Effectiveness of Agreement; Term. (a) The term of this Agreement shall commence on the date that Noble completes a Qualified IPO, and shall end on the first anniversary of a Change in Control. For purposes of this Section 2, a “Qualified IPO” shall have the meaning ascribed to such term in the Fifth Amended and Restated Limited Liability Company Operating Agreement, dated as of August 15, 2008, of Noble Environmental Power, LLC, as amended from time to time (the “Fifth Amended and Restated LLC Agreement”). (b) Notwithstanding anything in this Agreement to the contrary, the Board shall have the authority to amend or terminate this Agreement, provided that such amendment or termination shall not become effective until one year after the Board provides Executive with written notice of such amendment or termination. For the avoidance of doubt, such amendment or termination shall not apply to any Change in Control occurring during the one-year period prior to the effectiveness of such amendment or termination.
Appears in 4 contracts
Samples: Change in Control Severance Agreement (Noble Environmental Power LLC), Change in Control Severance Agreement (Noble Environmental Power LLC), Change in Control Severance Agreement (Noble Environmental Power LLC)
Effectiveness of Agreement; Term. (a) The term of this Agreement shall commence on the date that Noble completes a Qualified IPO, and shall end on the first anniversary of a Change in Control. For purposes of this Section 2, a “Qualified IPO” shall have the meaning ascribed to such term in the Fifth Third Amended and Restated Limited Liability Company Operating Agreement, dated as of August 15March 7, 2008, of Noble Environmental Power, LLC, as amended from time to time (the “Fifth Third Amended and Restated LLC Agreement”).
(b) Notwithstanding anything in this Agreement to the contrary, the Board shall have the authority to amend or terminate this Agreement, provided that such amendment or termination shall not become effective until one year after the Board provides Executive with written notice of such amendment or termination. For the avoidance of doubt, such amendment or termination shall not apply to any Change in Control occurring during the one-year period prior to the effectiveness of such amendment or termination.
Appears in 1 contract
Samples: Change in Control Severance Agreement (Noble Environmental Power LLC)
Effectiveness of Agreement; Term. (a) The term of this Agreement shall commence on the date that Noble completes a Qualified IPO, and shall end on the first anniversary of a Change in Control. For purposes of this Section 2, a “Qualified IPO” shall have the meaning ascribed to such term in the Fifth Amended and Restated Limited Liability Company Operating Agreement, dated as of August 15, 2008, 2008 of Noble Environmental Power, LLC, as amended from time to time (the “Fifth Amended and Restated LLC Agreement”).
(b) Notwithstanding anything in this Agreement to the contrary, the Board shall have the authority to amend or terminate this Agreement, provided that such amendment or termination shall not become effective until one year after the Board provides Executive with written notice of such amendment or termination. For the avoidance of doubt, such amendment or termination shall not apply to any Change in Control occurring during the one-year period prior to the effectiveness of such amendment or termination.
Appears in 1 contract
Samples: Change in Control Severance Agreement (Noble Environmental Power LLC)
Effectiveness of Agreement; Term. (a) The term of this Agreement shall commence on the date that Noble completes a Qualified IPO, and shall end on the first anniversary of a Change in Control. For purposes of this Section 2, a “Qualified IPO” shall have the meaning ascribed to such term in the Fifth Third Amended and Restated Limited Liability Company Operating Agreement, dated as of August 15March 7, 2008, of Noble Environmental Power, LLC, as amended from time to time (the “Fifth Third Amended and Restated LLC Agreement”).
(b) Notwithstanding anything in this Agreement to the contrary, the Board shall have the authority to amend or terminate this Agreement, provided that such amendment or termination shall not become effective until one year after the Board provides Executive with written notice of such amendment or termination. For the avoidance of doubt, such amendment or termination shall not apply to any Change in Control occurring during the one-year period prior to the effectiveness of such amendment or termination.
Appears in 1 contract
Samples: Change in Control Severance Agreement (Noble Environmental Power LLC)
Effectiveness of Agreement; Term. (a) The term Term of this Agreement shall commence on the date that Noble completes a Qualified IPO, and shall end on the first anniversary of a Change in Control. For purposes of this Section 2, a “Qualified IPO” shall have the meaning ascribed to such term in the Fifth Amended and Restated Limited Liability Company Operating Agreement, dated as of August 15, 2008, of Noble Environmental Power, LLC, as amended from time to time (the “Fifth Amended and Restated LLC Agreement”).
(b) Notwithstanding anything in this Agreement to the contrary, the Board shall have the authority to amend or terminate this Agreement, provided that such amendment or termination shall not become effective until one year after the Board provides Executive with written notice of such amendment or termination. For the avoidance of doubt, such amendment or termination shall not apply to any Change in Control occurring during the one-year period prior to the effectiveness of such amendment or termination.
Appears in 1 contract
Samples: Change in Control Severance Agreement (Noble Environmental Power LLC)