Employment Period Termination. (a) The Executive’s employment under this Agreement shall commence on the Effective Date of this Agreement, and shall continue thereafter unabated until terminated upon the earlier to occur of the following events: (i) the close of business on the third anniversary of this Agreement (the three year term of this Agreement shall be referred to herein as the “Term”) or (ii) as otherwise provided below, provided, however, that, on the third anniversary of the date of this Agreement, and on every subsequent annual anniversary, and unless either party has given the other party written notice at least thirty (30) days prior to the such anniversary date, the term of this Agreement and the Employment Period shall be renewed for a term ending upon the later of (i) one (1) year subsequent to such date (each such one-year term shall be referred to herein as a “Renewal Term”) or (ii) the close of business on the third anniversary of a Change of Control (as defined herein) (the “Change of Control Period”), if a Change of Control occurs, unless sooner terminated as provided herein. For the purposes of this Agreement, the Term and each Renewal Term (and continued employment through the Change of Control Period) shall collectively be referred to as the “Employment Period.”
Appears in 1 contract
Samples: Employment Agreement (Avantair, Inc)
Employment Period Termination. (a) The Executive’s employment under this Agreement shall commence on the Effective Date of this Agreement, and shall continue thereafter unabated until terminated upon the earlier to occur of the following events: (i) the close of business on the third (3rd) anniversary of this Agreement (with the initial three (3) year term of this Agreement shall be being referred to herein as the “Initial Term”) or (ii) otherwise as otherwise provided below, provided, however, that, on the third anniversary of the date of this Agreement, and on every subsequent annual anniversary, and unless either party has given the other party written notice at least thirty sixty (3060) days prior to the such anniversary date, the term of this Agreement and the Employment Period shall be renewed for a term ending upon the later of (i) one (1) year subsequent to such date (each such one-year term shall be referred to herein as a “Renewal Term”) or (ii) the close of business on the third anniversary of a Change of Control (as defined herein) (the “Change of Control Period”), if a Change of Control occurs, unless sooner terminated as provided herein. For the purposes of this Agreement, the Initial Term and each Renewal Term (and continued employment through the Change of Control Period) shall collectively be referred to as the “Employment Period”.”
(i) Notwithstanding the provisions of Section 4(a) above, the Executive may terminate the employment relationship at any time for any reason by giving the Company written notice at least thirty (30) days prior to the effective date of termination. Unless otherwise provided herein, all compensation and benefits paid by the Company to the Executive shall cease upon his last day of employment; provided, however, that if the Company terminates Executive’s employment for any reason other than for Cause (as defined below) or if the Executive
Appears in 1 contract
Samples: Employment Agreement (Spectrum Sciences & Software Holdings Corp)
Employment Period Termination. (a) The Executive’s employment under this Agreement shall commence on the Effective Date of this Agreement___, 2005 and shall continue thereafter unabated until terminated upon the earlier to occur of the following events: (i) the close of business on the third (3rd) anniversary of this Agreement (with the initial three (3) year term of this Agreement shall be being referred to herein as the “Initial Term”) or (ii) otherwise as otherwise provided below, provided, however, that, on the third anniversary of the date of this Agreement, and on every subsequent annual anniversary, and unless either party has given the other party written notice at least thirty sixty (3060) days prior to the such anniversary date, the term of this Agreement and the Employment Period shall be renewed for a term ending upon the later of (i) one (1) year subsequent to such date (each such one-year term shall be referred to herein as a “Renewal Term”) or (ii) the close of business on the third anniversary of a Change of Control (as defined herein) (the “Change of Control Period”), if a Change of Control occurs, unless sooner terminated as provided herein. For the purposes of this Agreement, the Initial Term and each Renewal Term (and continued employment through the Change of Control Period) shall collectively be referred to as the “Employment Period”.”
(i) Notwithstanding the provisions of Section 4(a) above, the Executive may terminate the employment relationship at any time for any reason by giving the Company written notice at least thirty (30) days prior to the effective date of termination. Unless otherwise provided herein, all compensation and benefits paid by the Company to the Executive shall cease upon his last day of employment; provided, however, that if the Company terminates Executive’s employment for any reason other than for Cause (as defined below) or if the Executive
Appears in 1 contract
Samples: Merger Agreement (Spectrum Sciences & Software Holdings Corp)
Employment Period Termination. (a) The Executive’s employment under this Agreement shall commence on the Effective Date of this Agreement, and shall continue thereafter unabated until terminated upon the earlier to occur of any of the following events: events (the “Employment Period”): (i) the close of business on the third anniversary of this Agreement (the three year term of this Agreement shall be referred to herein as the “Term”) or Agreement; (ii) termination by the Executive for Good Reason (as otherwise provided defined below); (iii) termination by the Executive Without Good Reason (as defined below); (iv) termination by the Company for Cause (as defined below); (v) termination by the Company Without Cause (as defined below); (vi) Executive’s Disability (as defined below); or, (vii) Executive’s Death (as defined below); provided, however, that, if Executive is still employed by the Company on the third anniversary of the date of this Agreement, and if the Executive is still employed by the Company on every any subsequent annual anniversary, and unless either party has given the other party written notice of their desire to allow the Agreement to expire pursuant to its terms at least thirty ninety (3090) days prior to the such anniversary date, or either party has provided notice of termination of employment for any reason, the term of this Agreement Executive and the Company hereby agree to extend the Employment Period shall be renewed for a term ending upon the later of (i) one either (1) one year subsequent to such date anniversary if no Change of Control (each such one-year term shall be referred to herein as a defined below) has occurred (the “Renewal TermEmployment Period”) ); or (ii2) until the close of business on the third anniversary of a Change of Control (as defined herein) (the “Change of Control Period”), if a Change of Control occurs, ; unless sooner terminated as provided herein. For the purposes of this Agreement, the Term and each Renewal Term (and continued employment through Employment Period or the Change of Control PeriodPeriod are terminated earlier for any of the following reasons: (A) shall collectively be referred to as by the “Employment PeriodExecutive for Good Reason; (B) by the Executive Without Good Reason; (C) by the Company for Cause; (D) by the Company Without Cause; (E) Executive’s Disability; or, (F) Executive’s Death.”
Appears in 1 contract
Samples: Employment Agreement (Avantair, Inc)