Common use of Non-Change of Control Severance Benefit Clause in Contracts

Non-Change of Control Severance Benefit. (a) Subject to (i) the Executive’s timely execution and filing of a Release in accordance with Section 19, (ii), the expiration of any applicable waiting periods contained herein, and (iii) the following provisions of this Section, the Employing Companies shall provide the Executive with the payments and benefits set forth in this Section, if during the Term and before the occurrence of a Change of Control, either (1) the Employing Companies Terminate the Executive’s Employment (other than a termination for Unacceptable Performance, Disability, or death pursuant to Section 10), or (2) the Executive voluntarily Terminates his Employment for Good Reason pursuant to Section 11. Notwithstanding the preceding provisions of this Subsection, the Executive shall not be entitled to benefits pursuant to this Section if he is entitled to benefits pursuant to Section 8. Any amount payable to the Executive pursuant to this Section is in addition to amounts already owed to the Executive by the Employing Companies and is in consideration of the covenants set forth in this Agreement and/or the Release.

Appears in 2 contracts

Samples: Employment Agreement (Old National Bancorp /In/), Employment Agreement (Old National Bancorp /In/)

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Non-Change of Control Severance Benefit. (a) Subject to (i) the Executive’s 's timely execution and filing of a Release in accordance with Section 1917, (ii), ) the expiration of any applicable waiting periods contained herein, and (iii) the following provisions of this Section, the Employing Companies Companies' shall provide the Executive with the payments and benefits set forth in this Section, if during the Term and before the occurrence of a Change of Control, either (1i) the Employing Companies Terminate the Executive’s 's Employment (other than a termination for Unacceptable Performance, Disability, or death pursuant to Section 10)8), or (2ii) the Executive voluntarily Terminates his Employment for Good Reason pursuant to Section 119. Notwithstanding the preceding provisions of this Subsection, the Executive shall not be entitled to benefits pursuant to this Section Section, if he is entitled to benefits pursuant to Section 86. Any amount payable to the Executive pursuant to this Section is in addition to amounts already owed to the Executive him by the Employing Companies and is in consideration of the covenants set forth in this Agreement and/or the Release.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Monroe Bancorp)

Non-Change of Control Severance Benefit. (a) Subject to (i) the Executive’s timely execution and filing of a Release in accordance with Section 1917, (ii), ) the expiration of any applicable waiting periods contained herein, and (iii) the following provisions of this Section, the Employing Companies Companies’ shall provide the Executive with the payments and benefits set forth in this Section, if during the Term and before the occurrence of a Change of Control, either (1i) the Employing Companies Terminate the Executive’s Employment (other than a termination for Unacceptable Performance, Disability, or death pursuant to Section 10)8), or (2ii) the Executive voluntarily Terminates his Employment for Good Reason pursuant to Section 119. Notwithstanding the preceding provisions of this Subsection, the Executive shall not be entitled to benefits pursuant to this Section Section, if he is entitled to benefits pursuant to Section 86. Any amount payable to the Executive pursuant to this Section is in addition to amounts already owed to the Executive him by the Employing Companies and is in consideration of the covenants set forth in this Agreement and/or the Release.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Old National Bancorp /In/)

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Non-Change of Control Severance Benefit. (a) Subject to (i) the Executive’s 's timely execution and filing of a Release in accordance with Section 1917, (ii), the expiration of any applicable waiting periods contained hereinsuch Release having become effective pursuant to its terms, and (iii) the following provisions of this Section, the Employing Companies Bank shall pay and provide to the Executive with the payments and benefits set forth specified in this SectionSubsections (b) and (c), if during the Term and before the occurrence of a Change of Control, either (1) the Employing Companies Terminate Bank Terminates the Executive’s 's Employment (other than a termination for Unacceptable PerformanceCause, Disabilitydeath, or death Disability pursuant to Section 10)8), or (2) the Executive voluntarily Terminates his Employment for Good Reason pursuant to Section 119. Notwithstanding the preceding provisions of this Subsection, the Executive shall not be entitled to benefits pursuant to this Section if he is entitled to benefits pursuant to Section 87. Any amount payable to the Executive pursuant to this Section is in addition to amounts already owed to the Executive by the Employing Companies Bank and is in consideration of the covenants set forth in this Agreement and/or the Release. Failure to renew this Agreement pursuant to Section 2 hereof shall not constitute Termination of Employment.

Appears in 1 contract

Samples: Employment Agreement (Bear State Financial, Inc.)

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