Payment of Continued Group Health Plan Benefits. If Executive is eligible for and timely elects continued group health plan coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) following Executive’s termination, the Company will pay the COBRA group health insurance premiums for Executive and Executive’s eligible dependents until the earliest of (A) the close of the twelve (12) month period following the termination of Executive’s employment (the “COBRA Payment Period”), (B) the expiration of Executive’s eligibility for the continuation coverage under COBRA, or (C) the date when Executive becomes eligible for substantially equivalent health insurance coverage in connection with new employment. References to COBRA premiums shall not include any amounts payable by Executive under a health care reimbursement plan pursuant to Section 125 of the Code. Notwithstanding the foregoing, if at any time the Company determines, in its sole discretion, that it cannot pay the COBRA premiums without potentially incurring financial costs or penalties under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then regardless of whether Executive elects continued health coverage under COBRA, in lieu of providing the COBRA premiums, the Company will instead pay to Executive, on the last day of each remaining month of the COBRA Payment Period, a fully taxable cash payment equal to the COBRA premiums for that month, subject to applicable tax withholdings (such amount, the “Special Severance Payment”), which payments shall continue until the earlier of expiration of the COBRA Payment Period or the date when Executive becomes eligible for substantially equivalent health insurance coverage in connection with new employment.
Appears in 5 contracts
Samples: Severance Agreement (Xencor Inc), Severance Agreement (Xencor Inc), Severance Agreement (Xencor Inc)
Payment of Continued Group Health Plan Benefits. If Executive is you are eligible for and timely elects elect continued group health plan coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 or any state law of similar effect (“COBRA”) following Executive’s terminationyour Involuntary Termination, the Company will pay the your COBRA group health insurance premiums for Executive you and Executive’s your eligible dependents directly to the insurer until the earliest of (A) the close end of the twelve (12) month period immediately following your Involuntary Termination that is equal to the termination of Executive’s employment Severance Period (the “COBRA Payment Period”), (B) the expiration of Executive’s your eligibility for the continuation coverage under COBRA, or (C) the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment or self-employment. References For purposes of this Section, references to COBRA premiums shall not include any amounts payable by Executive you under a Section 125 health care reimbursement plan pursuant to Section 125 of under the Code. Notwithstanding the foregoing, if at any time the Company determines, in its sole discretion, that it cannot pay the COBRA premiums without potentially incurring financial costs or penalties under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then regardless of whether Executive elects continued health coverage under COBRA, in lieu of providing the COBRA premiums, the Company will instead pay to Executive, you on the last day of each remaining month of the COBRA Payment Period, a fully taxable cash payment equal to the COBRA premiums for that month, subject to applicable tax withholdings (such amount, the “Special Severance Payment”), which payments shall continue until the earlier of expiration of the COBRA Payment Period or the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment.employment or
Appears in 2 contracts
Samples: Employment Agreement (Biocept Inc), Employment Agreement (Biocept Inc)
Payment of Continued Group Health Plan Benefits. If Executive is you are eligible for and timely elects elect continued group health plan coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 or any state law of similar effect (“COBRA”) following Executive’s terminationyour Involuntary Termination, the Company will pay the your COBRA group health insurance premiums for Executive you and Executive’s your eligible dependents directly to the insurer until the earliest of (A) the close end of the twelve (12) month period immediately following your Involuntary Termination that is equal to the termination of Executive’s employment Severance Period (the “COBRA Payment Period”), (B) the expiration of Executive’s your eligibility for the continuation coverage under COBRA, or (C) the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment or self- employment. References For purposes of this Section, references to COBRA premiums shall not include any amounts payable by Executive you under a Section 125 health care reimbursement plan pursuant to Section 125 of under the Code. Notwithstanding the foregoing, if at any time the Company determines, in its sole discretion, that it cannot pay the COBRA premiums without potentially incurring financial costs or penalties under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then regardless of whether Executive elects you elect continued health coverage under COBRA, and in lieu of providing the COBRA premiums, the Company will instead pay to Executive, you on the last day of each remaining month of the COBRA Payment Period, a fully taxable cash payment equal to the COBRA premiums for that month, subject to applicable tax withholdings (such amount, the “Special Severance Payment”), which payments shall continue until the earlier of expiration of the COBRA Payment Period or the date when Executive becomes eligible for substantially equivalent health insurance coverage in connection with new employment.applicable
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Payment of Continued Group Health Plan Benefits. If Executive is you are eligible for and timely elects elect continued group health plan coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 or any state law of similar effect (“COBRA”) following Executive’s terminationyour Involuntary Termination, the Company will pay the your COBRA group health insurance premiums for Executive you and Executive’s your eligible dependents directly to the insurer until the earliest of (A) the close end of the twelve (12) month period immediately following your Involuntary Termination that is equal to the termination of Executive’s employment Severance Period (the “COBRA Payment Period”), (B) the expiration of Executive’s your eligibility for the continuation coverage under COBRA, or (C) the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment or self-employment. References For purposes of this Section, references to COBRA premiums shall not include any amounts payable by Executive you under a Section 125 health care reimbursement plan pursuant to Section 125 of under the Code. Notwithstanding the foregoing, if at any time the Company determines, in its sole discretion, that it cannot pay the COBRA premiums without potentially incurring financial costs or penalties under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then regardless of whether Executive elects you elect continued health coverage under COBRA, and in lieu of providing the COBRA premiums, the Company will instead pay to Executive, you on the last day of each remaining month of the COBRA Payment Period, a fully taxable cash payment equal to the COBRA premiums for that month, subject to applicable tax withholdings (such amount, the “Special Severance Payment”), which payments shall continue until the earlier of expiration of the COBRA Payment Period or the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment.new
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Payment of Continued Group Health Plan Benefits. If Executive is you are eligible for and timely elects elect continued group health plan coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 or any state law of similar effect (“COBRA”) following Executive’s terminationyour Separation Date, the Company will pay the your COBRA group health insurance premiums for Executive you and Executive’s your eligible dependents directly to the insurer until the earliest of (A) the close end of the twelve period immediately following your Separation Date that is equal to nine (129) month period following the termination of Executive’s employment months (the “COBRA Payment Period”), (B) the expiration of Executive’s your eligibility for the continuation coverage under COBRA, or (C) the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment or self-employment. References For purposes of this Section, references to COBRA premiums shall not include any amounts payable by Executive you under a Section 125 health care reimbursement plan pursuant to Section 125 of under the Code. Notwithstanding the foregoing, if at any time the Company determines, in its sole discretion, that it cannot pay the COBRA premiums without potentially incurring financial costs or penalties under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then regardless of whether Executive elects you elect continued health coverage under COBRA, and in lieu of providing the COBRA premiums, the Company will instead pay to Executive, you on the last day of each remaining month of the COBRA Payment Period, a fully taxable cash payment equal to the COBRA premiums for that month, subject to applicable tax withholdings (such amount, the “Special Severance Payment”), which payments shall continue until the earlier of expiration of the COBRA Payment Period or the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment or self-employment.. On the first payroll date following the effectiveness of the Separation Agreement (as discussed in Section 7.6), the Company
Appears in 1 contract
Samples: Employment Agreement (Genelux Corp)
Payment of Continued Group Health Plan Benefits. If Executive is you are eligible for and timely elects elect continued group health plan coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 or any state law of similar effect (“COBRA”) following Executive’s terminationyour Involuntary Termination, the Company will pay the your COBRA group health insurance premiums for Executive you and Executive’s your eligible dependents directly to the insurer until the earliest of (A) the close end of the twelve (12) month period immediately following your Involuntary Termination that is equal to the termination of Executive’s employment CIC Severance Period (the “CIC COBRA Payment Period”), (B) the expiration of Executive’s your eligibility for the continuation coverage under COBRA, or (C) the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment or self-employment. References For purposes of this Section, references to COBRA premiums shall not include any amounts payable by Executive you under a Section 125 health care reimbursement plan pursuant to Section 125 of under the Code. Notwithstanding the foregoing, if at any time the Company determines, in its sole discretion, that it cannot pay the COBRA premiums without potentially incurring financial costs or penalties under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then regardless of whether Executive elects you elect continued health coverage under COBRA, and in lieu of providing the COBRA premiums, the Company will instead pay to Executive, you on the last day of each remaining month of the CIC COBRA Payment Period, a fully taxable cash payment equal to the COBRA premiums for that month, subject to applicable tax withholdings (such amount, the “Special Severance Payment”), which payments shall continue until the earlier of expiration of the COBRA Payment Period or the date when Executive becomes eligible for substantially equivalent health insurance coverage in connection with new employment.withholdings
Appears in 1 contract
Payment of Continued Group Health Plan Benefits. If Executive is you are eligible for and timely elects elect continued group health plan coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 or any state law of similar effect (“COBRA”) following Executive’s terminationyour Involuntary Termination, the Company will (in the Company’s election) either pay the directly or reimburse you for your COBRA group health insurance premiums for Executive you and Executive’s your eligible dependents directly to the insurer until the earliest of (A) the close of the twelve (12) month period following months after the termination date of Executive’s employment (the “COBRA Payment Period”)your Involuntary Termination, (B) the expiration of Executive’s your eligibility for the continuation coverage under COBRA, or (C) the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employmentemployment or self-employment (the “COBRA Payment Period”). References For purposes of this Section, references to COBRA premiums shall not include any amounts payable by Executive you under a Section 125 health care reimbursement plan pursuant to Section 125 of under the Code. Notwithstanding the foregoing, if at any time the Company determines, in its sole discretion, that it cannot pay the COBRA premiums without potentially incurring financial costs or penalties under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then regardless of whether Executive elects you elect continued health coverage under COBRA, and in lieu of providing the COBRA premiums, the Company will instead pay to Executive, you on the last day of each remaining month of the COBRA Payment Period, a fully taxable cash payment equal to the COBRA premiums for that month, subject to applicable tax withholdings (such amount, the “Special Severance Payment”), which payments shall continue until the earlier of expiration of the COBRA Payment Period or the date when Executive becomes eligible for substantially equivalent health insurance coverage in connection with new employment.cash
Appears in 1 contract
Payment of Continued Group Health Plan Benefits. If Executive is you are eligible for and timely elects elect continued group health plan coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 or any state law of similar effect (“COBRA”) following Executive’s terminationyour Involuntary Termination, the Company will pay the your COBRA group health insurance premiums for Executive you and Executive’s your eligible dependents directly to the insurer until the earliest of (A) the close end of the twelve (12) month period immediately following your Involuntary Termination that is equal to the termination of Executive’s employment Severance Period (the “COBRA Payment Period”), (B) the expiration of Executive’s your eligibility for the continuation coverage under COBRA, or (C) the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment or self-employment. References For purposes of this Section, references to COBRA premiums shall not include any amounts payable by Executive you under a Section 125 health care reimbursement plan pursuant to Section 125 of under the Code. Notwithstanding the foregoing, if at any time the Company determines, in its sole discretion, that it cannot pay the COBRA premiums without potentially incurring financial costs or penalties under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then regardless of whether Executive elects you elect continued health coverage under COBRA, and in lieu of providing the COBRA premiums, the Company will instead pay to Executive, you on the last day of each remaining month of the COBRA Payment Period, a fully taxable cash payment equal to the COBRA premiums for that month, subject to applicable tax withholdings (such amount, the “Special Severance Payment”), which payments shall continue until the earlier of expiration of the COBRA Payment Period or the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment or self-employment.. On the first payroll date following the effectiveness of the Release, the Company will make the first
Appears in 1 contract
Payment of Continued Group Health Plan Benefits. If Executive is you are eligible for and timely elects elect continued group health plan coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 or any state law of similar effect (“COBRA”) following Executive’s terminationyour Involuntary Termination, the Company will pay the your COBRA group health insurance premiums for Executive you and Executive’s your eligible dependents directly to the insurer until the earliest of (A) the close end of the twelve (12) month period immediately following your Involuntary Termination that is equal to the termination of Executive’s employment CIC Severance Period (the “CIC COBRA Payment Period”), (B) the expiration of Executive’s your eligibility for the continuation coverage under COBRA, or (C) the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment or self-employment. References For purposes of this Section, references to COBRA premiums shall not include any amounts payable by Executive you under a Section 125 health care reimbursement plan pursuant to Section 125 of under the Code. Notwithstanding the foregoing, if at any time the Company determines, in its sole discretion, that it cannot pay the COBRA premiums without potentially incurring financial costs or penalties under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then regardless of whether Executive elects you elect continued health coverage under COBRA, and in lieu of providing the COBRA premiums, the Company will instead pay to Executive, on the last day of each remaining month of the COBRA Payment Period, a fully taxable cash payment equal to the COBRA premiums for that month, subject to applicable tax withholdings (such amount, the “Special Severance Payment”), which payments shall continue until the earlier of expiration of the COBRA Payment Period or the date when Executive becomes eligible for substantially equivalent health insurance coverage in connection with new employment.instead
Appears in 1 contract
Samples: Employment Agreement (Biocept Inc)
Payment of Continued Group Health Plan Benefits. If Executive is you are eligible for and timely elects elect continued group health plan coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 or any state law of similar effect (“COBRA”) following Executive’s terminationyour Involuntary Termination, the Company will pay the your COBRA group health insurance premiums for Executive you and Executive’s your eligible dependents directly to the insurer until the earliest of (A) the close end of the twelve (12) month period immediately following your Involuntary Termination that is equal to the termination of Executive’s employment Severance Period (the “COBRA Payment Period”), (B) the expiration of Executive’s your eligibility for the continuation coverage under COBRA, or (C) the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment or self-employment. References For purposes of this Section, references to COBRA premiums shall not include any amounts payable by Executive you under a Section 125 health care reimbursement plan pursuant to Section 125 of under the Code. Notwithstanding the foregoing, if at any time the Company determines, in its sole discretion, that it cannot pay the COBRA premiums without potentially incurring financial costs or penalties under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then regardless of whether Executive elects you elect continued health coverage under COBRA, and in lieu of providing the COBRA premiums, the Company will instead pay to Executive, you on the last day of each remaining month of the COBRA Payment Period, a fully taxable cash payment equal to the COBRA premiums for that month, subject to applicable tax withholdings (such amount, the “Special Severance Payment”), which payments shall continue until the earlier of expiration of the COBRA Payment Period or the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment.employment or
Appears in 1 contract
Samples: Employment Agreement (Longboard Pharmaceuticals, Inc.)
Payment of Continued Group Health Plan Benefits. If Executive is you are eligible for and timely elects elect continued group health plan coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 or any state law of similar effect (“COBRA”) following Executive’s terminationyour termination due to Disability, the Company will pay the your COBRA group health insurance premiums for Executive you and Executive’s your eligible dependents directly to the insurer until the earliest of (A) the close end of the twelve (12) month period immediately following your termination due to Disability that is equal to the termination of Executive’s employment Severance Period (the “COBRA Payment Period”), (B) the expiration of Executive’s your eligibility for the continuation coverage under COBRA, or (C) the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment or self-employment. References For purposes of this Section, references to COBRA premiums shall not include any amounts payable by Executive you under a Section 125 health care reimbursement plan pursuant to Section 125 of under the Code. Notwithstanding the foregoing, if at any time the Company determines, in its sole discretion, that it cannot pay the COBRA premiums without potentially incurring financial costs or penalties under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then regardless of whether Executive elects continued health coverage under COBRA, in lieu of providing the COBRA premiums, the Company will instead pay to Executive, you on the last day of each remaining month of the COBRA Payment Period, a fully taxable cash payment equal to the COBRA premiums for that month, subject to applicable tax withholdings (such amount, the “Special Severance Payment”), which payments shall continue until the earlier of expiration of the COBRA Payment Period or the date when Executive becomes you become eligible for substantially equivalent health insurance coverage in connection with new employment or self-employment.. On the first payroll date following the effectiveness of the Separation Agreement,
Appears in 1 contract