Common use of Employment Term and Capacity after Change of Control Clause in Contracts

Employment Term and Capacity after Change of Control. (a) If a Change of Control occurs on or before October 31, 2001, then the Employee's employment term (the "Employment Term") shall continue through the second anniversary of the Change of Control, subject to any earlier termination of Employee's status as an employee pursuant to this Agreement.

Employment Term and Capacity after Change of Control. (a) If a Change of Control occurs on or before October 31, 20012006, then the Employee's employment term (the "Employment Term") shall continue through the later of (i) the second anniversary of the Change of ControlControl or (ii) October 31, 2006, subject to any earlier termination of Employee's status as an employee pursuant to this Agreement.