Common use of Eligibility for Change in Control Benefits Clause in Contracts

Eligibility for Change in Control Benefits. If (a) a Change in Control is consummated by June 30, 2012, or such other date as consistent with the extension of this Agreement as provided in Section 8, and (b) prior to June 30, 2012, or within twelve (12) months following such Change in Control, the Company terminates the Executive’s employment for any reason (other than Cause or the Executive’s death or disability) or the Executive resigns for Good Reason, and provided that any such termination constitutes a “separation from service” (as such term is defined in Treasury Regulation Section 1.409A-1(h), without regard to any alternative definitions thereunder, a “Separation From Service”), (each such termination event is referred to as a “Covered Termination”), the Executive will be eligible for the compensation and benefits described in Section 2. References to the Company in this Agreement shall be deemed to include any affiliate of the Company, or the acquiring, surviving or successor entity in the Change in Control or their affiliates (collectively, “Successor”), as applicable.

Eligibility for Change in Control Benefits. If (a) a Change in Control is consummated by June 30December 31, 2012, or such other date as consistent with the extension of this Agreement as provided in Section 8, and (b) prior to June 30December 31, 2012, or within twelve (12) months following such Change in Control, the Company terminates the Executive’s employment for any reason (other than Cause or the Executive’s 's death or disability) or the Executive resigns for Good Reason, and provided that any such termination constitutes a “separation from service” (as such term is defined in Treasury Regulation Section 1.409A-1(h), without regard to any alternative definitions thereunder, a “Separation From Service”), (each such termination event is referred to as a “Covered Termination”), the Executive will be eligible for the compensation and benefits described in Section 2. References to the Company in this Agreement shall be deemed to include any affiliate of the Company, or the acquiring, surviving or successor entity in the Change in Control or their affiliates (collectively, “Successor”), as applicable.

Eligibility for Change in Control Benefits. If (a) a Change in Control is consummated by June 30December 31, 2012, 2012 or such other date as consistent with the extension of this Agreement as provided in Section 8, and (b) prior to June 30December 31, 2012, 2012 or within twelve (12) months following such Change in Control, the Company terminates the Executive’s employment for any reason (other than Cause or the Executive’s 's death or disability) or the Executive resigns for Good Reason, and provided that any such termination constitutes a “separation from service” (as such term is defined in Treasury Regulation Section 1.409A-1(h), without regard to any alternative definitions thereunder, a “Separation From Service”), (each such termination event is referred to as a “Covered Termination”), the Executive will be eligible for the compensation and benefits described in Section 2. References to the Company in this Agreement shall be deemed to include any affiliate of the Company, or the acquiring, surviving or successor entity in the Change in Control or their affiliates (collectively, “Successor”), as applicable.