Healthcare Continuation Coverage. If Executive elects to receive continued healthcare coverage pursuant to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), the Company shall directly pay, or reimburse Executive for, the premiums for Executive and Executive’s covered dependents at the same levels in effect on the Termination Date during the period commencing on the Termination Date and ending on the earlier to occur of (i) the nine month anniversary of the Termination Date and (ii) the date Executive becomes eligible for comparable coverage under another employer’s plans, provided, however that if (1) any plan pursuant to which such benefits are provided is not, or ceases prior to the expiration of the continuation coverage period to be, exempt from the application of Section 409A under Treasury Regulation Section 1.409A-1(a)(5), (2) the Company is otherwise unable to continue to cover Executive or Executive’s dependents under its group health plans, or (3) the Company cannot provide the benefit without violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then, in any such case, an amount equal to each remaining Company subsidy shall thereafter be paid to Executive in substantially equal monthly installments over the remaining continuation coverage period. After the Company ceases to pay premiums pursuant to the preceding sentence, Executive may, if eligible, elect to continue healthcare coverage at Executive’s expense in accordance with the provisions of COBRA. Executive acknowledges that Executive shall be solely responsible for all matters relating to Executive’s continuation of coverage pursuant to COBRA, including, without limitation, Executive’s election of such coverage and Executive’s timely payment of premiums.
Appears in 2 contracts
Samples: Separation Agreement (Unity Biotechnology, Inc.), Transition and Separation Agreement (Unity Biotechnology, Inc.)
Healthcare Continuation Coverage. If Executive is eligible for and timely elects to receive continued healthcare coverage pursuant to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), the Company shall directly pay, or reimburse Executive for, pay the cost of monthly premiums for Executive and Executive’s covered dependents at dependents, if any, for coverage under the same levels in effect on the Termination Date Company’s group health plans during the period commencing beginning on the Termination Separation Date and ending on the earlier to occur of (i) the nine six-month anniversary of the Termination Separation Date and or (ii) the date Executive becomes eligible for comparable coverage under another employer’s plansgroup health plan(s), provided, however however, that if (1) any plan pursuant to which such benefits are provided is not, or ceases prior to the expiration of the continuation coverage period to be, exempt from the application of Section 409A of the Code under Treasury Regulation Section 1.409A-1(a)(5), (2) the Company is otherwise unable to continue to cover Executive or Executive’s dependents under its group health plans, or (3) the Company cannot provide the benefit without violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then, in any such case, an amount equal to each remaining Company subsidy premium shall thereafter be paid to Executive in substantially equal monthly installments over the remaining continuation coverage periodperiod the Company would otherwise pay the premiums. After the Company ceases to pay premiums pursuant to the preceding sentence, Executive may, if eligible, elect to continue healthcare coverage at Executive’s expense in accordance with the provisions of COBRA. Executive acknowledges that Executive he shall be solely responsible for all matters relating to Executive’s continuation of coverage pursuant to COBRA, including, without limitation, Executive’s election of such coverage and Executive’s his timely payment of premiums.
Appears in 1 contract
Samples: Separation Agreement (Sienna Biopharmaceuticals, Inc.)
Healthcare Continuation Coverage. If Executive timely elects to receive continued healthcare coverage pursuant to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), the Company shall directly pay, or reimburse Executive for, the COBRA premiums for Executive and Executive’s covered dependents at the same levels in effect on from the Termination Date during (or such earlier date determined in accordance with Section 3(d)) through the period commencing on the Termination Date and ending on the earlier to occur earliest of (i) the nine month twelve (12)-month anniversary of the Termination Date and or, in the event the Termination Date occurs during a Change in Control
Exhibit 10.1 Period, the eighteen (18)-month anniversary of the Termination Date (ii) the date Executive becomes and Executive’s covered dependents are no longer eligible for comparable coverage under COBRA or (iii) the date on which Executive and/or Executive’s covered dependents become eligible for healthcare coverage under another employer’s plans, provided, however that if (1) any plan pursuant to which such benefits are provided is not, or ceases prior to the expiration of the continuation coverage period to be, exempt from the application of Section 409A under Treasury Regulation Section 1.409A-1(a)(5plan(s), (2) the Company is otherwise unable to continue to cover Executive or Executive’s dependents under its group health plans, or (3) the Company cannot provide the benefit without violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then, in any such case, an amount equal to each remaining Company subsidy shall thereafter be paid to Executive in substantially equal monthly installments over the remaining continuation coverage period. After the Company ceases to pay premiums pursuant to the preceding sentence, Executive may, if eligible, elect to continue healthcare coverage at Executive’s expense in accordance with the provisions of COBRA. Executive acknowledges that Executive he shall be solely responsible for all matters relating to Executive’s continuation of coverage pursuant to COBRA, including, without limitation, Executive’s election of such coverage and Executive’s his timely payment of premiums. Notwithstanding the foregoing, (i) if any plan pursuant to which such benefits are provided is not, or ceases prior to the expiration of the period of continuation coverage to be, exempt from the application of Section 409A of the Code under Treasury Regulation Section 1.409A-1(a)(5), or (ii) the Company is otherwise unable to continue to cover Executive under its group health plans without penalty under applicable law (including without limitation, Section 2716 of the Public Health Service Act), then, in either case, an amount equal to each remaining Company subsidy shall thereafter be paid to Executive in substantially equal monthly installments. After the Company ceases to pay premiums pursuant to this Section 5(c), Executive may, if eligible, elect to continue healthcare coverage at Executive’s expense in accordance the provisions of COBRA.
Appears in 1 contract
Samples: Transition and Separation Agreement (Aimmune Therapeutics, Inc.)
Healthcare Continuation Coverage. If Executive elects to receive continued healthcare coverage pursuant to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), the Company shall directly pay, or reimburse Executive for, the premiums premium for Executive and Executive’s covered dependents at the same levels in effect on the Termination Date during the period commencing on the Termination Separation Date and ending on the earlier to occur of (i) the nine month first anniversary of the Termination Separation Date and (ii) the date Executive becomes and Executive’s covered dependents, if any, become eligible for comparable healthcare coverage under another employer’s plansplan(s). Notwithstanding the foregoing, provided, however that if (1) any plan pursuant to which such benefits are provided is not, or ceases prior to the expiration of the period of continuation coverage period to be, exempt from the application of Section 409A under Treasury Regulation Section 1.409A-1(a)(5), or (2) the Company is otherwise unable to continue to cover Executive or Executive’s dependents under its group health plans, or (3) the Company cannot provide the benefit plans without violating penalty under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then, in any such either case, an amount equal to each remaining Company subsidy shall thereafter be paid to Executive in substantially equal monthly installments over the remaining continuation coverage periodinstallments. After the Company ceases to pay premiums pursuant to the preceding sentence, Executive may, if eligible, elect to continue healthcare coverage at Executive’s expense in accordance with the provisions of COBRA. Executive acknowledges that Executive shall be solely responsible for all matters relating to Executive’s continuation of coverage pursuant to COBRA, including, without limitation, Executive’s election of such coverage and Executive’s timely payment of premiums.
Appears in 1 contract