Right to Severance Payment. If there has been a Change of Control of the Corporation and Employee is an active employee or an officer of the Corporation at the time of the Change of Control, and thereafter any of the following occur within seven hundred thirty (730) calendar days from and including the date of the Change of Control, (a) Employee's employment or officership is involuntarily terminated by the Corporation for any reason (other than Just Cause or Employee's death or Disability), (b) there shall be a reduction in Employee's base salary or other Compensation as in effect immediately prior to the Change of Control, (c) Employee is placed in any position of lesser stature than that of Chief Financial Officer of the Corporation; is assigned duties inconsistent with the Chief Financial Officer or duties which, if performed, would result in a significant change in the nature or scope of powers, authority, functions or duties inherent in such positions on the date hereof; is assigned performance requirements or working conditions which would result in a significant change in the nature of Employee's duties or work performance in effect on the date hereof; or is accorded treatment on a general basis that is in derogation of Employee's status as Chief Financial Officer, (d) any act by the Corporation which under Kansas law or statute would constitute a constructive termination of Employee's employment, or (e) any requirement of the Corporation that the location at which Employee perform Employee's principal duties for the Corporation be outside a radius of fifty (50) miles from the location at which Employee performed such duties immediately prior to the Change of Control; then the Agreement shall be deemed to have been terminated by the Corporation otherwise than by reason of Just Cause and the Corporation shall pay to Employee within thirty (30) days after notice from Employee to such effect a lump sum cash Severance Payment equal to the amount specified in Section II.2.2
Right to Severance Payment. You shall be entitled to receive a Severance Payment from the Company in the amount provided in Section 2.2 if (x) there has been a Change in Control, (y) you are an active employee at the time of the Change in Control, and (z) within two years from and including the date of the Change in Control, your employment is terminated by the Employer for any reason (other than Just Cause or your death or Disability), or you terminate your employment for any reason. In addition, if prior to a Change in Control (i) your employment is terminated by the Employer for any reason (other than Just Cause or your death or Disability) or (ii) you terminate your employment following the occurrence of any Enumerated Event, and you reasonably demonstrate that such termination or Enumerated Event, as the case may be, (a) occurred at the request of a Person who has indicated an intention or taken steps reasonably calculated to effect a Change in Control or (b) otherwise occurred in connection with, or in anticipation of, a Change in Control (whether or not a Change in Control actually occurs), then for all purposes of this Agreement the termination of your employment shall be deemed to have occurred immediately following a Change in Control. There shall be an irrebuttable presumption that (i) if your employment is terminated by the Employer for any reason (other than Just Cause or your death or Disability) within ninety (90) calendar days prior to the date of a Change in Control, or (ii) if you terminate your employment following the occurrence of an Enumerated Event which occurs within ninety (90) calendar days prior to the date of a Change in Control, you will have made (in either case (i) or (ii)) the showing required by the preceding sentence. For purposes of subclause (y) above, you will still be considered to be an active employee if you are on sick leave, military leave or any other leave of absence approved by the Employer.
Right to Severance Payment. Upon the occurrence of a Change in Control of the Bank or the Company followed, within twenty-four (24) months thereafter, by the termination of Executive’s employment for a reason specified in Section 2.2 below, the Executive shall be entitled to the Severance Payment provided under Section 2.5. In the event termination occurs by reason of death, voluntary termination other than for reasons specified in Section 2.2, Disability, or for Just Cause, the Executive shall not be entitled to a Severance Payment. Notwithstanding the foregoing, the Executive shall not be entitled to any payments or benefits under this Agreement unless and until the Executive executes a release of claims against the Bank, the Company and any affiliate, and their officers, directors, successors and assigns, releasing said persons from any and all claims, rights, demands, causes of action, suits, arbitrations or grievances relating to the employment relationship, including claims under the Age Discrimination in Employment Act (“ADEA”), but not including claims for benefits under tax-qualified plans or other benefit plans in which the Executive is vested, claims for benefits required by applicable law or claims with respect to obligations set forth in this Agreement that survive the termination of this Agreement. In order to comply with the requirements of Code Section 409A and the ADEA, the release shall be provided to the Executive no later than the date of the Executive’s Separation from Service and the Executive shall have no fewer than twenty-one (21) days to consider the release, and following the Executive’s execution of the release, the Executive shall have seven (7) days to revoke said release.
Right to Severance Payment. You shall be entitled to receive a Severance Payment from the Company in the amount provided in Section 2.2 if (i) there has been a Change of Control, (ii) you are an active employee (or on sick leave, military leave or any other employer-approved leave of absence) at the time of the Change of Control, and (iii) within 730 calendar days from and including the date of the Change of Control, your employment is involuntarily terminated for any reason (other than for Just Cause or your death or retirement after age 65) or you voluntarily terminate your employment following the occurrence of a Constructive Termination Event.
Right to Severance Payment. You shall be entitled to receive a Severance Payment from the Company in the amount provided in Section 2.2 if (a) there has been a Change of Control of the Company, (b) you are an active employee at the time of the Change of Control, and (c) within three hundred sixty five (365) calendar days from and including the date of the Change of Control, your employment is involuntarily terminated for any reason (other than for Cause or your death or Disability), or you voluntarily terminate your employment for Good Reason. For purposes of subclause (b) above, you will still be considered to be an active employee if you are on sick leave, military leave or any other leave of absence approved by the Company or any of its Subsidiaries.
Right to Severance Payment. You shall be entitled to receive a Severance Payment from the Company in the amount provided in Section 2.2 if the following circumstances apply:
(a) (i) there has been a Change in Control, (ii) you are an active employee at the time of the Change in Control, and (iii) within two years from and including the date of the Change in Control, your employment is terminated by the Employer for any reason (other than Just Cause or your death or Disability), or you terminate your employment for Good Reason;
(b) you execute a separate release agreement, in substantially the form attached as Exhibit 1 hereto (“Release Agreement”), subject to applicable law in effect at the time of execution, in accordance with the terms and timing set forth therein; and
(c) you abide by the following restrictive covenant obligations:
Right to Severance Payment. You shall be entitled to receive a Severance Payment from the Company in the amount provided in Section 2.2 if, (a) your employment is involuntarily terminated by the Company other than for Cause, Disability or your death, or (b) you voluntarily terminate your employment for Good Reason.
Right to Severance Payment. The Employee shall be entitled to receive from the Company a Severance Payment in the amount provided in Section 2.3 if there occurs a Change of Control of the Company and if either (i) within five (5) years thereafter or (ii) before the Change of Control but at the request of a third party who has taken steps reasonably calculated to effect a Change of Control or otherwise in connection with or anticipation of a Change of Control, the Employee's employment by the Company shall terminate for any reason specified in Section 2.2, whether the termination is voluntary or involuntary, but excluding any termination as a result of the Employee's death, Retirement, or Disability or a termination for Just Cause.
Right to Severance Payment. Upon the occurrence of a Change in Control of the Bank or the Company followed, within thirty-six (36) months thereafter, by the termination of Executive’s employment for any reason specified in Section 2.2 below, Executive shall be entitled to the Severance Payment provided under Section 2.5 hereof. In the event termination occurs by reason of death, voluntary retirement, voluntary termination other than for reasons specified in Section 2.2, total and permanent disability, or for Just Cause, the Executive shall not be entitled to a Severance Payment.
Right to Severance Payment
