Other Than for Cause, Death or Disability. If, during the Employment Period, the Company terminates the Executive’s employment other than for Cause, Death or Disability or the Executive terminates employment for Good Reason:
Other Than for Cause, Death or Disability. If, during the Employment Period, the Company shall terminate the Employee’s employment other than for Cause, death or Disability:
(i) the Company shall pay to the Employee the following amounts within thirty (30) days after the Date of Termination, or with respect to the amounts set forth in Sections 4(a)(i)(B) and 4(a)(i)(C), if later, within eight (8) days after the Employee’s execution and delivery (without revocation) of a “Waiver and Release” in substantially the form attached hereto as Exhibit A (the “Release”), which Release must be delivered (and not revoked) not later than twenty-one (21) days after the Date of Termination (or such longer period of time permitted by the Company or required by applicable law, but in no event later than the latest business day that is not more than two months after the end of the calendar year in which the Date of Termination occurs) (the “Release Deadline”):
(A) a lump sum in cash equal to the sum of (1) the Employee’s Annual Base Salary and any accrued vacation pay through the Date of Termination, (2) the Employee’s Annual Bonus for the fiscal year immediately preceding the fiscal year in which the Date of Termination occurs (other than any portion of such Annual Bonus that was previously deferred, which portion shall instead be paid in accordance with the applicable deferral arrangement and any election thereunder) if such bonus has not been paid as of the Date of Termination, and (3) the Employee’s business expenses that have not been reimbursed by the Company as of the Date of Termination that were incurred by the Employee prior to the Date of Termination in accordance with the applicable Company policy, in the case of each of clauses (1) through (3), to the extent not theretofore paid (the sum of the amounts described in clauses (1) through (3) shall be hereinafter referred to as the “Accrued Obligations”); and
(B) subject to the Employee’s delivery (and non-revocation) of the Release not later than the Release Deadline, a lump sum in cash equal to 1.5 times the sum of (1) the Employee’s Annual Base Salary and (2) the Target Bonus; and
(C) subject to the Employee’s delivery (and non-revocation) of the Release not later than the Release Deadline, a lump sum in cash equal to eighteen (18) months of premiums based on the premium rate charged by the Company as in effect on the Date of Termination for the health care continuation coverage mandated by the Consolidated Omnibus Budget Reconciliation Act for the type ...
Other Than for Cause, Death or Disability. If, during the Employment Period, CCBF shall terminate Executive's employment other than for Cause, death or Disability, or Executive shall terminate his employment for Good Reason (and, in each case, other than in connection with a Change of Control), then in consideration of Executive's services rendered prior to such termination;
(i) CCBF and CCB Bank shall pay to Executive a lump sum in cash within 30 days after the Date of Termination the aggregate of the following amounts:
A. the sum of (1) Executive's Base Salary through the Date of Termination to the extent not theretofore paid, (2) the product of (x) Executive's "target" bonus for the then current fiscal year under the EMIP as described in Section 6(b)(i) above ("Target EMIP Bonus"), and (y) a fraction, the numerator of which is the number of days in the current fiscal year through the Date of Termination, and the denominator of which is 365, and (3) any compensation previously deferred by Executive (together with any accrued interest or earnings thereon) and any accrued vacation pay, in each case to the extent not theretofore paid (the sum of the amounts described in clauses (1), (2), and (3) shall be hereinafter referred to as the "Accrued Obligations"); and
B. the amount equal to the product of (1) the number of days remaining in the Employment Period from and after the Date of Termination (the "Remaining Employment Period"), and (2) Executive's Base Salary divided by 365; and
C. the amount equal to the product of (1) the number of days in the Remaining Employment Period, and (2) Executive's Target EMIP Bonus divided by 365; and
D. an amount equal to the excess of (a) the actuarial equivalent of Executive's benefits under the Benefit Plans that are qualified defined benefit retirement plans (utilizing actuarial assumptions no less favorable to Executive than those in effect under the CCB Financial Corporation Retirement Plan on the Date of Termination) and any Benefit Plans that are excess or supplemental retirement plans in which Executive participates which Executive would receive if Executive's employment continued throughout the Remaining Employment Period, assuming for this purpose that all accrued benefits are fully vested and assuming that Executive's compensation in each remaining year of the Employment Period is the Base Salary plus the Target EMIP Bonus, over (b) the actuarial equivalent of Executive's actual benefits (paid or payable), if any, under such Benefit Plans as of the Date ...
Other Than for Cause, Death or Disability. If, at any time prior to the Effective Date, the Company shall terminate the Executive's employment other than for Cause (defined below), death or Disability, the Company shall pay to the Executive (1) the Executive's Annual Base Salary multiplied by 1.5 payable over 18 months at the same time that the Company pays other peer executives of the Company generally, and (2) any compensation or bonus previously deferred (together with any accrued interest or earnings thereon) and any accrued vacation pay, in each case to the extent not theretofore paid (the sum of the amounts described in clauses (1) and (2) of this Section 7(a)(i) shall be hereinafter referred to as the "Severance Amount");
Other Than for Cause, Death or Disability. If, at any time prior to the Effective Date, the Company shall terminate the Executive’s employment other than for Cause (defined below), death or Disability, the Company shall (1) pay to the Executive his Annual Base Salary multiplied by 1.5 payable over 18 months at the same time that the Company pays other peer executives of the Company generally, commencing on the first payroll date which is on or immediately after the 30th day following the Executive’s termination of employment, and (2) pay to the Executive any compensation or bonus previously deferred (together with any accrued interest or earnings thereon) and any accrued vacation pay, in each case to the extent not theretofore paid, in a lump sum payment within 30 days following employment (the sum of the amounts described in clauses (1) and (2) of this Section 7(b) shall be hereinafter referred to as the “Severance Amount”); and (3) for a period equal to that period over which the Executive’s Annual Base Salary shall be paid pursuant to Section 7(b) (1) hereof, the Company shall continue health and dental benefits to the Executive and/or the Executive’s family equal to those health and dental benefits in effect on the Date of Termination; provided, however, that if Executive becomes re-employed with another employer which provides medical or dental benefits of any kind (whether equivalent to, or lesser than, those provided by the Company on the Date of Termination), then Executive’s health or dental coverage with the Company shall, respectively, cease upon the date Executive shall become eligible for either of such benefits from Executive’s new employer. Executive covenants and agrees to promptly notify the Company upon becoming so eligible. Solely for purposes of Section 409A of the Code, each installment payment is considered a separate payment.
Other Than for Cause, Death or Disability. Subject to the obligations of Section 5(a), the Company may terminate the Executive’s employment during the Employment Period for any reason in its sole discretion upon written notice to the Executive.
Other Than for Cause, Death or Disability. If, during the Employment Period, the Company terminates the Employee's employment, other than during the Probationary Period, or other than for Cause, Death or Disability, or the Employee terminates her employment for Good Cause Shown, the Company shall (i) pay the Employee's accrued but unpaid portion of the Annual Base Salary (the "Accrued Obligations") to the Employee in a lump sum in cash within thirty (30) days after the Date of Termination, and (ii) continue to pay the Annual Base Salary for the remainder of the Employment Period. The payments provided pursuant to this paragraph (a) of Section 5 are intended as liquidated damages for a termination of the Employee's employment by the Company other than for Cause or Disability or for the actions of the Company leading to a termination of the Employee's employment by the Employee for Good Cause Shown, and shall be the sole and exclusive remedy therefore.
Other Than for Cause, Death or Disability. If the Recipient's employment with the Company is terminated for any reason other than Cause, a Change in Control, death or disability (as defined in the Plan), the Recipient shall be entitled to exercise the NQSQ granted hereunder, to the extent the right to so exercise had accrued at the date of termination and had not been previously exercised, for a period of thirty days after such termination date, subject to all other provisions hereof and of the Plan.
Other Than for Cause, Death or Disability. The Company may terminate the Executive’s employment during the CIC Employment Period for any reason in its sole discretion upon written notice to the Executive.
Other Than for Cause, Death or Disability. If, during the Employment Period, Energy Group or any of its affiliated companies shall terminate the Executive's employment other than for Cause or Disability or the Executive shall terminate employment for any reason:
(i) until the last day of the Employment Period, or such longer period as may be provided by the terms of the appropriate plan, program, practice or policy, Energy Group or any of its affiliated companies shall continue benefits to the Executive and/or the Executive's family at least equal to those which would have been provided to them in accordance with the plans, programs, practices and policies described in Section 5(b)(iv) of this Agreement if the Executive's employment had not been terminated or, if more favorable to the Executive, as in effect generally at any time thereafter with respect to other peer executives of Energy Group or any of its affiliated companies and their families, provided, however, that if the Executive becomes reemployed with another employer and is eligible to receive medical or other welfare benefits under another employer provided plan, the medical and other welfare benefits described herein shall be secondary to those provided under such other plan during such applicable period of eligibility. For purposes of determining eligibility (but not the time of commencement of benefits) of the Executive for retiree benefits pursuant to such plans, practices, programs and policies, the Executive shall be considered to have remained employed until May 1, 2003 and to have retired on May 1, 2003; and
(ii) to the extent not theretofore paid or provided, Energy Group or any of its affiliated companies shall timely pay or provide to the Executive any other amounts or benefits required to be paid or provided or which the Executive is eligible to receive under any plan, program, policy or practice or contract or agreement of Energy Group or any of its affiliated companies (such other amounts and benefits shall be hereinafter referred to as the "Other Benefits").
