Effective Date: Term of Employment. (a) The Company shall employ Executive as Executive Vice President during the term of his employment, subject to the terms and conditions set forth in this Employment Agreement, and Executive hereby accepts such employment. (b) The effective date of this Employment Agreement (the "Effective Date") shall be August 10, 2004. (c) Unless extended under Section 1(d) below or unless earlier terminated as provided herein, Executive's employment under this Employment Agreement shall be for a rolling, twelve (12) month term (the "Term") commencing on the Effective Date, and shall be deemed to automatically, without further action by either the Company or Executive, extend each day for an additional day, such that the remaining term of the Employment Agreement shall continue to be twelve months; provided, however, that either party may, by written notice to the other, cause this Employment Agreement to cease to extend automatically and, upon such notice, the "Term" of this Employment Agreement shall be the twelve months following the date of such notice. If no such notice to cease to extend has been given and the Executive's employment is terminated by the Executive for Good Reason or by the Company without Cause, for purposes of calculating the Severance Period as defined in Section 5(c)(2) below, the remaining Term of this Employment Agreement shall be deemed to be twelve months from the Executive's Date of Termination. (d) If a Change in Control (as defined in Section 4(g) below) occurs prior to the effective date of a registration statement on Form S-1 for the initial public offering of the common stock of the Company, then, as of the date of such Change in Control, the Term shall automatically extend to be a rolling, eighteen month period, subject to the renewal and other provisions of Section 1(c) above after substituting "eighteen months" for "twelve months" wherever such term appears in Section 1(c).
Appears in 1 contract
Samples: Employment Agreement (Emageon Inc)
Effective Date: Term of Employment. (a) The Company shall employ Executive as Chief Executive Vice President Officer during the term of his employment, subject to the terms and conditions set forth in this Employment Agreement, and Executive hereby accepts such employment.
(b) The effective date of this Employment Agreement (the "Effective Date") shall be August 10, 2004.
(c) Unless extended under Section 1(d) below or unless earlier terminated as provided herein, Executive's employment under this Employment Agreement shall be for a rolling, twelve (12) month two year term (the "Term") commencing on the Effective Date, and shall be deemed to automatically, without further action by either the Company or Executive, extend each day for an additional day, such that the remaining term of the Employment Agreement shall continue to be twelve monthstwo years; provided, however, that either party may, by written notice to the other, cause this Employment Agreement to cease to extend automatically and, upon such notice, the "Term" of this Employment Agreement shall be the twelve months two years following the date of such notice. If no such notice to cease to extend has been given and the Executive's employment is terminated by the Executive for Good Reason or by the Company without Cause, for purposes of calculating the Severance Period as defined in Section 5(c)(2) below, the remaining Term of this Employment Agreement shall be deemed to be twelve months two years from the Executive's Date of Termination.
(d) If a Change in Control (as defined in Section 4(g) below) occurs prior to the effective date of a registration statement on Form S-1 for the initial public offering of the common stock of the Company, then, as of the date of such Change in Control, the Term shall automatically extend to be a rolling, eighteen month three year period, subject to the renewal and other provisions of Section 1(c) above after substituting "eighteen monthsthree years" for "twelve monthstwo years" wherever such term appears in Section 1(c).
Appears in 1 contract
Samples: Employment Agreement (Emageon Inc)
Effective Date: Term of Employment. (a) The Company shall employ Executive as Executive Vice President and Chief Operating Officer during the term of his employment, subject to the terms and conditions set forth in this Employment Agreement, and Executive hereby accepts such employment.
(b) The effective date of this Employment Agreement (the "“Effective Date"”) shall be August 10December 6, 20042007.
(c) Unless extended under Section 1(d) below or unless earlier terminated as provided herein, Executive's ’s employment under this Employment Agreement shall be for a rolling, twelve (12) month term (the "“Term"”) commencing on the Effective Date, and shall be deemed to automatically, without further action by either the Company or Executive, extend each day for an additional day, such that the remaining term of the Employment Agreement shall continue to be twelve months; provided, however, that either party may, by written notice to the other, cause this Employment Agreement to cease to extend automatically and, upon such notice, the "“Term" ” of this Employment Agreement shall be the twelve months following the date of such notice. If no such notice to cease to extend has been given and the Executive's ’s employment is terminated by the Executive for Good Reason or by the Company without Cause, for purposes of calculating the Severance Period as defined in Section 5(c)(2) below, the remaining Term of this Employment Agreement shall be deemed to be twelve months from the Executive's ’s Date of Termination.
(d) If a Change in Control (as defined in Section 4(g) below) occurs prior to the effective date of a registration statement on Form S-1 for the initial public offering of the common stock of the Company, then, as of the date of such Change in Control, the Term shall automatically extend to be a rolling, eighteen month period, subject to the renewal and other provisions of Section 1(c) above after substituting "eighteen months" for "twelve months" wherever such term appears in Section 1(c).
Appears in 1 contract
Samples: Employment Agreement (Emageon Inc)
Effective Date: Term of Employment. (a) The Company shall employ Executive as Executive Vice President Chief Operating Officer during the term of his employment, subject to the terms and conditions set forth in this Employment Agreement, and Executive hereby accepts such employment.
(b) The effective date of this Employment Agreement (the "“Effective Date"”) shall be August 10March 22, 20042006.
(c) Unless extended under Section 1(d) below or unless earlier terminated as provided herein, Executive's ’s employment under this Employment Agreement shall be for a rolling, twelve eighteen (1218) month term (the "“Term"”) commencing on the Effective Date, and shall be deemed to automatically, without further action by either the Company or Executive, extend each day for an additional day, such that the remaining term of the Employment Agreement shall continue to be twelve eighteen months; provided, however, that either party may, by written notice to the other, cause this Employment Agreement to cease to extend automatically and, upon such notice, the "“Term" ” of this Employment Agreement shall be the twelve eighteen months following the date of such notice. If no such notice to cease to extend has been given and the Executive's ’s employment is terminated by the Executive for Good Reason or by the Company without Cause, for purposes of calculating the Severance Period as defined in Section 5(c)(2) below, the remaining Term of this Employment Agreement shall be deemed to be twelve eighteen months from the Executive's ’s Date of Termination.
(d) If a Change in Control (as defined in Section 4(g) below) occurs prior to the effective date of a registration statement on Form S-1 for the initial public offering of the common stock of the Company, then, as of the date of such Change in Control, the Term shall automatically extend to be a rolling, eighteen month period, subject to the renewal and other provisions of Section 1(c) above after substituting "eighteen months" for "twelve months" wherever such term appears in Section 1(c).
Appears in 1 contract
Samples: Employment Agreement (Emageon Inc)
Effective Date: Term of Employment. (a) The Company shall employ Executive as Executive Vice President and Chief Operating Officer during the term of his employment, subject to the terms and conditions set forth in this Employment Agreement, and Executive hereby accepts such employment.
(b) The effective date of this Employment Agreement (the "Effective Date") shall be August 10, 2004.
(c) Unless extended under Section 1(d) below or unless earlier terminated as provided herein, Executive's employment under this Employment Agreement shall be for a rolling, twelve eighteen (1218) month term (the "Term") commencing on the Effective Date, and shall be deemed to automatically, without further action by either the Company or Executive, extend each day for an additional day, such that the remaining term of the Employment Agreement shall continue to be twelve eighteen months; provided, however, that either party may, by written notice to the other, cause this Employment Agreement to cease to extend automatically and, upon such notice, the "Term" of this Employment Agreement shall be the twelve eighteen months following the date of such notice. If no such notice to cease to extend has been given and the Executive's employment is terminated by the Executive for Good Reason or by the Company without Cause, for purposes of calculating the Severance Period as defined in Section 5(c)(2) below, the remaining Term of this Employment Agreement shall be deemed to be twelve eighteen months from the Executive's Date of Termination.
(d) If a Change in Control (as defined in Section 4(g) below) occurs prior to the effective date of a registration statement on Form S-1 for the initial public offering of the common stock of the Company, then, as of the date of such Change in Control, the Term shall automatically extend to be a rolling, eighteen month two-year period, subject to the renewal and other provisions of Section 1(c) above after substituting "eighteen monthstwo years" for "twelve eighteen months" wherever such term appears in Section 1(c).
Appears in 1 contract
Samples: Employment Agreement (Emageon Inc)