Common use of PAYMENTS FOR INVOLUNTARY TERMINATION WITHOUT CAUSE Clause in Contracts

PAYMENTS FOR INVOLUNTARY TERMINATION WITHOUT CAUSE. (1) If prior to a Change of Control (i) the Corporation terminates Executive's employment (other than for Cause pursuant to subsection 6(b) hereof), or (ii) the Executive's employment terminates by reason of the Corporation's termination of this Agreement pursuant to subsection 6(c)hereof, the Corporation shall pay Executive following such involuntary termination his or her full accrued Base Salary through the date of termination of employment plus an amount equal to fifty percent (50%) of Executive's Base Salary for the fiscal year in which termination occurs, payable in twenty-six (26) equal weekly installments or at such other intervals as salary is normally paid by the Corporation to its employees. The payment pursuant to this Subsection 6(d)(1) and any payments to which Executive may be entitled pursuant to Subsections 5(g), 5(h), and 5 (i) shall be in full discharge of any claims, actions, demands or damages of every nature and description which Executive might have or might assert against the Corporation or any Affiliated Company in connection with or arising from the termination of Executive's employment or the termination of this Agreement. (2) If following a Change of Control (i) the Corporation terminates Executive's employment (other than for Cause pursuant to Subsection 6(b) hereof), or (ii) the Executive's employment terminates by reason of the Corporation's termination of this Agreement pursuant to subsection (c) hereof, the Corporation shall, at the time of such involuntary termination, make a lump sum cash payment to Executive equal to 200% of his or her Base Salary for the Fiscal Year of termination. In addition to the payment pursuant to this Subsection 6(d)(2) and any payments to which Executive may be entitled pursuant to Subsections 5(g), 5(h) and 5(i), Executive shall be entitled to all remedies available under this Agreement or at law in respect of any damages suffered by Executive as a result of an involuntary termination of employment without Cause.

Appears in 5 contracts

Samples: Employment Agreement (Cpi Corp), Employment Agreement (Cpi Corp), Employment Agreement (Cpi Corp)

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PAYMENTS FOR INVOLUNTARY TERMINATION WITHOUT CAUSE. (1) If prior to a Change of Control Control, (i) the Corporation terminates Executive's employment (other than for Cause pursuant to subsection 6(b) hereof), ) or (ii) the Executive's employment terminates by reason of the Corporation's termination of this Agreement pursuant to subsection 6(c)hereof6(c) hereof, the Corporation shall pay Executive following such involuntary termination his or her full accrued Base Salary through the date of termination of employment plus an amount equal to fifty (i) one hundred percent (50100%) of Executive's Base Salary for the fiscal year in which termination occursSalary, payable in twenty-six (26) equal bi-weekly installments or at such other intervals as salary is normally paid by the Corporation to its employees. The payment pursuant to this Subsection 6(d)(1) and any payments to which Executive may be entitled pursuant to Subsections 5(g), 5(h), and 5 (i6(c)(1) shall be in full discharge of any claims, actions, demands or damages of every nature and description which Executive might have or might assert against the Corporation or any Affiliated Company in connection with or arising from the termination of Executive's employment or the termination of this Agreement. (2) If following a Change of Control (i) Control, the Corporation terminates Executive's employment (other than for Cause pursuant to Subsection 6(b) hereof), or (ii) the Executive's employment terminates by reason of the Corporation's termination of this Agreement pursuant to subsection (c) hereof, the Corporation shall, at the time of such involuntary termination, make a lump sum cash payment to Executive equal to 200% of his or her Base Salary for the Fiscal Year of termination. In addition to the payment pursuant to this Subsection 6(d)(2) and any payments to which Executive may be entitled pursuant to Subsections Subsection 5(g), 5(h) and 5(i), Executive shall be entitled to all remedies available under this Agreement or at law in respect of any damages suffered by Executive as a result of an involuntary termination of employment without Cause.

Appears in 1 contract

Samples: Employment Agreement (Cpi Corp)

PAYMENTS FOR INVOLUNTARY TERMINATION WITHOUT CAUSE. (1) If prior to a Change of Control (i) the Corporation terminates Executive's employment (other than for Cause pursuant to subsection 6(b) hereof), or (ii) the Executive's employment terminates by reason of the Corporation's termination of this Agreement pursuant to subsection 6(c)hereof6(c) hereof, the Corporation shall pay Executive following such involuntary termination his or her full accrued Base Salary through the date of termination of employment plus an amount equal amount, if any, to fifty percent (50%) be determined by the Board of Executive's Base Salary for the fiscal year in which termination occursDirectors, any committee thereof or any individual having authority to approve such payment, payable in twenty-six (26) equal weekly installments or at such other intervals as salary is normally paid by the Corporation to its employees. Executive acknowledges that any payment in the event of termination of his or her employment prior to Change of Control, other than accrued Base Salary, is not required, but is within the sole discretion of the Board of Directors, any committee thereof or any individual having authority to approve such payment. The payment pursuant to this Subsection 6(d)(1) ), if any, and any payments to which Executive may be entitled pursuant to Subsections 5(g), 5(h), and 5 (i) shall be in full discharge of any claims, actions, demands or damages of every nature and description which Executive might have or might assert against the Corporation or any Affiliated Company in connection with or arising from the termination of Executive's employment or the termination of this Agreement. (2) If following a Change of Control (i) the Corporation terminates Executive's employment (other than for Cause pursuant to Subsection 6(b) hereof), or (ii) the Executive's employment terminates by reason of the Corporation's termination of this Agreement pursuant to subsection (c) hereof, the Corporation shall, at the time of such involuntary termination, make a lump sum cash payment to Executive equal to 200% of his or her Base Salary for the Fiscal Year of termination. In addition to the payment pursuant to this Subsection 6(d)(2) and any payments to which Executive may be entitled pursuant to Subsections 5(g), 5(h) and 5(i), Executive shall be entitled to all remedies available under this Agreement or at law in respect of any damages suffered by Executive as a result of an involuntary termination of employment without Cause.

Appears in 1 contract

Samples: Employment Agreement (Cpi Corp)

PAYMENTS FOR INVOLUNTARY TERMINATION WITHOUT CAUSE. (1) If prior to a Change of Control (i) the Corporation terminates Executive's employment (other than for Cause pursuant to subsection 6(b) hereof), or (ii) the Executive's employment terminates by reason of the Corporation's termination of this Agreement pursuant to subsection 6(c)hereof6 (c) hereof, the Corporation shall pay Executive following such involuntary termination his or her full accrued Base Salary through the date of termination of employment plus an amount equal to fifty one hundred percent (50100%) of Executive's Base Salary for the fiscal year in which termination occurs, payable in twenty-six (26) equal bi-weekly installments or at such other intervals as salary is normally paid by the Corporation to its employees. In addition, within ninety (90) days after conclusion of the Fiscal Years in which the Executive's employment is involuntarily terminated without Cause, the Corporation shall pay the Executive the Annual Bonus he would have earned for the Fiscal Year, if any, prorated on the basis of the percentage of the Fiscal Year preceding such termination of Executive's employment. The payment payments pursuant to this Subsection 6(d)(1) and any payments to which Executive may be entitled pursuant to Subsections 5(g), 5(h), and 5 (i) shall be in full discharge of any claims, actions, demands or damages of every nature and description which Executive might have or might assert against the Corporation or any Affiliated Company in connection with or arising from the termination of Executive's employment or the termination of this Agreement. (2) If following a Change of Control (i) the Corporation terminates Executive's employment (other than for Cause pursuant to Subsection 6(b) hereof), or hereof),or (ii) the Executive's employment terminates by reason of the Corporation's termination of this Agreement pursuant to subsection (c6(c) hereof, the Corporation shall, at the time of such involuntary termination, make a lump sum cash payment to Executive equal to 200% of his or her Base Salary for the Fiscal Year of termination. In addition to the payment pursuant to this Subsection 6(d)(2) and any payments to which Executive may be entitled pursuant to Subsections 5(g), 5(h) and 5(i), Executive shall be entitled to all remedies available under this Agreement or at law in respect of any damages suffered by Executive as a result of an involuntary termination of employment without Cause.

Appears in 1 contract

Samples: Employment Agreement (Cpi Corp)

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PAYMENTS FOR INVOLUNTARY TERMINATION WITHOUT CAUSE. (1) If prior to a Change of Control (i) the Corporation terminates Executive's employment (other than for Cause pursuant to subsection 6(b) hereof), or (ii) the Executive's employment terminates by reason of the Corporation's termination of this Agreement pursuant to subsection 6(c)hereof6 (c) hereof, the Corporation shall pay Executive following such involuntary termination his or her full accrued Base Salary through the date of termination of employment plus an amount equal to fifty percent (50%) of Executive's Base Salary for the fiscal year in which termination occurs, payable in twenty-six (26) equal weekly installments or at such other intervals as salary is normally paid by the Corporation to its employees. The payment pursuant to this Subsection 6(d)(1) and any payments to which Executive may be entitled pursuant to Subsections 5(g), 5(h), and 5 (i) shall be in full discharge of any claims, actions, demands or damages of every nature and description which Executive might have or might assert against the Corporation or any Affiliated Company in connection with or arising from the termination of Executive's employment or the termination of this Agreement. (2) If following a Change of Control (i) the Corporation terminates Executive's employment (other than for Cause pursuant to Subsection 6(b) hereof), or (ii) the Executive's employment terminates by reason of the Corporation's termination of this Agreement pursuant to subsection (c6(c) hereof, the Corporation shall, at the time of such involuntary termination, make a lump sum cash payment to Executive equal to 200% of his or her Base Salary for the Fiscal Year of termination. In addition to the payment pursuant to this Subsection 6(d)(2) and any payments to which Executive may be entitled pursuant to Subsections 5(g), 5(h) and 5(i), Executive shall be entitled to all remedies available under this Agreement or at law in respect of any damages suffered by Executive as a result of an involuntary termination of employment without Cause.

Appears in 1 contract

Samples: Employment Agreement (Cpi Corp)

PAYMENTS FOR INVOLUNTARY TERMINATION WITHOUT CAUSE. (1) If prior to a Change of Control (i) the Corporation terminates Executive's employment (other than for Cause pursuant to subsection 6(b) hereof), or (ii) the Executive's employment terminates by reason of the Corporation's termination of this Agreement pursuant to subsection 6(c)hereof6 (c) hereof, the Corporation shall pay Executive following such involuntary termination his or her full accrued Base Salary through the date of termination of employment plus an amount equal to fifty one hundred percent (50100%) of Executive's Base Salary for the fiscal year in which termination occurs, payable in twenty-six (26) equal bi-weekly installments or at such other intervals as salary is normally paid by the Corporation to its employees. In addition, within ninety (90) days after conclusion of the Fiscal Years in which the Executive's employment is involuntarily terminated without Cause, the Corporation shall pay the Executive the Annual Bonus she would have earned for the Fiscal Year, if any, prorated on the basis of the percentage of the Fiscal Year preceding such termination of Executive's employment. The payment payments pursuant to this Subsection 6(d)(1) and any payments to which Executive may be entitled pursuant to Subsections 5(g), 5(h), and 5 (i) shall be in full discharge of any claims, actions, demands or damages of every nature and description which Executive might have or might assert against the Corporation or any Affiliated Company in connection with or arising from the termination of Executive's employment or the termination of this Agreement. (2) If following a Change of Control (i) the Corporation terminates Executive's employment (other than for Cause pursuant to Subsection 6(b) hereof), or (ii) the Executive's employment terminates by reason of the Corporation's termination of this Agreement pursuant to subsection (c6(c) hereof, the Corporation shall, at the time of such involuntary termination, make a lump sum cash payment to Executive equal to 200% of his or her Base Salary for the Fiscal Year of termination. In addition to the payment pursuant to this Subsection 6(d)(2) and any payments to which Executive may be entitled pursuant to Subsections 5(g), 5(h) and 5(i), Executive shall be entitled to all remedies available under this Agreement or at law in respect of any damages suffered by Executive as a result of an involuntary termination of employment without Cause.

Appears in 1 contract

Samples: Employment Agreement (Cpi Corp)

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