Release and Forfeiture of Severance Benefits. The right of Executive to receive or to retain Severance Benefits pursuant to Section 8.2 or 8.3 shall be in consideration for, and subject to, 1) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit A to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release on or before the Payment Date without the Release having been revoked and 2) Executive’s continued compliance with the Covenants (as defined in Sections 13 and 14 of this Agreement). In the event that Executive breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Executive for any and all such Severance Benefits previously paid or provided to Executive, (c) recover from Executive all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all Equity Awards the vesting of which was accelerated by reason of the Severance Benefits.
Appears in 7 contracts
Samples: Executive Employment Agreement (Jda Software Group Inc), Executive Employment Agreement (Jda Software Group Inc), Executive Employment Agreement (Jda Software Group Inc)
Release and Forfeiture of Severance Benefits. The right of Executive Employee to receive or to retain Severance Benefits pursuant to Section 8.2 or 8.3 shall be in consideration for, and subject to, (1) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit A C to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release on or before the Payment Date without the Release having been revoked no later than 60 days after the Termination Date, and (2) ExecutiveEmployee’s continued compliance with the Covenants (as defined in Sections 13 and 14 of this Agreement)covenants hereof. In the event that Executive Employee breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Executive Employee for any and all such Severance Benefits previously paid or provided to ExecutiveEmployee, (c) recover from Executive Employee all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all Equity Awards equity awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to Section 24(b) hereof.
Appears in 6 contracts
Samples: Confidential Separation and Release Agreement (Mobile Mini Inc), Confidential Separation and Release Agreement (Mobile Mini Inc), Confidential Separation and Release Agreement (Mobile Mini Inc)
Release and Forfeiture of Severance Benefits. The right of Executive Employee to receive or to retain Severance Benefits pursuant to Section 8.2 or 8.3 shall be in consideration for, and subject to, (1) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit A C to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release on or before the Payment Date without the Release having been revoked no later than 60 days after the Termination Date, and (2) ExecutiveEmployee’s continued compliance with the Covenants (as defined in Sections 13 and 14 of this Agreement)covenants hereof. In the event that Executive Employee breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Executive Employee for any and all such Severance Benefits previously paid or provided to ExecutiveEmployee, (c) recover from Executive Employee all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all Equity Awards equity awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to Section 24(b) hereof. [Signature Page follows; remainder of this page is blank.]
Appears in 2 contracts
Samples: Confidential Separation and Release Agreement, Confidential Separation and Release Agreement (Mobile Mini Inc)
Release and Forfeiture of Severance Benefits. The right of Executive to receive or to retain Severance Benefits pursuant to Section 8.2 or 8.3 shall be in consideration for, and subject to, (1) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit A to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release on or before the Payment Date without the Release having been revoked no later than 60 days after the Termination Date, and (2) Executive’s continued compliance with the Covenants (as defined in Sections 13 and 14 of this Agreement). In the event that Executive breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Executive for any and all such Severance Benefits previously paid or provided to Executive, (c) recover from Executive all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all Equity Awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date.
Appears in 1 contract
Release and Forfeiture of Severance Benefits. The right of Executive to receive or to retain Severance Benefits pursuant to Section 8.2 or 8.3 shall be in consideration for, and subject to, (1) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit A C to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release on or before the Payment Date without the Release having been revoked no later than 60 days after the Termination Date, and (2) Executive’s continued compliance with the Covenants (as defined in Sections 13 and 14 of this Agreement). In the event that Executive breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Executive for any and all such Severance Benefits previously paid or provided to Executive, (c) recover from Executive all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all Equity Awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date.
Appears in 1 contract
Release and Forfeiture of Severance Benefits. The right of Executive Employee to receive or to retain Severance Benefits pursuant to Section 8.2 or 8.3 shall be in consideration for, and subject to, (1) execution of and delivery to the Company Parent of a release of claims substantially in the form attached as Exhibit A C to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release on or before the Payment Date without the Release having been revoked no later than 60 days after the Termination Date, and (2) ExecutiveEmployee’s continued compliance with the Covenants (as defined in Sections 13 and 14 of this Agreement)covenants hereof. In the event that Executive Employee breaches any of the Covenantscovenants, Company Parent shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Executive Employee for any and all such Severance Benefits previously paid or provided to ExecutiveEmployee, (c) recover from Executive Employee all shares of stock of Company Parent the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all Equity Awards equity awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date, subject to Section 24(b) hereof.
Appears in 1 contract
Samples: Employment Agreement (WillScot Corp)
Release and Forfeiture of Severance Benefits. The right of Executive to receive or to retain Severance Benefits pursuant to Section 8.2 or 8.3 7.2 shall be in consideration for, and subject to, (1) execution of and delivery to the Company of a release of claims substantially in the form attached as Exhibit A C to this Agreement, amended as necessary to comply with applicable law (the “Release”) and lapse of the period for revocation, if any, of the Release on or before the Payment Date without the Release having been revoked no later than sixty (60) days after the Termination Date, and (2) Executive’s continued compliance with the Covenants (as defined in Sections 121 and 13 and 14 of this Agreement). In the event that Executive breaches any of the Covenants, Company shall have the right to (a) terminate any further provision of Severance Benefits not yet paid or provided, (b) seek reimbursement from Executive for any and all such Severance Benefits previously paid or provided to Executive, (c) recover from Executive all shares of stock of Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (d) to immediately cancel all Equity Awards the vesting of which was accelerated by reason of the Severance Benefits. No Severance Benefits shall be paid until the 60th day following the Termination Date.
Appears in 1 contract
Samples: Executive Employment Agreement (Inventure Foods, Inc.)