Effect of Termination With Cause. (i) If the Executive’s employment with the Company shall be terminated by the Company with Cause during the Term the Executive shall be entitled to receive the following: (A) any unpaid Base Salary earned through the Termination Date, to be paid in a cash lump sum in the next payroll cycle following the Termination Date; and (B) any compensation previously deferred by the Executive (together with any accrued interest or earnings thereon) at the times provided in the applicable plans under which the deferral was made, if and to the extent payable to the Executive under the terms of the applicable plans and which has not been paid as of the Termination Date. (ii) For purposes of this Agreement, any of the following conditions shall constitute “Cause”: (A) the Executive’s conviction of, or plea of nolo contendere to, a felony or other crime involving moral turpitude or the Executive’s commission of any crime involving misappropriation, embezzlement, conversion of any property (including confidential or proprietary information) or business opportunities, or fraud with respect to any member of the Company Group or any of its customers or suppliers; (B) material conduct by the Executive causing any member of the Company Group public disgrace or disrepute or economic harm; (C) failure of the Executive to perform duties assigned by the Supervisory Authority or any member of the Company Group (other than as a result of death or Disability) that is not cured to the satisfaction of the Board within 10 days after written notice to the Executive specifying the failure; (D) any act or knowing omission of the Executive aiding or abetting a competitor or supplier of any member of the Company Group to the disadvantage or detriment of any member of the Company Group; (E) the Executive’s breach of fiduciary duty, gross negligence or willful misconduct with respect to any member of the Company Group; (F) a material violation by the Executive of any policy of any member of the Company Group applicable to the Executive that has been communicated to the Executive in writing (including through posting on the website of any member of the Company Group), including gross insubordination; (G) any attempt by the Executive to secure any personal profit (other than through his indirect ownership of equity in the Company) in connection with the business of any member of the Company Group (for example, without limitation, using the Company Group’s assets to pursue other interests, diverting any business opportunity belonging to the Company Group to himself or to a third party, ixxxxxx xxxxxxx or taking bribes or kickbacks); or (H) any other material breach by the Executive of this Agreement or any other agreement between the Executive and any member of the Company Group which is incurable or not cured to the Board’s reasonable satisfaction within ten (10) days after written notice thereof to the Executive. For all purposes hereunder, no act or omission to act by the Executive shall be “willful” if conducted in good faith or with a reasonable belief that such act or omission was in the best interests of the Company.
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Samples: Employment Agreement (Aeries Technology, Inc.), Employment Agreement (Aeries Technology, Inc.), Employment Agreement (Aeries Technology, Inc.)
Effect of Termination With Cause. (i) If the Executive’s employment with the Company shall be terminated by the Company with Cause during the Term of this Agreement: (i) the Company shall pay to the Executive shall be entitled to receive the following:
(A) any unpaid Base Salary earned through the date of termination of the Executive’s employment with the Company (the “Termination Date, to be paid in a cash lump sum in ”); and (ii) neither the next payroll cycle following Company nor the Termination Date; and
(B) Parent shall have any compensation previously deferred by the Executive (together with any accrued interest or earnings thereon) at the times provided in the applicable plans under which the deferral was made, if and to the extent payable further obligations to the Executive under this Agreement except those required to be provided by law or under the terms of any other agreement between the applicable plans Company and which has not been paid as of the Termination Date.
(ii) Executive. For purposes of this Agreement, any of the following conditions shall constitute “Cause”:
” shall mean: (Ai) the Executive’s conviction of, or plea of nolo contendere contendre with respect to, a felony any felony, or other crime involving any act of fraud, embezzlement or dishonesty by the Executive against the Company, the Parent or any of the Company’s or the Parent’s subsidiaries, or any act of moral turpitude or any conduct in which the Executive’s Executive engages during his employment that tends to bring the Company, the Parent or any of their subsidiaries into substantial public disgrace or dispute; (ii) the commission of any crime act or omission by the Executive involving misappropriation, embezzlement, conversion of any property (including confidential or proprietary information) or business opportunities, or fraud with respect to any member of the Company Group or the Parent or any of its customers their subsidiaries or suppliers;
(B) material conduct by in connection with any relationship between the Executive causing any member of Company, the Company Group public disgrace or disrepute or economic harm;
(C) failure of the Executive to perform duties assigned by the Supervisory Authority Parent or any member of the Company Group their subsidiaries and any customer or supplier, (other than as a result of death or Disability) that is not cured to the satisfaction of the Board within 10 days after written notice to the Executive specifying the failure;
(D) any act or knowing omission of the Executive aiding or abetting a competitor or supplier of any member of the Company Group to the disadvantage or detriment of any member of the Company Group;
(Eiii) the Executive’s breach use of fiduciary dutyillegal drugs or repetitive abuse of other drugs or repetitive excess consumption of alcohol interfering with the performance of the Executive’s duties, (iv) the gross negligence or willful misconduct in the performance of the Executive’s duties with respect to any member of the Company Group;
(F) a material violation by or the Executive of any policy of any member of the Company Group applicable to the Executive that has been communicated to the Executive in writing (including through posting on the website of any member of the Company Group), including gross insubordination;
(G) any attempt by the Executive to secure any personal profit (other than through his indirect ownership of equity in the Company) in connection with the business of any member of the Company Group (for example, without limitation, using the Company Group’s assets to pursue other interests, diverting any business opportunity belonging to the Company Group to himself or to a third party, ixxxxxx xxxxxxx or taking bribes or kickbacks); or
(H) any other material breach by the Executive of this Agreement Parent or any other agreement between the Executive and any member of the Company Group which is incurable their subsidiaries or not cured to the Board’s reasonable satisfaction within ten (10v) days after written notice thereof to the Executive. For all purposes hereunder, no act or omission ’s failure to act by follow the Executive shall be “willful” if conducted in good faith or with a reasonable belief that such act or omission was in the best interests lawful directives of the Company’s Board of Managers, the Parent’s Board of Directors or the Parent’s president and chief executive officer where the Executive has been given written notice of the acts or omissions constituting such failure and the Executive has failed to cure such conduct, where susceptible to cure, within 30 days following such notice.
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Effect of Termination With Cause. (i) If the Executive’s employment with the Company shall be terminated by the Company with Cause during the Term the Executive shall be entitled to receive the following:
(A) any unpaid Base Salary earned through the Termination Date, to be paid in a cash lump sum in the next payroll cycle following the Termination Date; and
(B) any compensation previously deferred by the Executive (together with any accrued interest or earnings thereon) at the times provided in the applicable plans under which the deferral was made, if and to the extent payable to the Executive under the terms of the applicable plans and which has not been paid as of the Termination Date.; and
(ii) For purposes of this Agreement, any of the following conditions shall constitute “Cause”:
(A) the Executive’s conviction of, or plea of nolo contendere to, a felony or other crime involving moral turpitude or the Executive’s commission of any crime involving misappropriation, embezzlement, conversion of any property (including confidential or proprietary information) or business opportunities, or fraud with respect to any member of the Company Group or any of its customers or suppliers;
(B) material conduct by the Executive causing any member of the Company Group public disgrace or disrepute or economic harm;
(C) failure of the Executive to perform duties assigned by the Supervisory Authority or any member of the Company Group (other than as a result of death or Disability) that is not cured to the satisfaction of the Board within 10 ten (10) days after written notice to the Executive specifying the failure;
(D) any act or knowing omission of the Executive aiding or abetting a competitor or supplier of any member of the Company Group to the disadvantage or detriment of any member of the Company Group;
(E) the Executive’s breach of fiduciary duty, gross negligence or willful misconduct with respect to any member of the Company Group;
(F) a material violation by the Executive of any policy of any member of the Company Group applicable to the Executive that has been communicated to the Executive in writing (including through posting on the website of any member of the Company Group), including gross insubordination;
(G) any attempt by the Executive to secure any personal profit (other than through his indirect ownership of equity in the Company) in connection with the business of any member of the Company Group (for example, without limitation, using the Company Group’s assets to pursue other interests, diverting any business opportunity belonging to the Company Group to himself or to a third party, ixxxxxx xxxxxxx or taking bribes or kickbacks); or
(H) any other material breach by the Executive of this Agreement or any other agreement between the Executive and any member of the Company Group which is incurable or not cured to the Board’s reasonable satisfaction within ten (10) days after written notice thereof to the Executive. For all purposes hereunder, no act or omission to act by the Executive shall be “willful” if conducted in good faith or with a reasonable belief that such act or omission was in the best interests of the Company.
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Effect of Termination With Cause. (i) If the Executive’s employment with the Company shall be terminated by the Company with Cause during the Term the Executive shall be entitled to receive the following:
(A) any unpaid Base Salary earned through the Termination Date, to be paid in a cash lump sum in the next payroll cycle following the Termination Date; and
(B) material any compensation previously deferred by the Executive (together with any accrued interest or earnings thereon) at the times provided in the applicable plans under which the deferral was made, if and to the extent payable to the Executive under the terms of the applicable plans and which has not been paid as of the Termination Date.; and
(ii) For purposes of this Agreement, any of the following conditions shall constitute “Cause”:
(A) the Executive’s conviction of, or plea of nolo contendere to, a felony or other crime involving moral turpitude or the Executive’s commission of any crime involving misappropriation, embezzlement, conversion of any property (including confidential or proprietary information) or business opportunities, or fraud with respect to any member of the Company Group or any of its customers or suppliers;
(B) material conduct by the Executive causing any member of the Company Group public disgrace or disrepute or economic harm;
(C) failure of the Executive to perform duties assigned by the Supervisory Authority or any member of the Company Group (other than as a result of death or Disability) that is not cured to the satisfaction of the Board within 10 days after written notice to the Executive specifying the failure;
(D) any act or knowing omission of the Executive aiding or abetting a competitor or supplier of any member of the Company Group to the disadvantage or detriment of any member of the Company Group;
(E) the Executive’s breach of fiduciary duty, gross negligence or willful misconduct with respect to any member of the Company Group;
(F) a material violation by the Executive of any policy of any member of the Company Group applicable to the Executive that has been communicated to the Executive in writing (including through posting on the website of any member of the Company Group), including gross insubordination;
(G) any attempt by the Executive to secure any personal profit (other than through his indirect ownership of equity in the Company) in connection with the business of any member of the Company Group (for example, without limitation, using the Company Group’s assets to pursue other interests, diverting any business opportunity belonging to the Company Group to himself or to a third party, ixxxxxx xxxxxxx or taking bribes or kickbacks); or
(H) any other material breach by the Executive of this Agreement or any other agreement between the Executive and any member of the Company Group which is incurable or not cured to the Board’s reasonable satisfaction within ten (10) days after written notice thereof to the Executive. For all purposes hereunder, no act or omission to act by the Executive shall be “willful” if conducted in good faith or with a reasonable belief that such act or omission was in the best interests of the Company.
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