Common use of Effect of Trigger Event Clause in Contracts

Effect of Trigger Event. (i) Executive may terminate his employment by giving written notice of termination to the Company at any time during the thirty (30) day period immediately following the six (6) month anniversary of the date of a Change of Control or Downstream Operations Event and be entitled to receive the amount and benefits described in Section 5(a)(v) above. (ii) Also, in the event (1) the Executive gives the Company ninety (90) days’ advance written notice that Executive is terminating his employment for Good Reason, (2) Executive has given such notice within sixty (60) days of having Good Reason, (3) the Company has not cured the event of Good Reason for which Executive provided notice within thirty (30) days from receipt of such notice, and (4) the notice is provided within the first twelve (12) months after a Trigger Event, then on the effective date of his resignation Executive shall be entitled to receive the amounts and benefits described in Section 5(a)(v) above. (iii) Anything in this Agreement to the contrary notwithstanding, if the circumstances constituting Good Reason occur prior to the date on which a Trigger Event occurs, and it is reasonably demonstrated that such circumstances (i) occurred at the request of a third party who has taken steps reasonably calculated to effect a Trigger Event or (ii) otherwise arose in connection with or anticipation of a Trigger Event then for all purposes of this Agreement the date of the Trigger Event shall mean the date immediately prior to the occurrence of such circumstances.

Appears in 2 contracts

Samples: Employment Agreement (Esmark INC), Employment Agreement (Esmark INC)

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Effect of Trigger Event. (i) Executive may terminate his employment by giving written notice of termination to the Company at any time during the thirty (30) day period immediately following the six (6) month anniversary of the date of a the Change of Control or Downstream Operations Event and be entitled to receive the amount and benefits described in Section 5(a)(v) above. (ii) Also, in the event the Executive (1) the Executive gives the Company ninety (90) days’ advance written notice that Executive is terminating his employment for Good Reason, (2) Executive has given such notice within sixty (60) days of having Good Reason, (3) the Company has not cured the event of Good Reason for which Executive provided notice within thirty (30) days from receipt of such notice, and (4) the notice is provided within the first twelve (12) months after a Trigger Event, then on the effective date of his resignation Executive shall be entitled to receive the amounts and benefits described in Section 5(a)(v) above. (iii) Anything in this Agreement to the contrary notwithstanding, if the circumstances constituting Good Reason occur prior to the date on which a Trigger Event occurs, and it is reasonably demonstrated that such circumstances (i) occurred at the request of a third party who has taken steps reasonably calculated to effect a Trigger Event or (ii) otherwise arose in connection with or anticipation of a Trigger Event Event, then for all purposes of this Agreement the date of the Trigger Event shall mean the date immediately prior to the occurrence of such circumstances.

Appears in 2 contracts

Samples: Employment Agreement (Esmark INC), Employment Agreement (Esmark INC)

Effect of Trigger Event. (i) Executive may terminate his employment by giving written notice of termination to the Company at any time during the thirty (30) day period immediately following the six (6) month anniversary of the date of a Change of Control or Downstream Operations Event and be entitled to receive the amount amounts and benefits described in Section 5(a)(v) above. (ii) Also, in the event that Executive (1) the Executive gives the Company ninety (90) days’ advance written notice that Executive is terminating his employment for Good Reason, (2) Executive has given such notice within sixty (60) days of having Good Reason, (3) the Company has not cured the event of Good Reason for which Executive provided notice within thirty (30) days from receipt of such notice, and (4) the notice is provided within the first twelve (12) months after a Trigger Event, then on the effective date of his resignation Executive shall be entitled to receive the amounts and benefits described in Section 5(a)(v) above. (iii) Anything in this Agreement to the contrary notwithstanding, if the circumstances constituting Good Reason occur prior to the date on which a Trigger Event occurs, and it is reasonably demonstrated that such circumstances (i) occurred at the request of a third party who has taken steps reasonably calculated to effect a Trigger Event or (ii) otherwise arose in connection with or anticipation of a Trigger Event then for all purposes of this Agreement the date of the Trigger Event shall mean the date immediately prior to the occurrence of such circumstances.

Appears in 1 contract

Samples: Employment Agreement (Esmark INC)

Effect of Trigger Event. (i) Executive may terminate his employment by giving written notice of termination to the Company at any time during the thirty (30) day period immediately following the six (6) month anniversary of the date of a the Change of Control or Downstream Mill Operations Event and be entitled to receive the amount and benefits described in Section 5(a)(v) above. (ii) Also, in the event the Executive (1) the Executive gives the Company ninety (90) days’ advance written notice that Executive is terminating his employment for Good Reason, (2) Executive has given such notice within sixty (60) days of having Good Reason, (3) the Company has not cured the event of Good Reason for which Executive provided notice within thirty (30) days from receipt of such notice, and (4) the notice is provided within the first twelve (12) months after a Trigger Event, then on the effective date of his resignation Executive shall be entitled to receive the amounts and benefits described in Section 5(a)(v) above. (iii) Anything in this Agreement to the contrary notwithstanding, if the circumstances constituting Good Reason occur prior to the date on which a Trigger Event occurs, and it is reasonably demonstrated that such circumstances (i) occurred at the request of a third party who has taken steps reasonably calculated to effect a Trigger Event or (ii) otherwise arose in connection with or anticipation of a Trigger Event Event, then for all purposes of this Agreement the date of the Trigger Event shall mean the date immediately prior to the occurrence of such circumstances.

Appears in 1 contract

Samples: Employment Agreement (Esmark INC)

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Effect of Trigger Event. (i) Executive may terminate his employment by giving written notice of termination to the Company at any time during the thirty (30) day period immediately following the six (6) month anniversary of the date of a the Change of Control or Downstream Mill Operations Event and be entitled to receive the amount amounts and benefits described in Section 5(a)(v) above. (ii) Also, in the event (1) the Executive gives the Company ninety (90) days’ advance written notice that Executive is terminating his employment for Good Reason, (2) Executive has given such notice within sixty (60) days of having Good Reason, (3) the Company has not cured the event of Good Reason for which Executive provided notice within thirty (30) days from receipt of such notice, and (4) the notice is provided within the first twelve (12) months after a Trigger Event, then on the effective date of his resignation Executive shall be entitled to receive the amounts and benefits described in Section 5(a)(v) above. (iii) Anything in this Agreement to the contrary notwithstanding, if the circumstances constituting Good Reason occur prior to the date on which a Trigger Event occurs, and it is reasonably demonstrated that such circumstances (i) occurred at the request of a third party who has taken steps reasonably calculated to effect a Trigger Event or (ii) otherwise arose in connection with or anticipation of a Trigger Event Event, then for all purposes of this Agreement the date of the Trigger Event shall mean the date immediately prior to the occurrence of such circumstances.

Appears in 1 contract

Samples: Employment Agreement (Esmark INC)

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