Involuntary Termination Following a Change in Control. If the Employee’s employment terminates as a result of Involuntary Termination that occurs on or within twelve (12) months following a Change in Control, and provided the Employee has satisfied the Release requirement provided in Section 4, then subject to the payment timing rules in Section 11(h), the Company will provide the Employee the following severance benefits:
Involuntary Termination Following a Change in Control. If within twelve (12) months following a Change in Control (i) Executive terminates his or her employment with the Company (or any parent, subsidiary or successor of the Company) for Good Reason (as defined herein) or (ii) the Company (or any parent, subsidiary or successor of the Company) terminates Executive’s employment without Cause (as defined herein), and Executive signs and does not revoke the release of claims required by Section 5, Executive will receive the following severance benefits from the Company:
Involuntary Termination Following a Change in Control. If Executive is subject to an Involuntary Termination that occurs within twelve months following a Change in Control and Executive satisfies the conditions described in Section 2(b) below, then:
Involuntary Termination Following a Change in Control. If the Employee’s employment terminates as a result of Involuntary Termination on or within twelve (12) months following a Change in Control, and provided the Employee provides a valid and effective Release of Claims not later than sixty (60) days after such termination, the Company will pay the Employee the following severance benefits: NeoPhotonics Corporation Confidential Information
Involuntary Termination Following a Change in Control. 1. If the Option is assumed by the successor corporation (or its parent) or is otherwise continued in effect pursuant to the terms of the Change in Control transaction but an Involuntary Termination of Optionee is effected within twelve (12) months following such Change in Control, then all of the Option Shares at the time subject to the Option shall automatically become Vested Shares on an accelerated basis and the Option shall immediately become exercisable for all of the Option Shares. The Option shall remain so exercisable until the earlier of (a) the Expiration Date or (b) the expiration of the one year period measured from the date of Optionee’s Involuntary Termination.
Involuntary Termination Following a Change in Control. If a Participant incurs an Involuntary Termination of Service on or prior to the second anniversary of the closing of a Change in Control, the Replacement Units will vest based on the following schedule: (i) if such Change in Control occurred on or before the first anniversary of the Grant Date, then on the effective date of the Participant’s Involuntary Termination the Participant shall vest in a portion of the Replacement Units, determined by multiplying the number of unvested Replacement Units by a fraction, the numerator of which is the number of full months elapsed from the Grant Date through the effective date of such Involuntary Termination (with any month in which at least 15 days has passed to be deemed a full month for purposes of the foregoing, and in any event not to exceed 12 months), and the denominator of which is 36, and any Replacement Units that do not vest after giving effect to the foregoing sentence shall be immediately cancelled and forfeited, and (ii) if such Change in Control occurred after the first anniversary of the Grant Date, then any Replacement Units that are unvested as of immediately prior to the Participant’s Involuntary Termination shall vest as of the effective date of such Involuntary Termination. With respect to any Replacement Units that vest as a result of the foregoing sentence, the “Vesting Date” as used in this Agreement shall mean the effective date of the Participant’s Involuntary Termination.
Involuntary Termination Following a Change in Control. If Executive’s employment is terminated by Loop Group or a successor entity without Cause or by Executive’s Resignation for Good Reason within twenty-four (24) months after a Change in Control, Executive will receive the Accrued Benefits and Other Benefits, and, in addition, Executive will be entitled to receive the following severance benefits:
Involuntary Termination Following a Change in Control. 1. If the Option is assumed by the successor corporation (or the parent thereof) or is otherwise continued in effect pursuant to the terms of the Change in Control transaction and Optionee is Involuntary Terminated within twelve months following such Change in Control, then the Option Shares at the time subject to the Option shall automatically become Vested Shares on an accelerated basis, and the Option shall immediately become exercisable for the lesser of (a) 25% of the Option Shares subject to the Option at the time of grant or (b) all of the remaining Unvested Shares. The Option shall remain so exercisable until the earlier of (i) the Expiration Date or (ii) the expiration of the one year period measured from the date of the Optionee’s Involuntary Termination.
Involuntary Termination Following a Change in Control. If a Participant incurs an Involuntary Termination of Service on or prior to the second anniversary of a Change in Control, then any Replacement PSUs that are unvested as of immediately prior to such termination shall become fully vested as of the date of such Involuntary Termination. With respect to any Replacement PSUs that vest as a result of the foregoing sentence, the “Vesting Date” as used in Section 3 of this Agreement shall mean the effective date of the Participant’s Involuntary Termination.
Involuntary Termination Following a Change in Control. If the Participant’s Service terminates as a result of Involuntary Termination Following a Change in Control, then (i) the Option, to the extent unexercised and exercisable for Vested Shares on the date on which the Participant’s Service terminated, may be exercised by the Participant (or the Participant’s guardian or legal representative) at any time prior to the expiration of ninety (90) days after the date on which the Participant’s Service terminated, but in any event no later than the Option Expiration Date, and (ii) the number of Vested Shares shall be increased as provided by the Retention and Severance Plan; provided, however, that the cumulative number of Vested Shares shall not exceed the Number of Option Shares.
