Common use of Resignation of Executive Clause in Contracts

Resignation of Executive. If a Change in Control shall occur and if within one hundred eighty (180) days after the effective date of a Change in Control (or thirty (30) days after the completion of the conversion of the computer systems if such conversion is later than one hundred eighty (180) days after the effective date of a Change in Control, in either event, the “Transition Period”) there shall be: a. Any involuntary termination of Executive's employment (other than for Cause); b. Any reduction in Executive's title, responsibilities or authority, including such title,responsibilities or authority as such may be increased from time to time; c. Any reduction in Executive's Base Salary in effect immediately prior to a Change in Control, orany failure to provide Executive with benefits at least as favorable as those enjoyed by Executiveunder any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally; d. Any reassignment of Executive beyond a thirty (30) mile commute by automobile fromBoyertown, Pennsylvania; or e. Any requirement that Executive travel in performance of his duties on behalf of NPB or anAffiliate for a greater period of time during any year than was required of Executive during theyear preceding the year in which the Change in Control occurred (each of the foregoing, a “Triggering Event”); then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of any Triggering Event within the Transition Period, Executive may resign from Employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing to NPB, in which case Executive shall be entitled to a lump sum cash severance payment equal to 150% of Executive's Base Salary in effect immediately prior to a Change in Control, which Employer shall pay to Executive within fifteen (15) days of Executive's termination of employment. Executive shall not be required to mitigate the amount of any payment provided for in the preceding paragraph by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in the preceding paragraph be reduced by any compensation earned by Executive as the result of employment by another employer or by reason of Executive's receipt of or right to receive any retirement or other benefits after the date of termination of employment or otherwise, except as otherwise provided therein.

Appears in 1 contract

Samples: Executive Agreement (National Penn Bancshares Inc)

AutoNDA by SimpleDocs

Resignation of Executive. If a Change in Control shall occur and if within one hundred eighty (180) days after the effective date of a Change in Control (or thirty (30) days after the completion of the conversion of the computer systems if such conversion is later than one hundred eighty (180) days after the effective date of a Change in Control, in either event, the “Transition Period”) there shall be: a. Any involuntary termination of Executive's employment (other than for Cause); b. Any reduction in Executive's title, responsibilities or authority, including such title,, responsibilities or authority as such may be increased from time to time; c. Any reduction in Executive's Base Salary in effect immediately prior to a Change in Control, orany or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executiveunder Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally; d. Any reassignment of Executive beyond a thirty (30) mile commute by automobile fromBoyertownfrom Allentown, Pennsylvania; or e. Any requirement that Executive travel in performance of his duties on behalf of NPB or anAffiliate an Affiliate for a greater period of time during any year than was required of Executive during theyear the year preceding the year in which the Change in Control occurred (each of the foregoing, a “Triggering Event”); then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days 180)days of the occurrence of any Triggering Event within the Transition Period, Executive may resign from Employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing to NPB, in which case Executive shall be entitled to a lump sum cash severance payment equal to 150200% of Executive's Base Salary in effect immediately prior to a Change in Control, which Employer shall pay to Executive within fifteen (15) days of Executive's termination of employment. Executive shall not be required to mitigate the amount of any payment provided for in the preceding paragraph by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in the preceding paragraph be reduced by any compensation earned by Executive as the result of employment by another employer or by reason of Executive's receipt of or right to receive any retirement or other benefits after the date of termination of employment or otherwise, except as otherwise provided therein.

Appears in 1 contract

Samples: Executive Agreement (National Penn Bancshares Inc)

Resignation of Executive. If a Change in Control shall occur and if within one hundred eighty (180) days after the effective date of a Change in Control (or thirty (30) days after the completion of the conversion of the computer systems if such conversion is later than one hundred eighty (180) days after the effective date of a Change in Control, in either event, the “Transition Period”) there shall be: a. Any involuntary termination of Executive's employment (other than for Cause); b. Any reduction in Executive's title, responsibilities or authority, including such title,, responsibilities or authority as such may be increased from time to time; c. Any reduction in Executive's Base Salary in effect immediately prior to a Change in Control, orany or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executiveunder Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally; d. Any reassignment of Executive beyond a thirty (30) mile commute by automobile fromBoyertownfrom Boyertown, Pennsylvania; or e. Any requirement that Executive travel in performance of his duties on behalf of NPB or anAffiliate an Affiliate for a greater period of time during any year than was required of Executive during theyear the year preceding the year in which the Change in Control occurred (each of the foregoing, a “Triggering Event”); then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of any Triggering Event within the Transition Period, Executive may resign from Employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing to NPB, in which case Executive shall be entitled to a lump sum cash severance payment equal to 150200% of Executive's Base Salary in effect immediately prior to a Change in Control, which Employer shall pay to Executive within fifteen (15) days of Executive's termination of employment. Executive shall not be required to mitigate the amount of any payment provided for in the preceding paragraph by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in the preceding paragraph be reduced by any compensation earned by Executive as the result of employment by another employer or by reason of Executive's receipt of or right to receive any retirement or other benefits after the date of termination of employment or otherwise, except as otherwise provided therein.

Appears in 1 contract

Samples: Executive Agreement (National Penn Bancshares Inc)

Resignation of Executive. If a Change in Control shall occur and if within one hundred eighty (180) days after the effective date of a Change in Control (or thirty (30) days after the completion of the conversion of the computer systems if such conversion is later than one hundred eighty (180) days after the effective date of a Change in Control, in either event, the "Transition Period") there shall be: a. Any involuntary termination of Executive's employment Employment (other than for Cause); b. Any reduction in Executive's title, responsibilities or authority, including such title,, responsibilities or authority as such may be increased from time to time; c. Any reduction in Executive's Base Salary in effect immediately prior to a Change in Control, orany or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executiveunder Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally; d. Any reassignment of Executive beyond a thirty (30) mile commute by automobile fromBoyertownfrom Boyertown, Pennsylvania; or e. Any requirement that Executive travel in performance of his duties on behalf of NPB or anAffiliate an Affiliate for a greater period of time during any year than was required of Executive during theyear the year preceding the year in which the Change in Control occurred (each of the foregoing, a "Triggering Event"); then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of any Triggering Event within the Transition Period, Executive may resign from Employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing to NPB, in which case Executive shall be entitled to a lump sum cash severance payment equal to 150100% of Executive's Base Salary in effect immediately prior to a Change in Control, which Employer shall pay to Executive within fifteen (15) days of Executive's termination of employmentEmployment. Executive shall not be required to mitigate the amount of any payment provided for in the preceding paragraph by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in the preceding paragraph be reduced by any compensation earned by Executive as the result of employment by another employer or by reason of Executive's receipt of or right to receive any retirement or other benefits after the date of termination of employment Employment or otherwise, except as otherwise provided therein.

Appears in 1 contract

Samples: Executive Agreement (National Penn Bancshares Inc)

Resignation of Executive. If a Change in Control shall occur and if within one hundred eighty (180) days after the effective date of a Change in Control (or thirty (30) days after the completion of the conversion of the computer systems if such conversion is later than one hundred eighty (180) days after the effective date of a Change in Control, in either event, the "Transition Period") there shall be: a. Any involuntary termination of Executive's employment (other than for Cause); b. Any reduction in Executive's title, responsibilities or authority, including such title,, responsibilities or authority as such may be increased from time to time; c. Any reduction in Executive's Base Salary in effect immediately prior to a Change in Control, orany or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executiveunder Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally; d. Any reassignment of Executive beyond a thirty (30) mile commute by automobile fromBoyertownfrom Boyertown, Pennsylvania; or e. Any requirement that Executive travel in performance of his duties on behalf of NPB or anAffiliate an Affiliate for a greater period of time during any year than was required of Executive during theyear the year preceding the year in which the Change in Control occurred (each of the foregoing, a "Triggering Event"); then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of any Triggering Event within the Transition Period, Executive may resign from Employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing to NPB, in which case Executive shall be entitled to a lump sum cash severance payment equal to 150____% of Executive's Base Salary in effect immediately prior to a Change in Control, which Employer shall pay to Executive within fifteen (15) days of Executive's termination of employment. Executive shall not be required to mitigate the amount of any payment provided for in the preceding paragraph by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in the preceding paragraph be reduced by any compensation earned by Executive as the result of employment by another employer or by reason of Executive's receipt of or right to receive any retirement or other benefits after the date of termination of employment or otherwise, except as otherwise provided therein.

Appears in 1 contract

Samples: Executive Agreement (National Penn Bancshares Inc)

AutoNDA by SimpleDocs

Resignation of Executive. If a Change in Control shall occur and if within one hundred onehundred eighty (180) days after the effective date of a Change in Control (or thirty orthirty (30) days after the completion of the conversion of the computer systems if such conversion is later than one hundred eighty (180) days after the effective date of a Change in Control, in either event, the “Transition Period”) there shall be: a. Any involuntary termination of Executive's employment (other than for CauseforCause); b. Any reduction in Executive's title, responsibilities or authority, including such includingsuch title,, responsibilities or authority as such may be increased from time to timeto time; c. Any reduction in Executive's Base Salary in effect immediately prior to a Change aChange in Control, orany or any failure to provide Executive with benefits at least atleast as favorable as those enjoyed by Executiveunder Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally; d. Any reassignment of Executive beyond a thirty (30) mile commute by automobile fromBoyertownbyautomobile from Boyertown, Pennsylvania; or e. Any requirement that Executive travel in performance of his duties on behalf onbehalf of NPB or anAffiliate an Affiliate for a greater period of time during any year than yearthan was required of Executive during theyear the year preceding the year in which the Change in Control occurred (each of the foregoing, a “Triggering Event”); then, at the option of Executive, exercisable by Executive within one hundred eighty (180eighty(180) days of the occurrence of any Triggering Event within the Transition Period, ,Executive may resign from Employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing to NPB, in which case Executive shall be entitled to a lump sum cash severance payment equal to 150% of Executive's Base Salary in effect immediately prior to a Change in Control, which Employer shall pay to Executive within fifteen (15) days of Executive's termination of employment. Executive shall not be required to mitigate the amount of any payment provided for providedfor in the preceding paragraph by seeking other employment or otherwise, nor shall norshall the amount of any payment or benefit provided for in the preceding paragraph be reduced by any compensation earned by Executive as the result of employment by another employer or by reason of Executive's receipt of or right to receive any retirement or other benefits after the date of termination of employment or otherwise, except as otherwise provided therein.

Appears in 1 contract

Samples: Executive Agreement (National Penn Bancshares Inc)

Resignation of Executive. If a Change in Control shall occur and if within one hundred eighty (180) days after the effective date of a Change in Control (or thirty (30) days after the completion of the conversion of the computer systems if such conversion is later than one hundred eighty (180) days after the effective date of a Change in Control, in either event, the “Transition Period”) there shall be: a. Any involuntary termination of Executive's employment (other than for Cause); b. Any reduction in Executive's title, responsibilities or authority, including such title,, responsibilities or authority as such may be increased from time to time; c. Any reduction in Executive's Base Salary in effect immediately prior to a Change in Control, orany or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executiveunder Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally; d. Any reassignment of Executive beyond a thirty (30) mile commute by automobile fromBoyertownfrom Bethlehem, Pennsylvania; or e. Any requirement that Executive travel in performance of his duties on behalf of NPB or anAffiliate an Affiliate for a greater period of time during any year than was required of Executive during theyear the year preceding the year in which the Change in Control occurred (each of the foregoing, a “Triggering Event”); then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of any Triggering Event within the Transition Period, Executive may resign from Employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing to NPB, in which case Executive shall be entitled to a lump sum cash severance payment equal to 150% of Executive's Base Salary in effect immediately prior to a Change in Control, which Employer shall pay to Executive within fifteen (15) days of Executive's termination of employment. Executive shall not be required to mitigate the amount of any payment provided for in the preceding paragraph by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in the preceding paragraph be reduced by any compensation earned by Executive as the result of employment by another employer or by reason of Executive's receipt of or right to receive any retirement or other benefits after the date of termination of employment or otherwise, except as otherwise provided therein.

Appears in 1 contract

Samples: Executive Agreement (National Penn Bancshares Inc)

Resignation of Executive. If a Change in Control shall occur and if within one hundred eighty (180) days after the effective date of a Change in Control (or thirty (30) days after the completion of the conversion of the computer systems if such conversion is later than one hundred eighty (180) days after the effective date of a Change in Control, in either event, the “Transition Period”) there shall be: a. Any involuntary termination of Executive's employment (other than for Cause); b. Any reduction in Executive's title, responsibilities or authority, including such title,, responsibilities or authority as such may be increased from time to time; c. Any reduction in Executive's Base Salary in effect immediately prior to a Change in Control, orany or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executiveunder Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally; d. Any reassignment of Executive beyond a thirty (30) mile commute by automobile fromBoyertownfrom Boyertown, Pennsylvania; or e. Any requirement that Executive travel in performance of his duties on behalf of NPB or anAffiliate an Affiliate for a greater period of time during any year than was required of Executive during theyear the year preceding the year in which the Change in Control occurred (each of the foregoing, a “Triggering Event”); then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of any Triggering Event within the Transition Period, Executive may resign from Employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing to NPB, in which case Executive shall be entitled to a lump sum cash severance payment equal to 150% of Executive's Base Salary in effect immediately prior to a Change in Control, which Employer shall pay to Executive within fifteen (15) days of Executive's termination of employment. Executive shall not be required to mitigate the amount of any payment provided for providedfor in the preceding paragraph by seeking other employment or otherwise, nor shall the amount of any payment or benefit provided for in the preceding paragraph be reduced by any compensation earned by Executive as the result of employment by another employer or by reason of Executive's receipt of or right to receive any retirement or other benefits after the date of termination of employment or otherwise, except as otherwise provided therein.

Appears in 1 contract

Samples: Executive Agreement (National Penn Bancshares Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!