Common use of Effective Date; Term; Effect on Other Agreements Clause in Contracts

Effective Date; Term; Effect on Other Agreements. (a) Effective as of the “Offer Closing,” as such term is defined in the Agreement and Plan of Merger dated as of May 5, 2010, by and among the Company, HT Acquisition Corp., a Georgia corporation and a direct, wholly owned Subsidiary of the Company (“Merger Sub”), and HealthTronics, Inc., a Georgia corporation (“HealthTronics”), the Company agrees to employ Executive and Executive agrees to be employed by the Company on the terms and conditions set forth in this Agreement. The date on which the Offer Closing occurs shall be referred to herein as the “Effective Date.” If for any reason the Offer Closing does not occur, this Agreement shall be null and void and of no force and effect. (b) The term of Executive’s employment under this Agreement (the “Term of the Agreement”) shall be for the period commencing on the Effective Date and ending, subject to earlier termination as set forth in Section 5, on the third anniversary of the Effective Date. The Term of Agreement shall expire on the third anniversary of the Effective Date, provided, however, such expiration shall not automatically result in a termination of Executive’s employment with the Company. (c) As of the Effective Date, Executive’s Executive Employment Agreement with HealthTronics, dated as of November 30, 2009 (the “Existing Agreement”) shall be superseded in its entirety by this Agreement, and the Existing Agreement shall thereupon have no further force and effect. For the avoidance of doubt, Executive agrees that he shall not be entitled to any payments or benefits under the Existing Agreement on or following the Effective Date and specifically acknowledges that the terms of this Agreement do not constitute “Good Reason” for purposes of the Existing Agreement.

Effective Date; Term; Effect on Other Agreements. (a) Effective as of the “Offer Closing,” as such term is defined in the Agreement and Plan of Merger (the “Merger Agreement”) dated as of May 5, 2010, by and among the Company, HT Acquisition Corp., a Georgia corporation and a direct, wholly owned Subsidiary of the Company (“Merger Sub”), and HealthTronics, Inc., a Georgia corporation (“HealthTronics”), the Company agrees to employ Executive and Executive agrees to be employed by the Company on the terms and conditions set forth in this Agreement. The date on which the Offer Closing occurs shall be referred to herein as the “Effective Date.” If for any reason the Offer Closing does not occur, this Agreement shall be null and void and of no force and effect. (b) The initial term (the “Initial Term”) of Executive’s employment under this Agreement (the “Term of the Agreement”) shall be for the period commencing on the Effective Date and ending, subject to earlier termination as set forth in Section 5, eighteen months following the Closing Date (as defined in the Merger Agreement). The term of the Agreement shall automatically renew for two additional one (1) year periods (the “Renewal Periods” and together with the Initial Term, the “Term of the Agreement”) unless a notice of non-renewal is delivered by either party during the period commencing on the third anniversary date 180 days prior to the expiration of the Effective Date. The Term of the Agreement shall expire and ending on the third anniversary date which is 90 days prior to the expiration of the Effective Date, provided, however, such expiration shall not automatically result in a termination Term of Executive’s employment with the CompanyAgreement. (c) As of the Effective Date, Executive’s Amended and Restated Executive Employment Agreement with HealthTronics, dated as of November 305, 2009 (the “Existing Agreement”) shall be superseded in its entirety by this Agreement, and the Existing Agreement shall thereupon have no further force and effect. For the avoidance of doubt, Executive agrees that he shall not be entitled to any payments or benefits under the Existing Agreement on or following the Effective Date and specifically acknowledges that the terms of this Agreement do not constitute “Good Reason” for purposes of the Existing Agreement.

Effective Date; Term; Effect on Other Agreements. (a) Effective as of the “Offer Closing,” as such term is defined in the Agreement and Plan of Merger dated as of May 5, 2010, by and among the Company, HT Acquisition Corp., a Georgia corporation and a direct, wholly owned Subsidiary of the Company (“Merger Sub”), and HealthTronics, Inc., a Georgia corporation (“HealthTronics”), the Company agrees to employ Executive and Executive agrees to be employed by the Company on the terms and conditions set forth in this Agreement. The date on which the Offer Closing occurs shall be referred to herein as the “Effective Date.” If for any reason the Offer Closing does not occur, this Agreement shall be null and void and of no force and effect. (b) The term of Executive’s employment under this Agreement (the “Term of the Agreement”) shall be for the period commencing on the Effective Date and ending, subject to earlier termination as set forth in Section 5, on the third anniversary of nine months following the Effective Date. The Notwithstanding the forgoing, the Term of the Agreement shall expire on the third anniversary may be renewed by mutual, written agreement of the Effective Date, provided, however, such parties prior to the expiration shall not automatically result in a termination of Executive’s employment with the CompanyTerm of the Agreement. (c) As of the Effective Date, Executive’s Executive Employment Agreement with HealthTronics, dated as of November 3023, 2009 (the “Existing Agreement”) shall be superseded in its entirety by this Agreement, and the Existing Agreement shall thereupon have no further force and effect. For the avoidance of doubt, Executive agrees that he shall not be entitled to any payments or benefits under the Existing Agreement on or following the Effective Date and specifically acknowledges that the terms of this Agreement do not constitute “Good Reason” for purposes of the Existing Agreement.

Effective Date; Term; Effect on Other Agreements. (a) Effective as of the “Offer Closing,” as such term is defined in the Agreement and Plan of Merger dated as of May 5, 2010, by and among the Company, HT Acquisition Corp., a Georgia corporation and a direct, wholly owned Subsidiary of the Company (“Merger Sub”), and HealthTronics, Inc., a Georgia corporation (“HealthTronics”), the Company agrees to employ Executive and Executive agrees to be employed by the Company on the terms and conditions set forth in this Agreement. The date on which the Offer Closing occurs shall be referred to herein as the “Effective Date.” If for any reason the Offer Closing does not occur, this Agreement shall be null and void and of no force and effect. (b) The term of Executive’s employment under this Agreement (the “Term of the Agreement”) shall be for the period commencing on the Effective Date and ending, subject to earlier termination as set forth in Section 5, on the third anniversary of the Effective Date. The Term of Agreement shall expire on the third anniversary of the Effective Date, provided, however, such expiration shall not automatically result in a termination of Executive’s employment with the Company. (c) As of the Effective Date, Executive’s Executive Employment Agreement with HealthTronics, dated as of November July 30, 2009 (the “Existing Agreement”) shall be superseded in its entirety by this Agreement, and the Existing Agreement shall thereupon have no further force and effect. For the avoidance of doubt, Executive agrees that he shall not be entitled to any payments or benefits under the Existing Agreement on or following the Effective Date and specifically acknowledges that the terms of this Agreement do not constitute “Good Reason” for purposes of the Existing Agreement.