Common use of Termination Apart from Change of Control Clause in Contracts

Termination Apart from Change of Control. If Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason more than sixty (60) days prior to a Change of Control or more than twelve (12) months following a Change of Control, Executive shall be entitled to receive, in lieu of any severance benefits to which Executive may otherwise be entitled under any severance plan or program of the Company, the benefits provided below:

Appears in 22 contracts

Samples: Employment Agreement (Santarus Inc), Employment Agreement (Santarus Inc), Employment Agreement (Santarus Inc)

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Termination Apart from Change of Control. If Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason more than sixty three (603) days months prior to a Change of Control or more than twelve (12) months following a Change of Control, Executive shall be entitled to receive, in lieu of any severance benefits to which Executive may otherwise be entitled under any severance plan or program of the Company, the benefits provided below:

Appears in 21 contracts

Samples: Employment Agreement (Santarus Inc), Employment Agreement (Santarus Inc), Employment Agreement (Santarus Inc)

Termination Apart from Change of Control. If In the event Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason more than sixty (60) days any reason, either prior to the occurrence of a Change of Control or more than twelve after the eighteen (1218) months month period following a Change of Control, then Executive shall be entitled to receive, in lieu of receive severance and any severance other benefits to which Executive only as may otherwise then be entitled established under any severance plan or program of the Company’s existing written severance and Benefits Plans, if any, or pursuant to any other written agreements with the benefits provided below:Company.

Appears in 11 contracts

Samples: Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc)

Termination Apart from Change of Control. If Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason any reason more than sixty one hundred twenty (60120) days prior to the occurrence of a Change of Control or more than twelve (12) months following the occurrence of a Change of Control, then Executive shall not be entitled to receivereceive severance or other benefits pursuant to this Agreement. In such event, in lieu of Executive shall receive all earned but unpaid compensation as may be required by law or pursuant to any severance benefits to which Executive may otherwise be entitled under any severance other effective plan or program agreement of or with the Company, the benefits provided below:Company .

Appears in 7 contracts

Samples: Change of Control Agreement (Amcol International Corp), Change of Control Agreement (Amcol International Corp), Change of Control Agreement (Amcol International Corp)

Termination Apart from Change of Control. If Executive’s 's employment is terminated by the Company without Cause or by Executive for Good Reason more than sixty three (603) days months prior to a Change of Control or more than twelve (12) months following a Change of Control, Executive shall be entitled to receive, in lieu of any severance benefits to which Executive may otherwise be entitled under any severance plan or program of the Company, the benefits provided below:

Appears in 7 contracts

Samples: Employment Agreement (Santarus Inc), Employment Agreement (Santarus Inc), Employment Agreement (Santarus Inc)

Termination Apart from Change of Control. If In the event Executive’s 's employment is terminated by the Company without Cause or by Executive for Good Reason more than sixty (60) days any reason, either prior to the occurrence of a Change of Control or more than after the twelve (12) months month period following a Change of Control, then Executive shall be entitled to receive, in lieu of receive severance and any severance other benefits to which Executive may otherwise be entitled only as established under any severance plan or program of the Company, 's then existing severance and benefits plans or pursuant to other written agreements with the benefits provided below:Company.

Appears in 6 contracts

Samples: Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc)

Termination Apart from Change of Control. If In the event Executive’s 's employment is terminated by the Company without Cause or by Executive for Good Reason more than sixty (60) days any reason, either prior to the occurrence of a Change of Control or more than twelve after the eighteen (1218) months month period following a Change of Control, then Executive shall be entitled to receive, in lieu of receive severance and any severance other benefits to which Executive only as may otherwise then be entitled established under any severance plan or program of the Company's existing written severance and Benefits Plans, if any, or pursuant to any other written agreements with the benefits provided below:Company.

Appears in 6 contracts

Samples: Executive Employment Agreement (Cytokinetics Inc), Executive Employment Agreement (Cytokinetics Inc), Executive Employment Agreement (Cytokinetics Inc)

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Termination Apart from Change of Control. If the Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason more than sixty one hundred twenty (60120) days or more prior to the occurrence of a Change of Control or more than twelve (12) months or more following the occurrence of a Change of Control, Control then the Executive shall not be entitled to receivereceive severance or other benefits pursuant to this Agreement. In such event, in lieu of the Executive shall receive all earned but unpaid compensation as may be required by law (or any severance benefits to which Executive may otherwise be is entitled under any severance plan pursuant to his or program of her offer letter agreement with the Company, the benefits provided below:).

Appears in 2 contracts

Samples: Change of Control Severance Agreement (Spansion Inc.), Control Severance Agreement (Spansion Inc.)

Termination Apart from Change of Control. If Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason more than sixty six (606) days months prior to a Change of Control or more than twelve (12) months following a Change of Control, Executive shall be entitled to receive, in lieu of any severance benefits to which Executive may otherwise be entitled under any severance plan or program of the Company, the benefits provided below:

Appears in 1 contract

Samples: Employment Agreement (Skinmedica Inc)

Termination Apart from Change of Control. If the Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason more than sixty one hundred twenty (60120) days or more prior to the occurrence of a Change of Control or more than twelve (12) months or more following the occurrence of a Change of Control, Control then the Executive shall not be entitled to receivereceive severance or other benefits pursuant to this Agreement. In such event, in lieu of the Executive shall receive all earned but unpaid compensation as may be required by law (or any severance benefits to which Executive may otherwise be is entitled under any severance plan or program of pursuant to his offer letter agreement with the Company, the benefits provided below:).

Appears in 1 contract

Samples: Change of Control Severance Agreement (Spansion Inc.)

Termination Apart from Change of Control. If Executive’s 's employment is terminated by the Company without Cause or by Executive for Good Reason more than sixty six (606) days months prior to a Change of Control or more than twelve (12) months following a Change of Control, Executive shall be entitled to receive, in lieu of any severance benefits to which Executive may otherwise be entitled under any severance plan or program of the Company, the benefits provided below:

Appears in 1 contract

Samples: Employment Agreement (Cancervax Corp)

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