Common use of Recharacterization of Termination Clause in Contracts

Recharacterization of Termination. Notwithstanding any other provision of this Agreement, if, following the termination of employment and prior to a Change in Control, the Company discovers that grounds existed as of the Date of Termination for a termination for Cause, then such termination shall be deemed to be a termination for Cause and Executive shall only be entitled to the payments and benefits provided in Section 5(a). For the avoidance of doubt, this right to recharacterize a prior termination shall terminate effective as of a Change in Control. In the event Executive’s termination is reclassified as a termination for Cause pursuant to this Section 5(e), Executive’s termination shall be so treated and classified for all purposes under this Agreement and any other agreements between Executive and the Company, and Executive shall repay to the Company any monies or benefits received by Executive following termination to which Executive would not have been entitled upon being terminated for Cause.

Recharacterization of Termination. Notwithstanding any other provision of this Agreement‎Agreement, if, following the termination of employment and prior to a Change in Control, the Company discovers that grounds existed as ‎as of the Date of Termination for a termination for Cause, then such termination shall be deemed ‎deemed to be a termination for Cause and Executive shall only be entitled to the payments ‎payments and benefits provided in Section 5(a). For the avoidance of doubt, this right to recharacterize a prior termination shall terminate effective as of a Change in Control. In the event Executive’s termination is reclassified ‎reclassified as a termination for Cause pursuant to this Section 5(e), Executive’s termination ‎termination shall be so treated and classified for all purposes under this Agreement and any other agreements ‎agreements between Executive and the Company, and Executive shall repay to the Company any monies or ‎or benefits received by Executive following termination to which Executive would not have been entitled ‎entitled upon being terminated for Cause.. ‎

Recharacterization of Termination. Notwithstanding any other provision of this Agreement, if, if following the termination of employment and prior to a Change in Control, the Company discovers that grounds existed as of the Date of Termination for a termination for Cause, then such termination shall be deemed to be a termination for Cause and Executive shall only be entitled to the payments and benefits provided in Section 5(a). For the avoidance of doubt, this right to recharacterize a prior termination shall terminate effective as of a Change in Control. In the event Executive’s termination is reclassified as a termination for Cause pursuant to this Section 5(e), Executive’s termination shall be so treated and classified for all purposes under this Agreement and any other agreements between Executive and the Company, and Executive shall repay to the Company any monies or benefits received by Executive following termination to which Executive would not have been entitled upon being terminated for Cause.