If upon Death. If the Executive’s employment is terminated by reason of the Executive’s death during the Employment Period, this Agreement shall terminate without further obligation to the Executive’s legal representatives under this Agreement, other than the obligation immediately to pay the Executive’s estate or beneficiary in cash all Accrued Obligations. Notwithstanding anything in this Agreement to the contrary, the Executive’s family shall be entitled to receive benefits at least equal to the most favorable benefits provided under Plans of the Company to the surviving families of senior executives of the Company, but in no event shall such Plans provide benefits which in each case are less favorable, in the aggregate, than the most favorable of those provided by the Company to the Executive under such Plans in effect at any time during the 90-day period immediately before the Effective Date.
If upon Death. If the Executive's employment is terminated by reason of the Executive's death during the Employment Period, this Agreement shall terminate without further obligation to the Executive's legal representatives under this Agreement, other than:
(a) the obligation immediately to pay the Executive's estate or beneficiary in cash all Accrued Obligations (as defined in Section 5.4), and
(b) the rights of the Executive's legal representatives to benefits under the terms of any of the Plans, Welfare Plans, and other employee benefit programs in which the Executive was participating immediately prior to the Termination Date, pursuant to Sections 3.3(c) through (e).
If upon Death. The Agreement Term and Executive's employment hereunder shall terminate automatically upon Executive's death. If Executive's employment is terminated by reason of Executive's death during the Agreement Term, the Company's obligations to Executive shall consist of: (a) the payment of the Accrued Obligations to Executive's estate or beneficiary and (b) payment in cash to Executive's estate or beneficiary of a Pro-Rata Bonus, payable as soon as practicable following Executive's death. Following Executive's termination of employment by the Company for Disability, except as set forth in this Section 4.5 and in Section 8.15, Executive shall have no further rights to any compensation or any other benefits under this Agreement.
If upon Death. If Executive's employment is terminated by reason of Executive's death during the Post-Change Employment Period, the Company's sole obligations to Executive under Articles II and IV shall be as follows:
(a) to pay Executive's estate or Beneficiary a lump-sum cash amount equal to all Accrued Obligations; and
(b) to provide Executive's estate or Beneficiary survivor and other benefits that are not less than the most favorable survivor and other benefits then available under Plans of the Company to the estates or the surviving families of peer executives of the Company or, if more favorable, those such benefits provided by the Company at any time during the 12-month period immediately preceding the Effective Date.
If upon Death. If Executive’s employment is terminated by reason of Executive’s death during the Post-Change Period, the Company’s sole obligations to Executive under Sections 2.1 and 2.2 and this Article shall be as follows:
(a) to pay Executive’s estate or Beneficiary a lump-sum cash amount equal to all Accrued Obligations; and
(b) to provide Executive’s estate or Beneficiary survivor and other benefits that are not less than the most favorable survivor and other benefits then available under Plans of the Company to the estates or the surviving families of peer executives of the Company. Such survivor benefits shall also be no less favorable, in the aggregate, than the most favorable of the survivor benefits available to Executive under such Plans in effect at any time during the 90-day period immediately preceding the Effective Date.
If upon Death. If the Executive's employment is terminated by reason of the Executive's death during the Employment Period, this Agreement shall terminate without further obligation to the Executive's legal representatives under this Agreement, other than the obligation immediately to pay the Executive's estate or beneficiary in cash all Accrued Obligations (as defined in Section 5.4(a)) and to provide the benefits as stated in Section 5.4(b). In addition, the Executive's family shall be entitled to receive death benefits at least equal to the most favorable death benefits provided under Plans and Welfare Plans of the Company to the surviving families of peer executives of the Company, but in no event shall such Plans and Welfare Plans provide benefits which in each case are less favorable, in the aggregate, than the most favorable of those provided by the Company to the Executive under such Plans in effect at any time during the 90-day period immediately before the Effective Date.
If upon Death. If Executive’s employment is terminated by reason of Executive’s death during the Employment Period, the sole obligations of the Companies to Executive under Articles III and V shall be as follows:
(a) to pay Executive’s Beneficiary, pursuant to the Company’s then effective Plans, a lump-sum cash amount equal to the Current Obligations, determined as of the date of Executive’s death, and all other Accrued Obligations in the form(s) and at the time(s) determined in accordance with the terms of the applicable Plans; and
(b) to provide Executive’s Beneficiary survivor and other benefits that are not less than the most favorable survivor and other benefits then available under Plans of the Company to the estates or the surviving families of Peer Executives. Any LTIP Bonus shall be governed according to the terms of the LTIP.
If upon Death. If Executive's employment is terminated by reason of Executive's death during the Post-Change Period, the Company's sole obligations to Executive under Sections 2.1 and 2.2 and this Article shall be as follows:
(a) to pay Executive's estate or Beneficiary a lump-sum cash amount equal to all Accrued Obligations; and
(b) to provide Executive's estate or Beneficiary survivor and other benefits that are not less than the most favorable survivor and other benefits then available under Plans of the Company to the estates or the surviving families of peer executives of the Company. Unless Executive's death occurs during a Post-Merger of Equals Period, such survivor benefits shall also be no less favorable, in the aggregate, than the most favorable of the survivor benefits available to Executive under such Plans in effect at any time during the 90-day period immediately preceding the Effective Date.
If upon Death. If the Officer's employment is terminated by reason of the Officer's death during the Employment Period, this Agreement shall terminate without further obligation to the Officer's legal representatives under this Agreement, other than the obligation immediately to pay the Officer's estate or beneficiary in cash all Accrued Obligations. Notwithstanding anything in this Agreement to the contrary, the Officer's family shall be entitled to receive benefits at least equal to the most favorable benefits provided under Plans of the Company to the surviving families of peer Officers of the Company, including retiree coverage under any Welfare Plan of the Company which provides such coverage without regard to whether the Officer had satisfied the eligibility requirements for such benefits as of the date of his or her death, but in no event shall such Plans provide benefits which in each case are less favorable, in the aggregate, than the most favorable of those provided by the Company to the Officer under such Plans in effect at any time during the 90-day period immediately before the Effective Date.
If upon Death. If Executive's employment is terminated by reason of Executive's death during the Post-Change Employment Period or Imminent Control Change Period, Section 6.2 of the Employment Agreement (Termination for Retirement, Death or Disability) shall not apply, and the Company's sole obligations to Executive under Articles II and IV shall be as follows:
(a) to pay Executive's Beneficiary or estate (i) the amount determined in accordance with Section 6.2 of the Employment Agreement (Termination for Retirement, Death or Disability) and (ii) to the extent not paid under the Employment Agreement, a lump-sum cash amount equal to all Accrued Obligations; and
(b) to provide Executive's estate or Beneficiary survivor and other benefits that are not less than the most favorable survivor and other benefits then available under Plans of the Company to the estates or the surviving families of peer executives of the Company. If the Termination Date occurred during an Imminent Control Change which had a Consummation Date which is not also a Merger of Equals or a Post-Change Employment Period other than a Post-Merger of Equals Period, such survivor benefits shall also be no less favorable, in the aggregate, than the most favorable of the survivor benefits available to Executive under such Plans in effect at any time during the go-day period immediately preceding (1) the Effective Date if such Termination Date occurred during a Post-Change Employment Period or (2) the date of the Imminent Control Change if such Termination Date occurred during an Imminent Control Change Period. The LTIP Bonus shall be governed according to the terms of the LTIP and New LTIP, as applicable.
