Termination as a Result of Death or Disability. The Executive’s employment with the Company shall terminate automatically upon the Executive’s death during the Employment Term. If the Disability of the Executive has occurred during the Employment Term (pursuant to the definition of “Disability” set forth below), the Company may give to the Executive written notice of its intention to terminate the Executive’s employment. In such event, the Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Company (the “Disability Effective Date”), provided that, within the 30 days after receipt of notice, the Executive shall not have returned to substantial performance of the Executive’s duties. For purposes of this Agreement, “Disability” shall mean the absence of the Executive from the Executive’s duties with the Company for 120 consecutive days, or a total of 180 days in any 12-month period, as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician jointly selected by the Company and the Executive or the Executive’s legal representative, or, if the parties cannot agree on the selection of such physician then each shall choose a physician and the two physicians shall jointly select a physician to make such binding determination.
Termination as a Result of Death or Disability. If Executive’s employment terminates exclusively as a result of Executive’s death or a Disability, Executive agrees that no member of the Post Group will have any obligation to Executive under this § 6, and that Executive shall be entitled to only those benefits set forth in § 4.2.
Termination as a Result of Death or Disability. In the event the Participant’s Qualified Status is terminated during the Performance Period as a result of death or Disability, the RSUs granted to the Participant hereunder shall remain outstanding throughout the Performance Period and until the Vesting Date (as defined below) and shall vest, if at all, on the Vesting Date in accordance with Sections 1(c) or (d).
Termination as a Result of Death or Disability. If the Employee’s employment with the Company is terminated as a result of Death or by the Employee due to Disability, then the Employee (or his estate) shall be entitled to the following severance benefits:
(i) The vesting of all stock options and shares of restricted stock granted by the Company to the Employee prior to the Termination Date shall be accelerated such that the Employee is vested in the number of stock options and shares of restricted stock as the Employee would have been vested had the Employee’s employment with the Company continued for a period of twelve (12) months following the Termination Date.
Termination as a Result of Death or Disability. If your employment or service terminates by reason of your death or Disability (at a time when you could not have been terminated for Cause), then the unvested portion of this Option shall automatically terminate immediately and the vested portion of this Option shall automatically terminate 12 months after such termination.
Termination as a Result of Death or Disability. In the event of your termination of employment as a result of your death or Disability (as defined in Section 2(q) of the Plan), any unvested Units shall immediately vest as of the date of such termination for death or Disability.
Termination as a Result of Death or Disability. In the event Optionee’s employment or service with the Company or any Parent or Subsidiary is terminated as a result of Optionee’s death or Disability, any portion of the Option that has vested as of the Termination Date shall be exercisable in whole or in part for a period of one year following the Termination Date. Upon expiration of such one-year period, any unexercised portion of the Option shall terminate in full.
Termination as a Result of Death or Disability. Upon termination of the Employee’s employment by the Company as a result of death or Disability, the Company shall pay to the Employee the following: (1) any unpaid base salary the Employee has earned through the date of termination, (2) any unpaid annual bonus that the Employee has earned with respect to a year ending prior to such termination, and (3) 12 months of the Employee’s then current base salary paid on the Company’s normal payroll dates, less in the case of termination as a result of Disability any amounts paid to Employee as a result of disability insurance policies maintained by the Company.
Termination as a Result of Death or Disability a. In the event that your employment is terminated as a result of your Disability, you will be eligible to receive the Non-CIC Bonus Severance, provided the Separation Agreement (as discussed in Section 7.5) has become effective.
b. In the event that your employment is terminated as a result of your death, you will not be eligible to receive any Severance Benefits pursuant to this Agreement.
Termination as a Result of Death or Disability. In the event that Executive’s employment is terminated due to death or Disability, twenty-five percent (25%) of Executive’s then unvested Equity Awards shall vest.
