Common use of Discretionary Termination Clause in Contracts

Discretionary Termination. For purposes of this Agreement, “Discretionary Termination” means the determination by the Executive at any time during the thirty (30)-day period after the first anniversary of the occurrence of a Change in Control of the Company, as evidenced by the Executive’s delivery to the Company of a Notice of Termination during such period, to terminate this Agreement and his employment hereunder for any reason whatsoever in his sole discretion, with or without good faith and regardless of whether the Company is then attempting to terminate the Executive for any reason, including for Cause.

Appears in 2 contracts

Samples: Key Executive Employment and Severance Agreement (Bucyrus International Inc), Key Executive Employment and Severance Agreement (Bucyrus International Inc)

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Discretionary Termination. For purposes of this Agreement, 'Discretionary Termination' means the determination by the Executive at any time during the thirty ninety (30)-day 90) day period commencing on and then after the first anniversary of the occurrence of a Change in Control of the Company, as evidenced by the Executive’s 's delivery to the Company of a Notice of Termination during such periodperiod (including simultaneously with the occurrence of a Change in Control of the Company), to terminate this Agreement and his employment hereunder for any reason whatsoever in his sole discretion, with or without good faith and regardless of whether the Company is then attempting to terminate the Executive for any reason, including for Causefaith."

Appears in 2 contracts

Samples: Employment and Severance Agreement (Superior Services Inc), Severance Agreement (Superior Services Inc)

Discretionary Termination. For purposes of this Agreement, "Discretionary Termination" means the determination by the Executive at any time during the thirty sixty (30)-day 60) day period commencing one year after the first anniversary of the occurrence of a Change in Control of the Company, as evidenced by the Executive’s 's delivery to the Company of a Notice of Termination during such period, to terminate this Agreement and his employment consulting relationship hereunder for any reason whatsoever in his sole discretion, discretion with or without good faith faith, and regardless of whether the Company has terminated or is then attempting to terminate the terminating Executive for any reason, including for "Cause."

Appears in 1 contract

Samples: Key Executive Severance Agreement (Fresh Brands Inc)

Discretionary Termination. For purposes of this Agreement, `Discretionary Termination' means the determination by the Executive at any time during the thirty (30)-day one- year period after the first anniversary of the occurrence of a Change in Control of the Company, as evidenced by the Executive’s 's delivery to the Company of a Notice of Termination during such period, to terminate this Agreement and his employment hereunder for any reason whatsoever in his sole discretion, with or without good faith faith, and regardless of whether the Company has terminated or is then attempting to terminate the terminating Executive for any reason, including for `Cause.'"

Appears in 1 contract

Samples: Employment and Severance Agreement (Schultz Sav O Stores Inc)

Discretionary Termination. For purposes of this Agreement, `Discretionary Termination' means the determination by the Executive at any time during the thirty ninety (30)-day 90) day period commencing on and then after the first anniversary of the occurrence of a Change in Control of the Company, as evidenced by the Executive’s 's delivery to the Company of a Notice of Termination during such periodperiod (including simultaneously with the occurrence of a Change in Control of the Company), to terminate this Agreement and his employment hereunder for any reason whatsoever in his sole discretion, with or without good faith and regardless of whether the Company is then attempting to terminate the Executive for any reason, including for Causefaith."

Appears in 1 contract

Samples: And Severance Agreement (Superior Services Inc)

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Discretionary Termination. For purposes of this Agreement, “Discretionary Termination” means the determination by the Executive at any time during the thirty (30)-day period after the first anniversary of the occurrence of a Change in Control of the Company, as evidenced by the Executive’s delivery to the Company of a Notice of Termination during such period, to terminate this Agreement and his employment hereunder for any reason whatsoever in his sole discretion, with or without good faith and regardless of whether the Company is then attempting to terminate the Executive for any reason, including for Cause.. (i)

Appears in 1 contract

Samples: Employment and Severance Agreement (Bucyrus International Inc)

Discretionary Termination. For purposes of this Agreement, "Discretionary Termination" means the determination by the Executive at any time during the thirty sixty (30)-day 60) day period commencing one year after the first anniversary of the occurrence of a Change in Control of the Company, as evidenced by the Executive’s 's delivery to the Company of a Notice of Termination during such period, to terminate this Agreement and his employment hereunder for any reason whatsoever in his sole discretion, discretion with or without good faith faith, and regardless of whether the Company has terminated or is then attempting to terminate the terminating Executive for any reason, including for "Cause."

Appears in 1 contract

Samples: Key Executive Employment and Severance Agreement (Fresh Brands Inc)

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