Payments Upon Termination Without Cause or Resignation for Good Reason. If the Company terminates your employment without Cause or you resign for Good Reason, then in either case you shall be entitled to receive bi-weekly severance payments for a period of one (1) year from the date of termination at your base salary level, with all benefits and taxes handled in the same manner as described in Section 2 above, plus any incentive bonus compensation and any other accrued benefits then due you on a pro rata basis through date of termination. Any payments or benefits provided under this Section 11 shall be in lieu of and not in addition to any payments or benefits provided under Section 2, and at no time will you be eligible for payments or benefits under both Section 2 and Section 11.
Payments Upon Termination Without Cause or Resignation for Good Reason. In the event that the Executive’s employment is terminated by the Company without Cause or the Executive resigns for Good Reason, then the Company shall pay or provide to the Executive or the Executive’s estate:
(i) the Accrued Obligations;
(ii) salary continuation during nine (9) month severance period beginning on the Termination Date (or such later date as required by Section 4.5) in accordance with the Company’s normal payroll practices; and
(iii) subject to Executive’s election to receive and continuing eligibility for COBRA continuation coverage, the Company shall pay, on an after-tax basis, for up to nine (9) months of COBRA continuation premiums for group health and dental coverage.
Payments Upon Termination Without Cause or Resignation for Good Reason. If the Company terminates the Employee's employment without Cause or the Employee resigns for Good Reason, then in each case the Employee shall be entitled to receive a lump sum equal to (i) 2.99 times her Base Salary plus (ii) any incentive bonus compensation and any other accrued benefits due Employee in accordance with Paragraph 3.2 on a pro rata basis through date of termination as determined in accordance with Paragraph 6.1 provided, however, that if the payments under this Paragraph 6.2, either alone or together with other payments which the Employee has the right to receive from the Company, would constitute a "parachute payment" (as defined in Section 280G of the Internal Revenue Code of 1986, as amended (the "Code")), such severance payment shall be reduced to the largest amount as will result in no portion of the severance payment under this Paragraph 6.2 being subject to the excise tax imposed by Section 4999 of the Code.
Payments Upon Termination Without Cause or Resignation for Good Reason. If the Company terminates the Employee's employment without Cause or the Employee resigns for Good Reason, then in either case the Employee shall be entitled to receive bi-weekly severance payments for a period of one (1) year from the date of Termination at his/her Base Salary, with all benefits and taxes handled in the same manner as described in paragraph 2 above, plus any incentive bonus compensation and any other accrued benefit due Employee on a pro rata basis through date of termination.
Payments Upon Termination Without Cause or Resignation for Good Reason. If Employee’s employment with the Company is terminated by the Company for any reason other than for “Cause” (as defined below), including without limitation termination of Employee’s employment in connection with a Change in Control (as defined in Appendix A hereof), or by Employee as a result of his resignation for “Good Reason” (as defined below) such that Employee’s Termination Date occurs within twenty-four (24) months after the occurrence of the condition which is the basis for the termination of the Employee without Cause, the Good Reason resignation by Employee or the termination of Employee’s employment in connection with a Change in Control, then, in addition to the Company paying Employee his base salary through the Termination Date, Employee shall in such case receive from Company the following severance pay and benefits.
(1) The Company will pay Employee severance pay in an aggregate amount equal to fifty two weeks of Employee’s weekly base salary amount immediately prior to the Termination Date, payable over one year in equal installments in accordance with the Company’s regular payroll practices, with the first payment beginning no earlier than the expiration of all applicable rescission periods provided by law and no later than forty-five (45) calendar days following the Termination Date; provided that if the 45 day period begins in one taxable year and ends in a second taxable year, the Company will begin payment in the second taxable year.
(2) The Company will pay Employee a pro rata portion (based on the portion of the fiscal year Employee provided services to the Company) of any annual performance bonus pursuant to Section 3(e) that would have been payable to Employee if he had remained employed by the Company for the fiscal year in which the Termination Date occurs, based on actual Company performance for such fiscal year. Such payment shall be made in the same manner and at the same time that annual incentive bonus payments are made to current executive officers of the Company, but no earlier than the expiration of all applicable rescission periods provided by law and no later than the date 2-1/2 months following the end of the fiscal year.
(3) Provided Employee is eligible for and takes all steps necessary to continue his and his family’s then-applicable health, dental, disability and life insurance coverage with the Company following the Termination Date, the Company will continue to provide such coverage under the same terms and co...
Payments Upon Termination Without Cause or Resignation for Good Reason. In the event that Employee’s employment with Employer is terminated by Employer without Cause pursuant to Section 7.4, above, or by Employee as the result of a resignation for Good Reason pursuant to Section 7.5, above, then Employee shall be entitled to receive payment of one (1) year of Employee’s base salary in effect as of the date of such termination without Cause or resignation for Good Reason, said payments to be made in accordance with the normal payroll cycle of Employer and subject to any required tax withholdings and deductions. In the event that Employee breaches any of the covenants set forth in Article 2, above, Employer shall have no further obligation to provide, and Employee shall have no further right to receive, any payments or benefits pursuant to this Section 7.6.
Payments Upon Termination Without Cause or Resignation for Good Reason. If the Company terminates Executive's employment pursuant to this Agreement without Cause or Executive resigns for Good Reason, then in each case Executive shall be entitled to receive (a) his accrued and unpaid Base Salary and any other accrued and unpaid benefits due Executive in accordance with Section 3.2 as of the date of termination plus reimbursement of expenses through the date of termination in accordance with Section 3.2(b), (b) the post termination benefits pursuant to Section 3.2(e), and (c) the enhanced SRP benefit pursuant to Section 3.3.
Payments Upon Termination Without Cause or Resignation for Good Reason. In the event that the Executive’s employment is terminated by the Company without Cause or the Executive resigns for Good Reason, then the Company shall pay or provide to the Executive or the Executive’s estate:
(i) the Accrued Obligations;
(ii) continued payment of a severance amount for the 2 year severance period equal to the product of (x) two times Base Salary plus Annual Bonus for the prior fiscal year (if the Termination Date occurs prior to the last day of the 2014 fiscal year, the Annual Bonus shall be the Annual Bonus Target (i.e., 150% of Annual Base Salary)) divided by (y) the number of payroll periods during the two year severance period beginning on the Termination Date (or such later date as required by Section 4.5) in accordance with the Company’s normal payroll practices; and
(iii) payment of a prorated Annual Bonus for the fiscal year in which the Termination Date occurs based on actual performance in accordance with the Bonus Program (without the exercise of any negative discretion) and payable on the November 30 following the end of such fiscal year, with such proration to be equal to the fraction the numerator of which is equal to the number of days the Executive worked from the beginning of the Company’s then current fiscal year through the Termination Date and the denominator of which is three hundred sixty-five (365).
Payments Upon Termination Without Cause or Resignation for Good Reason. If the Company terminates the Employee's employment without Cause or the Employee resigns for Good Reason, then in each case the Employee shall be entitled to receive a lump sum equal to (i) his Base Salary plus (ii) any incentive bonus compensation and any other accrued benefits due Employee in accordance with Paragraph 3.2 on a pro rata basis through date of termination as determined in accordance with Paragraph 6.1. However, if the Company terminates the Employee's employment without Cause or the Employee resigns for Good Reason within twenty-four (24) months of the relocation of the Employee as described in Paragraph 4, then in each case the Employee shall be entitled to receive a lump sum equal to (i) two times his Base Salary plus (ii) any incentive bonus compensation and other accrued benefits due Employee in accordance with Paragraph 3.2 on a pro rata basis through date of termination as determined in accordance with Paragraph 6.1; provided, however, that if the payments under this Paragraph 6.2, either alone or together with other payments which the Employee has the right to receive from the Company, would constitute a "parachute payment" (as defined in Section 280G of the Internal Revenue Code of 1986, as amended (the "Code")), such severance payment shall be reduced to the largest amount as will result in no portion of the severance payment under this Paragraph 6.2 being subject to the excise tax imposed by Section 4999 of the Code.
Payments Upon Termination Without Cause or Resignation for Good Reason. If the Company terminates employment without Cause or Employee resigns for Good Reason, then in either case Employee shall be entitled to receive bi-weekly severance payments for a period of one (1) year from the date of termination at Employee’s base salary level, with all benefits and taxes handled in the same manner as described in clause 25.3 above, plus any bonus compensation and any other accrued benefits then due you on a pro rata basis through date of termination, less any payments made as payment in lieu under clause 21.
