Employees/Severance Sample Clauses

Employees/Severance. At or immediately prior to the Closing, Newco shall offer employment to substantially all of the store-level employees in those Best Stores that Newco intends to operate for a period of time following the Closing, at substantially the same wage rate, at substantially the same position and location and on other terms and conditions determined solely by Newco in its discretion; it being understood and agreed that Newco shall be under no obligation to offer employment to those employees in the 81 Best Stores that are the subject of the Initial Agreement. Without limiting the foregoing, Newco shall have no obligation of any nature to retain or employ any such employees for any specified period of time, or to maintain with a specified wage, salary or benefit package with respect to such employees; it hereby being understood and agreed that the duration of any such employment by Newco and the amount of any wage, salary and benefit package associated with any such employment shall be determined from time to time by Newco in its sole and absolute discretion. Newco shall advise any such employees that they are no longer employees of Best, and that Newco is neither assuming nor agreeing to bear responsibility for any Best benefit, wages or severance liabilities. Best and Newco agree that Newco is not a successor employer to Best. Best shall be responsible for all liabilities, obligations and expenses relating to employees or former employees of Best (the "Best Employees") with respect to their employment by Best, including, but not limited to, liabilities and obligations (i) for compensation accrued on or prior to the Closing, (ii) arising under any employee benefit plan, program or arrangement sponsored, maintained or contributed to by Best, whether accrued before, on or after the Closing, and/or (iii) incurred as a result of or otherwise attributable directly or indirectly to the termination of employment of any Best Employees by Best. Newco shall not have any liabilities or obligations with respect to such liabilities, obligations and expenses relating to the Best Employees, and Best hereby indemnifies and holds Newco, SPE and SBA harmless in respect of any such claims, liabilities or obligations. Newco shall work with Best to determine which of Best's non store-level employees shall be employed by Newco on terms mutually acceptable to Newco and the affected employees.
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Employees/Severance. (a) From the date hereof -------------------- through the Closing Date, the Company shall, and Seller shall cause the Company to, employ or retain independent contractors sufficient to conduct the business of the Company in the ordinary course.
Employees/Severance. Employer will provide Employee with the -------------------- following:

Related to Employees/Severance

  • Bonus Severance A single, lump sum payment equal to 100% of the Executive’s target annual bonus as in effect for the fiscal year in which the Qualifying CIC Termination occurs, less applicable withholdings.

  • Termination of Employment and Severance Benefits The Executive’s employment hereunder shall terminate under the following circumstances:

  • Exclusive Severance Benefits The Severance Benefits payable under Section 6.4(a) or the Change of Control Benefits payable under Section 6.4(b), if they become applicable under the terms of this Agreement, will be in lieu of any other severance or similar benefits that would otherwise be payable under any other agreement, plan, program or policy of the Company.

  • Severance Pay In the event that your employment is terminated by the Company, except for “Cause” as defined below, you will be eligible to receive the following:

  • Termination of Employment Severance Your immediate supervisor or the Company's Board of Directors may terminate your employment, with or without cause, at any time by giving you written notice of your termination, such termination of employment to be effective on the date specified in the notice. You also may terminate your employment with the Company at any time. The effective date of termination (the "Effective Date") shall be the last day of your employment with the Company, as specified in a notice by you, or if you are terminated by the Company, the date that is specified by the Company in its notice to you. The following subsections set forth your rights to severance in the event of the termination of your employment in certain circumstances by either the Company or you. Section 5 also sets forth certain restrictions on your activities if your employment with the Company is terminated, whether by the Company or you. That section shall survive any termination of this Agreement or your employment with the Company.

  • COBRA Severance As an additional Severance Benefit, the Company will continue to pay the cost of your health care coverage in effect at the time of your Separation from Service for a maximum of twelve (12) months, either under the Company’s regular health plan (if permitted), or by paying your COBRA premiums (the “COBRA Severance”). The Company’s obligation to pay the COBRA Severance on your behalf will cease if you obtain health care coverage from another source (e.g., a new employer or spouse’s benefit plan), unless otherwise prohibited by applicable law. You must notify the Company within two (2) weeks if you obtain coverage from a new source. This payment of COBRA Severance by the Company would not expand or extend the maximum period of COBRA coverage to which you would otherwise be entitled under applicable law. Notwithstanding the above, if the Company determines in its sole discretion that it cannot provide the foregoing COBRA Severance without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company shall in lieu thereof provide to you a taxable monthly payment in an amount equal to the monthly COBRA premium that you would be required to pay to continue your group health coverage in effect on the date of your termination (which amount shall be based on the premium for the first month of COBRA coverage), which payments shall be made on the last day of each month regardless of whether you elect COBRA continuation coverage and shall end on the earlier of (x) the date upon which you obtain other coverage or (y) the last day of the twelfth (12th) calendar month following your Separation from Service date.

  • Termination of Employment with Severance Benefits (a) The Executive shall be entitled to the severance benefits described in section 9(b) in the event that:

  • Other Severance Benefits Executive hereby agrees that in consideration for the payments to be received under Section 7(b) of this Agreement, Executive waives any and all rights to any payments or benefits under any severance plans or arrangements of the Company or their respective affiliates that specifically provide for severance payments, other than the Change in Control Severance Agreement between the Company and Executive (the “Change in Control Severance Agreement”); provided that any payments payable to Executive under Section 7(b) hereof shall be offset by any payments payable under the Change in Control Severance Agreement.

  • Severance Payments; Salary and Benefits The Company agrees to provide Executive with the severance payments and benefits described in Section 4(b) [and Section 4(c)] of the Employment Agreement, payable at the times set forth in, and subject to the terms and conditions of, the Employment Agreement. In addition, to the extent not already paid, and subject to the terms and conditions of the Employment Agreement, the Company shall pay or provide to Executive all other payments or benefits described in Section 3(c) of the Employment Agreement, subject to and in accordance with the terms thereof.

  • Severance Compensation upon Termination of Employment If the Company shall terminate the Executive’s employment other than pursuant to Section 5(a), (b) or (c) or if the Executive shall terminate his employment for Good Reason, then the Company shall pay to the Executive as severance pay in a lump sum, in cash, on the fifth day following the Date of Termination, an amount equal to three (3) times the average of the aggregate annual compensation paid to the Executive during the three (3) fiscal years of the Company immediately preceding the Change of Control by the Company subject to United States income taxes (or, such fewer number of fiscal years if the Executive has not been employed by the Company during each of the preceding three (3) fiscal years).

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