DISABILITY SEVERANCE. If the Company is required to pay Executive severance by the express terms of Section 7(d), the Company shall pay Executive the following as severance: (1) Executive's Base Salary at the highest rate in effect prior to the Termination Date as salary continuation for the duration of the Severance Period, payable in equal monthly installments pursuant to the Company's customary payroll practices for executive salaries; provided, however, that, at the option of the Company, the amounts payable under this Section 7(e) may be paid by the Company in one lump sum. (2) Executive, Executive's spouse, and Executive's dependents will continue to be eligible for coverage under the Company's group health plan or any successor plan on the same basis as active executive employees of the Company, their spouses, and their dependents for the duration of the Severance Period. Executive's portion of the premium for such coverage shall be withheld from the salary continuation payments described in paragraph (1) immediately above or, if salary continuation has been paid in a lump sum, Executive shall reimburse the Company for Executive's portion of the premium on a monthly basis. If and when group health coverage under another employer's plan is made available to Executive, Executive's spouse, or Executive's dependents, the Company's obligations under this paragraph will cease with respect to each person to whom such coverage is made available, notwithstanding that such person may not in fact become covered under such other employer's plan. (3) An amount equal to the sum of amounts paid or payable to Executive as bonuses awarded by the Company for the calendar year prior to the calendar year in which the Termination Date occurs. This amount will be payable in one lump sum to Executive within 30 days after the end of the Severance Period. (4) Executive shall become 100% vested in all of the shares of restricted stock granted to Executive under the Mariner Energy, Inc. Equity Participation Plan to the extent Executive is less than 100% vested in such shares as of the Termination Date. (5) Executive shall become 50% vested in all of the rights and interests granted to Executive under the Company's stock and other equity plans (other than the Mariner Energy, Inc. Equity Participation Plan), including without limitation any stock options, restricted stock, restricted stock units, performance units, and/or performance shares to the extent Executive is less than 50% vested in such award as of the Termination Date. (6) Notwithstanding any other provision hereof, if the Company incurs an obligation to pay severance under this Section 7(e) in connection with termination of Executive's employment after the consummation of an initial public offering by the Company, then, subject to Section 7(h), Executive shall be entitled to receive the amounts specified in Section 8(a) in lieu of the amounts specified in Sections 7(e)(1) and 7(e)(3). (7) Payments under this Section 7(e) shall be in lieu of any severance benefits otherwise due to Executive under any severance pay plan or program maintained by the Company that covers its employees or executives generally.
Appears in 7 contracts
Samples: Employment Agreement (Mariner Energy Inc), Employment Agreement (Mariner Energy Resources, Inc.), Employment Agreement (Mariner Energy Inc)
DISABILITY SEVERANCE. If the Company is required to pay Executive severance by the express terms of Section 7(d), the Company shall pay Executive the following as severance:
(1) Executive's ’s Base Salary at the highest rate in effect prior to the Termination Date as salary continuation for the duration of the Severance Period, payable in equal monthly installments pursuant to the Company's ’s customary payroll practices for executive salaries; provided, however, that, at the option of the Company, the amounts payable under this Section 7(e) may be paid by the Company in one lump sum.
(2) Executive, Executive's ’s spouse, and Executive's ’s dependents will continue to be eligible for coverage under the Company's ’s group health plan or any successor plan on the same basis as active executive employees of the Company, their spouses, and their dependents for the duration of the Severance Period. Executive's ’s portion of the premium for such coverage shall be withheld from the salary continuation payments described in paragraph (1) immediately above or, if salary continuation has been paid in a lump sum, Executive shall reimburse the Company for Executive's ’s portion of the premium on a monthly basis. If and when group health coverage under another employer's ’s plan is made available to Executive, Executive's ’s spouse, or Executive's ’s dependents, the Company's ’s obligations under this paragraph will cease with respect to each person to whom such coverage is made available, notwithstanding that such person may not in fact become covered under such other employer's ’s plan.
(3) An amount equal to the sum of amounts paid or payable to Executive as bonuses awarded by the Company for the calendar year prior to the calendar year in which the Termination Date occurs. This amount will be payable in one lump sum to Executive within 30 days after the end of the Severance Period.
(4) Executive shall become 100% vested in all of the shares of restricted stock granted to Executive under the Mariner Energy, Inc. Equity Participation Plan to the extent Executive is less than 100% vested in such shares as of the Termination Date.
(5) Executive shall become 50% vested in all of the rights and interests granted to Executive under the Company's ’s stock and other equity plans (other than the Mariner Energy, Inc. Equity Participation Plan), including without limitation any stock options, restricted stock, restricted stock units, performance units, and/or performance shares to the extent Executive is less than 50% vested in such award as of the Termination Date.
(6) Notwithstanding any other provision hereof, if the Company incurs an obligation to pay severance under this Section 7(e) in connection with termination of Executive's ’s employment after the consummation of an initial public offering by the Company, then, subject to Section 7(h), Executive shall be entitled to receive the amounts specified in Section 8(a) in lieu of the amounts specified in Sections 7(e)(1) and 7(e)(3).
(7) Payments under this Section 7(e) shall be in lieu of any severance benefits otherwise due to Executive under any severance pay plan or program maintained by the Company that covers its employees or executives generally.
Appears in 3 contracts
Samples: Employment Agreement (Mariner Energy Inc), Employment Agreement (Mariner Energy Inc), Employment Agreement (Mariner Energy Resources, Inc.)
DISABILITY SEVERANCE. If the Company is required to pay Executive severance by the express terms of Section 7(d), the Company shall pay Executive the following as severance:
(1) Executive's Base Salary at the highest rate in effect prior to the Termination Date as salary continuation for the duration of the Severance Period, payable in equal monthly installments pursuant to the Company's customary payroll practices for executive salaries; provided, however, that, at the option of either the CompanyCompany or Executive, the amounts payable under this Section 7(e) may shall be paid by the Company in one lump sum.
(2) Executive, Executive's spouse, and Executive's dependents will continue to be eligible for coverage under the Company's group health plan or any successor plan on the same basis as active executive employees of the Company, their spouses, and their dependents for the duration of the Severance Period. Executive's portion of the premium for such coverage shall be withheld from the salary continuation payments described in paragraph (1) immediately above or, if salary continuation has been paid in a lump sum, Executive shall reimburse the Company for Executive's portion of the premium on a monthly basis. If and when group health coverage under another employer's plan is made available to Executive, Executive's spouse, or Executive's dependents, the Company's obligations under this paragraph will cease with respect to each person to whom such coverage is made available, notwithstanding that such person may not in fact become covered under such other employer's plan.
(3) An amount equal to the sum of amounts paid or payable to Executive as bonuses awarded by the Company for the calendar year prior to the calendar year in which the Termination Date occurs. This amount will be payable in one lump sum to Executive within 30 days after the end of the Severance Period.
(4) Executive shall become 100% vested in all of the shares of restricted stock granted to Executive under the Mariner Energy, Inc. Equity Participation Plan to the extent Executive is less than 100% vested in such shares as of the Termination Date.
(5) Executive shall become 50% vested in all of the rights and interests granted to Executive under the Company's stock and other equity plans (other than the Mariner Energy, Inc. Equity Participation Plan), including without limitation any stock options, restricted stock, restricted stock units, performance units, and/or performance shares to the extent Executive is less than 50% vested in such award as of the Termination Date.
(6) Notwithstanding any other provision hereof, if the Company incurs an obligation to pay severance under this Section 7(e) in connection with termination of Executive's employment after the consummation of an initial public offering by the Company, then, subject to Section 7(h), Executive shall be entitled to receive the amounts specified in Section 8(a) in lieu of the amounts specified in Sections 7(e)(1) and 7(e)(3).
(7) Payments under this Section 7(e) shall be in lieu of any severance benefits otherwise due to Executive under any severance pay plan or program maintained by the Company that covers its employees or executives generally.
Appears in 2 contracts
Samples: Employment Agreement (Mariner Energy Inc), Employment Agreement (Mariner Energy Resources, Inc.)
DISABILITY SEVERANCE. If the Company MEI is required to pay Executive severance by the express terms of Section 7(d), the Company MEI shall pay Executive the following as severance:
(1) The sum of Executive's ’s MEI Base Salary and MERI Base Salary at the highest rate in effect prior to the Termination Date as salary continuation for the duration of the Severance Period, payable in equal monthly installments pursuant to the Company's MEI’s customary payroll practices for executive salaries; provided, however, that, at the option of the CompanyMEI, the amounts payable under this Section 7(e) may be paid by the Company MEI in one lump sum.
(2) Executive, Executive's ’s spouse, and Executive's ’s dependents will continue to be eligible for coverage under the Company's MEI’s group health plan or any successor plan on the same basis as active executive employees of the CompanyMEI, their spouses, and their dependents for the duration of the Severance Period. Executive's ’s portion of the premium for such coverage shall be withheld from the salary continuation payments described in paragraph (1) immediately above or, if salary continuation has been paid in a lump sum, Executive shall reimburse the Company MEI for Executive's ’s portion of the premium on a monthly basis. If and when group health coverage under another employer's ’s plan is made available to Executive, Executive's ’s spouse, or Executive's ’s dependents, the Company's MEI’s obligations under this paragraph will cease with respect to each person to whom such coverage is made available, notwithstanding that such person may not in fact become covered under such other employer's ’s plan.
(3) An amount equal to the sum of amounts paid or payable to Executive as bonuses awarded by the Company both Employers for the calendar year prior to the calendar year in which the Termination Date occurs. This amount will be payable in one lump sum to Executive within 30 days after the end of the Severance Period.
(4) Executive shall become 100% vested in all of the shares of restricted stock granted to Executive under the Mariner Energy, Inc. Equity Participation Plan to the extent Executive is less than 100% vested in such shares as of the Termination Date.
(5) Executive shall become 50% vested in all of the rights and interests granted to Executive under the Company's MEI’s stock and other equity plans (other than the Mariner Energy, Inc. Equity Participation Plan), including without limitation any stock options, restricted stock, restricted stock units, performance units, and/or performance shares to the extent Executive is less than 50% vested in such award as of the Termination Date.
(6) Notwithstanding any other provision hereof, if the Company incurs an obligation to pay severance under this Section 7(e) in connection with termination of Executive's employment after the consummation of an initial public offering by the Company, then, subject to Section 7(h), Executive shall be entitled to receive the amounts specified in Section 8(a) in lieu of the amounts specified in Sections 7(e)(1) and 7(e)(3).
(7) Payments under this Section 7(e) shall be in lieu of any severance benefits otherwise due to Executive under any severance pay plan or program maintained by the Company MEI that covers its employees or executives generally.
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