Common use of Right to Receive Termination Benefits Clause in Contracts

Right to Receive Termination Benefits. Executive shall be entitled to receive the Termination Benefits described in Section 4 if the requirements of any of the following subsections (a), (b) or (c) are satisfied: (a) Executive shall be entitled to receive the Termination Benefits if (i) a Change in Control occurs during the Term of this Agreement and (ii) within two years after the Control Change Date either (x) the Company terminates Executive’s employment with the Company without Cause or (y) Executive resigns from the employment of the Company and Executive has Good Reason to resign from the Company. (b) Executive shall be entitled to receive the Termination Benefits if (i) a Change in Control occurs during the Term of this Agreement and (ii) Executive resigns for any reason or no reason during a thirty-day period that begins on the first anniversary after the Control Change Date. (c) Executive shall be entitled to receive the Termination Benefits if (i) during the Term of this Agreement the Company terminates Executive’s employment without Cause and (ii) Executive’s employment is terminated in contemplation of a Change in Control. No amounts will be payable under this Agreement unless Executive’s employment with the Company terminates or is terminated as described in one of the foregoing subsections and either (a), (b) or (c), as applicable, constitutes a Separation from Service with the Company.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Insteel Industries Inc), Change in Control Severance Agreement (Insteel Industries Inc)

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Right to Receive Termination Benefits. Executive shall be entitled to receive the Termination Benefits described in Section 4 if the requirements of any of the following subsections subsection (a), ) or (b) or (c) are satisfied: (a) Executive shall be entitled to receive the Termination Benefits if (i) a Control Change in Control Date occurs during the Term of this Agreement and (ii) within two years twenty-four months after the Control Change Date either (x) the Company terminates Executive’s employment with the Company without Cause or (y) Executive resigns from the employment of the Company and Executive has Good Reason to resign from the Company. (b) Executive shall be entitled to receive the Termination Benefits if (i) a Change in Control occurs during the Term of this Agreement the Company terminates Executive’s employment with the Company without Cause and (ii) Executive resigns for any reason or no reason during a thirty-day period that begins on the first anniversary after the Control Change DateDate occurs within nine months after Executive’s termination by the Company. (c) Executive shall be entitled to receive the Termination Benefits if (i) during the Term of this Agreement the Company terminates Executive’s employment with the Company without Cause and (ii) on the date of Executive’s employment termination the Company is terminated negotiating with, or is in contemplation of discussions with, a Person regarding a transaction that, if completed, would constitute a Change in Control. No amounts will be payable under this Agreement with respect to a Change in Control that occurs while a case is pending against the Company under the United States Bankruptcy Code. No Termination Benefits will be payable unless Executive’s employment with the Company terminates or is terminated as described in one of the foregoing subsections and either (a), (b) or (c), as applicable, constitutes a Separation from Service with the Companysubsections.

Appears in 2 contracts

Samples: Change of Control Agreement (Overnite Corp), Change of Control Agreement (Overnite Corp)

Right to Receive Termination Benefits. Executive shall be entitled to receive the Termination Benefits described in Section 4 if the requirements of any of the following subsections (a), (b) or (c) are satisfied: (a) Executive shall be entitled to receive the Termination Benefits if (i) a Change in Control occurs during the Term of this Agreement and (ii) within two years after the Control Change Date either (x) the Company terminates Executive’s 's employment with the Company without Cause or (y) Executive resigns from the employment of the Company and Executive has Good Reason to resign from the Company. (b) Executive shall be entitled to receive the Termination Benefits if (i) a Change in Control occurs during the Term of this Agreement and (ii) Executive resigns for any reason or no reason during a thirty-thirty day period that begins on the first anniversary after the Control Change Date. (c) Executive shall be entitled to receive the Termination Benefits if (i) during the Term of this Agreement the Company terminates Executive’s 's employment without Cause and (ii) Executive’s 's employment is terminated in contemplation of a Change in Control. No amounts will be payable under this Agreement unless Executive’s 's employment with the Company terminates or is terminated as described in one of the foregoing subsections and either (a), (b) or (c), as applicable, constitutes a Separation from Service with the Companysubsections.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Insteel Industries Inc), Change in Control Severance Agreement (Insteel Industries Inc)

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Right to Receive Termination Benefits. Executive shall be entitled to receive the Termination Benefits described in Section 4 if the requirements of any of the following subsections (a), (b) or (c) are satisfied: (a) a. Executive shall be entitled to receive the Termination Benefits if (i) a Control Change in Control Date occurs during the Term of this Agreement and (ii) within two years twenty-four months after the Control Change Date either (x) the REIT terminates Executive's employment with the REIT without Cause or the Company terminates Executive’s 's employment with the Company without Cause or (y) Executive resigns from the employment of the REIT and the Company and Executive has Good Reason to resign from the REIT or Good Reason to resign from the Company. (b) Executive shall be entitled to receive the Termination Benefits if (i) a Change in Control occurs during the Term of this Agreement and (ii) Executive resigns for any reason or no reason during a thirty-day period that begins on the first anniversary after the Control Change Date. (c) b. Executive shall be entitled to receive the Termination Benefits if (i) during the Term of this Agreement the REIT terminates Executive's employment with the REIT without Cause or the Company terminates Executive’s 's employment with the Company without Cause and (ii) a Control Change Date occurs within nine months after Executive’s 's termination by either the REIT or the Company. c. Executive shall be entitled to receive the Termination Benefits if (i) during the Term of this Agreement the REIT terminates Executive's employment with the REIT without Cause or the Company terminates Executive's employment with the Company without Cause and (ii) on the date of Executive's termination the REIT or the Company is terminated negotiating with, or is in contemplation of discussions with, a Person regarding a transaction that, if completed, would constitute a Change in Control. No amounts will be payable under this Agreement unless Executive’s 's employment with the REIT, the Company terminates or both is terminated as described in one of the foregoing subsections and either (a), (b) or (c), as applicable, constitutes a Separation from Service with the Companysubsections.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Windrose Medical Properties Trust)

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