Common use of Obligations of the Company on Termination Clause in Contracts

Obligations of the Company on Termination. (a) If the Executive’s employment is terminated (i) due to the Company failing to renew this Agreement in accordance with its terms at least sixty (60) days prior to the End of the Term; (ii) by the Company for any reason other than the Executive’s death, Disability or Cause, or (iii) due to Executive resigning because the Company materially fails to comply with the terms and conditions of this Agreement after notice from Executive and a reasonable opportunity to cure such matter, the Company shall, upon execution by Executive of a general release, pay to the Executive within 10 days after the Date of Termination, a lump-sum cash amount equal to the sum of any portion of the Salary and any other compensation earned for the period up to the Date of Termination that has not yet been paid, the cash equivalent of any accrued but unused vacation, and one year’s worth of Salary. Further, (x) all unvested Options granted to Executive by SK HoldCo that are scheduled to vest in the year after the Date of Termination, will vest prorate for that year, (y) the MIP Bonus payment for the year in which the Date of Termination occurs, will be payable to Executive when and as paid to other Company employees, and will be calculated as if Executive remained employed with the Company the entire MIP year (i.e., not prorated for length of employment in that MIP year), and (z) provided Executive elects continued health insurance coverage through COBRA, the Company will pay the monthly COBRA contributions for Executive and his family for health insurance coverage, as may be amended from time to time, (less an amount equal to the premium contribution paid by active Company employees) during such one year period; provided, however, that if at any time Executive becomes eligible for health insurance through subsequent employment or otherwise, the Company’s health benefit obligations shall immediately cease, and the Company shall have no further obligation to make COBRA contributions on Executive’s behalf.

Appears in 1 contract

Samples: Employment Agreement (Safety-Kleen Holdco Inc)

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Obligations of the Company on Termination. (a) If the Executive’s employment is terminated (i) due to the Company failing to renew this Agreement in accordance with its terms at least sixty (60) days prior to the End of the Term; (ii) by the Company for any reason other than the Executive’s death, Disability or Cause, or (iii) due to Executive resigning because the Company materially fails to comply with the terms and conditions of this Agreement after notice from Executive and a reasonable opportunity to cure such matter, the Company shall, upon execution by Executive of a general releaserelease (which preserves Executive’s right to indemnification by the Company and SK HoldCo for claims made against Executive), pay to the Executive within 10 days after the Date of Termination, a lump-sum cash amount equal to the sum of any portion of the Salary and any other compensation earned for the period up to the Date of Termination that has not yet been paid, the cash equivalent of any accrued but unused vacation, and one yeartwelve month’s worth of Salary. Further, (x) all unvested Options granted to Executive by SK HoldCo that are scheduled to vest in the year after the Date of Termination, will vest prorate for that year, (y) the MIP Bonus payment for the year in which the Date of Termination occurs, will be payable to Executive when and as paid to other Company employees, and will be calculated as if Executive remained employed with the Company the entire MIP year (i.e., not prorated for length of employment in that MIP year), and (z) provided Executive elects continued health insurance coverage through COBRA, the Company will pay the monthly COBRA contributions for Executive and his family for health insurance coverage, as may be amended from time to time, (less an amount equal to the premium contribution paid by active Company employees) during such one year twelve month period; provided, however, that if at any time Executive becomes eligible for health insurance through subsequent employment or otherwise, the Company’s health benefit obligations shall immediately cease, and the Company shall have no further obligation to make COBRA contributions on Executive’s behalf.

Appears in 1 contract

Samples: Employment Agreement (Safety-Kleen Holdco Inc)

Obligations of the Company on Termination. (a) If the Executive’s employment is terminated (i) due to the Company failing to renew this Agreement in accordance with its terms at least sixty (60) days prior to the End of the Term; (ii) by the Company for any reason other than the Executive’s death, Disability or Cause, or (iii) due to Executive resigning because the Company materially fails to comply with the terms and conditions of this Agreement after notice from Executive and a reasonable opportunity to cure such matter, the Company shall, upon execution by Executive of a the Company’s settlement agreement and general release, pay to the Executive within 10 days after the Date of Termination, a lump-sum cash amount equal to the sum of any portion of the Salary and any other compensation earned for the period up to the Date of Termination that has not yet been paid, the cash equivalent of any accrued but unused vacation, and one year’s worth of Salary. Further, (xa) all unvested Options granted to Executive by SK HoldCo Holdco that are scheduled to vest in the year after the Date of Termination, will vest prorate prorata for that year, (yb) the MIP Management Incentive Plan (“MIP”) Bonus payment for the year in which the Date of Termination occurs, will be payable to Executive when and as paid to other Company employees, and will be calculated as if Executive remained employed with the Company the entire MIP year (i.e., not prorated for length of employment in that MIP year), and (zc) provided Executive elects continued health insurance coverage through COBRA, the Company will pay the Executive’s monthly COBRA contributions for Executive and his family for health insurance coverage, as may be amended from time to time, (less an amount equal to the premium contribution paid by active Company employees) during such one year period; provided, however, that if at any time Executive becomes eligible for health insurance through subsequent employment or otherwise, the Company’s health benefit obligations shall immediately cease, and the Company shall have no further obligation to make COBRA contributions on Executive’s behalf.

Appears in 1 contract

Samples: Employment Agreement (Safety-Kleen Holdco Inc)

Obligations of the Company on Termination. (a) If the Executive’s employment is terminated (i) due to the Company failing to renew this Agreement in accordance with its terms at least sixty (60) days prior to the End of the Term; (ii) by the Company for any reason other than the Executive’s death, Disability or Cause, or (iii) due to Executive resigning because the Company materially fails to comply with the terms and conditions of this Agreement after notice from Executive and a reasonable opportunity to cure such matter, the Company shall, upon execution by Executive of a the Company’s settlement agreement and general release, pay to the Executive within 10 days after the Date of Termination, a lump-sum cash amount equal to the sum of any portion of the Salary and any other compensation earned for the period up to the Date of Termination that has not yet been paid, the cash equivalent of any accrued but unused vacation, and one year’s worth of Salary. Further, (xa) all unvested Options granted to Executive by SK HoldCo Holdco that are scheduled to vest in the year 12 months after the Date of Termination, will vest prorate for that yearprorata based upon the number of days from the last vesting date to the Termination Date, divided by 365, (yb) the MIP Management Incentive Plan (“MIP”) Bonus payment for the year in which the Date of Termination occurs, will be payable to Executive when and as paid to other Company employees, and will be calculated as if Executive remained employed with the Company the entire MIP year (i.e., not prorated for length of employment in that MIP year), and (zc) provided Executive elects continued health insurance coverage through COBRA, the Company will pay the Executive’s monthly COBRA contributions for Executive and his family for health insurance coverage, as may be amended from time to time, (less an amount equal to the premium contribution paid by active Company employees) during such one year period; provided, however, that if at any time Executive becomes eligible for health insurance through subsequent employment or otherwise, the Company’s health benefit obligations shall immediately cease, and the Company shall have no further obligation to make COBRA contributions on Executive’s behalf.

Appears in 1 contract

Samples: Employment Agreement (Safety-Kleen Holdco Inc)

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Obligations of the Company on Termination. (a) If the Executive’s employment is terminated (i) due to the Company failing to renew this Agreement in accordance with its terms at least sixty (60) days prior to the End of the Term; (ii) by the Company for any reason other than the Executive’s death, Disability or Cause, or (iii) due to Executive resigning because the Company materially fails to comply with the terms and conditions of this Agreement after notice from Executive and a reasonable opportunity to cure such matter, the Company shall, upon execution by Executive of a general release, pay to the Executive within 10 days after the Date of Termination, a lump-sum cash amount equal to the sum of any portion of the Salary and any other compensation earned for the period up to the Date of Termination that has not yet been paid, the cash equivalent of any accrued but unused vacation, and one year’s worth of Salary. Further, (x) all unvested Options granted to Executive by SK HoldCo that are scheduled to vest in the year after the Date of Termination, will vest prorate for that year, (y) the MIP Bonus payment for the year in which the Date of Termination occurs, will be payable to Executive when and as paid to other Company employees, and will be calculated as if Executive remained employed with the Company the entire MIP year (i.e., not prorated for length of employment in that MIP year), and (z) provided Executive elects continued health insurance coverage through COBRA, the Company will pay the monthly COBRA contributions for Executive and his family for health insurance coverage, as may be amended from time to time, (less an amount equal to the premium contribution paid by active Company employees) during such one year period; provided, however, that if at any time Executive becomes eligible for health insurance through subsequent employment or otherwise, the Company’s health benefit obligations shall immediately cease, and the Company shall have no further obligation to make COBRA contributions on Executive’s behalf.

Appears in 1 contract

Samples: Employment Agreement (Safety-Kleen Holdco Inc)

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