Employment Agreement (Endo Pharmaceuticals Holdings Inc)
DEFINITION OF "FOR CAUSE. For purposes of Section 6.1, the phrase “"for Cause” 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 's duties under this Agreement (other than any such failure resulting from “Disability”"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 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 revokedrevoked or an application with the DEA to be denied, (ec) the debarment of the Employee by the FDA, or (fd) the continued material breach by the Employee of this Agreement or the amended and restated Stockholders Agreement, dated as of July 14, 2000, among the Employee, the Employer and other parties named therein (the "Stockholders Agreement") after written demand is delivered to the Employee which specifically identifies the breach and failure to cure within thirty (30) days of such demandbreach.
Appears in 1 contract
Samples: Employment Agreement (Endo Pharmaceuticals Holdings Inc)
DEFINITION OF "FOR CAUSE. For purposes of Section 6.1, the phrase “"for Cause” 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 's duties under this Agreement (other than any such failure resulting from “Disability”"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 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 revokedrevoked or an application with the DEA to be denied, (ec) the debarment of the Employee by the FDA, or (fd) the continued material breach by the Employee of this Agreement or the amended and restated Stockholders Agreement, dated as of July 14, 2000, among the Employee, the Employer and other parties named therein (the "Stockholder's Agreement") after written demand is delivered to the Employee which specifically identifies the breach and failure to cure within thirty (30) days of such demandbreach.
Appears in 1 contract
Samples: Employment Agreement (Endo Pharmaceuticals Holdings Inc)
DEFINITION OF "FOR CAUSE. For purposes of Section 6.1, 6.1 the phrase “"for Cause” 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 's duties under this Agreement (other than any such failure resulting from “Disability”"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 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 revokedrevoked or an application with the DEA to be denied, (ec) the debarment of the Employee by the FDA, or (fd) the continued material breach by the Employee of this Agreement or the Stockholder's Agreement, dated as of August 26, 1997, among the Employee, the Employer and other parties named therein (the "Stockholder's Agreement") after written demand is delivered to the Employee which specifically identifies the breach and failure to cure within thirty (30) days of such demandbreach.
Appears in 1 contract
Samples: Employment Agreement (Endo Pharmaceuticals Holdings Inc)
DEFINITION OF "FOR CAUSE. For purposes of Section 6.1, the phrase “"for Cause” 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 's duties under this Agreement (other than any such failure resulting from “Disability”"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 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 revokedrevoked or an application with the DEA to be denied, (ec) the debarment of the Employee by the FDA, or (fd) the continued material breach by the Employee of this Agreement after written demand is delivered to or the Employee which specifically identifies amended and restated Stockholders Agreement, dated as of July 14, 2000, among the breach Employee, the Employer and failure to cure within thirty other parties named therein (30) days of such demand.the
Appears in 1 contract
Samples: Employment Agreement (Endo Pharmaceuticals Holdings Inc)
DEFINITION OF "FOR CAUSE. For purposes of Section 6.1, the phrase “"for Cause” 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 's duties under this Agreement (other than any such failure resulting from “Disability”"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 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 revokedrevoked or an application with the DEA to be denied, (ec) the debarment of the Employee by the FDA, or (fd) the continued material breach by the Employee of this Agreement or the Stockholder's Agreement, dated as of August 26, 1997, among the Employee, the Employer and other parties named therein (the "Stockholder's Agreement") after written demand is delivered to the Employee which specifically identifies the breach and failure to cure within thirty (30) days of such demandbreach.
Appears in 1 contract
Samples: Employment Agreement (Endo Pharmaceuticals Holdings Inc)
DEFINITION OF "FOR CAUSE. For purposes of Section 6.1, 6.1 ------------------------ the phrase “"for Cause” 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 's duties under this Agreement (other than any such failure resulting from “Disability”"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 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 revokedrevoked or an application with the DEA to be denied, (ec) the debarment of the Employee by the FDA, or (fd) the continued material breach by the Employee of this Agreement or the Stockholder's Agreement, dated as of August 26, 1997, among the Employee, the Employer and other parties named therein (the "Stockholder's Agreement") after written demand is delivered to the Employee which specifically identifies the breach and failure to cure within thirty (30) days of such demandbreach.
Appears in 1 contract
Samples: Employment Agreement (Endo Pharmaceuticals Holdings Inc)