Common use of Termination by Garan Other Than for Cause Clause in Contracts

Termination by Garan Other Than for Cause. If Garan for any reason other than for Cause as defined in Annex I to this Employment Agreement terminates your employment prior to October 1, 2003, or fails to renew the term of this Employment Agreement on substantially the same terms: 3.2.a Garan shall pay to you (i) any earned but unpaid Base Compensation and executive employee benefits provided pursuant to Section 2.2 as of the effective date of termination or last day of the Employment Term, within 5 business days of such date and (ii) in the event that Garan pays a bonus to any senior executive with respect to the Fiscal Year during which the effective date of such termination or Term End occurs, a fractional part of your last Annual Bonus determined by the Board in accordance with Section 2.1, equal to the number of months in the Fiscal Year in which such termination or Term End occurred, to and including the month in which the effective date of termination occurs or Term End divided by 12, payable at the same time any bonus is paid to any senior executive, 3.2.x. Xxxxx shall pay to you an amount equal to the greater of (i) 2 times your Base Compensation plus 2 times your Annual Bonus as each was last determined by the Board in accordance with Section 2.1 prior to the date of such termination or Term End and (ii) 3 times your Base Compensation as last determined by the Board in accordance with Section 2.1 prior to the date of such termination or Term End. Such amount shall be payable in cash, one-half within 5 business days of the effective date of termination or last day of the Employment Term and the balance, without interest, on the first anniversary of the initial payment. 3.2.x. Xxxxx shall continue to provide you with executive employee benefits pursuant to Section 2.2, or alternatively, shall provide you with life insurance, medical reimbursement, disability, and accidental death and dismemberment benefit coverage at levels no less favorable than those in effect for you pursuant to Section 2.2 on the date of such termination or Term End if such executive employee benefits were being provided to you by Garan immediately prior to such termination or Term End, for a period equal to the sooner of (i) 2 years following the date of termination of your employment or September 30, 2003, whichever comes later, or (ii) until another employer provides you with benefits substantially comparable to the benefits provided pursuant to this Section 3.2.c. 3.3.

Appears in 1 contract

Samples: Employment Agreement (Garan Inc)

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Termination by Garan Other Than for Cause. If Garan for any reason other than for Cause as defined in Annex I to this Employment Agreement terminates your employment prior to October 1, 2003, or fails to renew the term of this Employment Agreement on substantially the same terms: 3.2.a Garan 3.2.x. Xxxxx shall pay to you (i) any earned but unpaid Base Compensation and executive employee benefits provided pursuant to Section 2.2 as of the effective date of termination or last day of the Employment Term, within 5 business days of such date and (ii) in the event that Garan pays a bonus to any senior executive with respect to the Fiscal Year during which the effective date of such termination or Term End occurs, a fractional part of your last Annual Bonus determined by the Board in accordance with Section 2.1, equal to the number of months in the Fiscal Year in which such termination or Term End occurred, to and including the month in which the effective date of termination occurs or Term End divided by 12, payable at the same time any bonus is paid to any senior executive, . 3.2.x. Xxxxx shall pay to you an amount equal to the greater of (i) 2 times your Base Compensation plus 2 times your Annual Bonus as each was last determined by the Board in accordance with Section 2.1 prior to the date of such termination or Term End and (ii) 3 times your Base Compensation as last determined by the Board in accordance with Section 2.1 prior to the date of such termination or Term End. Such amount shall be payable in cash, one-half within 5 business days of the effective date of termination or last day of the Employment Term and the balance, without interest, on the first anniversary of the initial payment. 3.2.x. Xxxxx shall continue to provide you with executive employee benefits pursuant to Section 2.2, or alternatively, shall provide you with life insurance, medical reimbursement, disability, and accidental death and dismemberment benefit coverage at levels no less favorable than those in effect for you pursuant to Section 2.2 on the date of such termination or Term End if such executive employee benefits were being provided to you by Garan immediately prior to such termination or Term End, for a period equal to the sooner of (i) 2 years following the date of termination of your employment or September 30, 2003, whichever comes later, or (ii) until another employer provides you with benefits substantially comparable to the benefits provided pursuant to this Section 3.2.c. 3.3.

Appears in 1 contract

Samples: Employment Agreement (Garan Inc)

Termination by Garan Other Than for Cause. If Garan for any reason other than for Cause as defined in Annex I to this Employment and Consulting Agreement terminates your employment prior to October 1, 2003, or fails to renew the term of this Employment Agreement on substantially the same terms: 3.2.a Garan 3.2.x. Xxxxx shall pay to you (i) any earned but unpaid Base Compensation and executive employee benefits provided pursuant to Section 2.2 as of the effective date of termination or last day of the Employment Termtermination, within 5 business days of such date and (ii) in the event that Garan pays a bonus to any senior executive with respect to the Fiscal Year during which the effective date of such termination or Term End occurs, a fractional part of your last Annual Bonus determined by the Board in accordance with Section 2.1, equal to the number of months in the Fiscal Year in which such termination or Term End occurred, to and including the month in which the effective date of termination occurs or Term End divided by 12, payable at the same time any bonus is paid to any senior executive, . 3.2.x. Xxxxx shall pay to you an amount equal to (i) the greater of (ix) 2 times your Base Compensation plus 2 times your Annual Bonus as each was last determined by the Board in accordance with Section 2.1 prior to the date of such termination or Term End and (iiy) 3 times your Base Compensation as last determined by the Board in accordance with Section 2.1 prior to the date of such termination or and (ii) 3 times your Annual Consulting Payment as determined by the Board in accordance with Section 4.2 (assuming the Consulting Term Endcommenced on the date of termination and you are receiving at least the minimum Annual Consulting Payment). Such amount shall be payable in cash, one-half within 5 business days of the effective date of termination or last day of the Employment Term and the balance, without interest, on the first anniversary of the initial payment. 3.2.x. Xxxxx shall continue to provide you with executive employee benefits pursuant to Section 2.2, or alternatively, shall provide you with life insurance, medical reimbursement, disability, and accidental death and dismemberment benefit coverage at levels no less favorable than those in effect for you pursuant to Section 2.2 on the date of such termination or Term End if such executive employee benefits were being provided to you by Garan immediately prior to such termination or Term Endtermination, for a period equal to the sooner of (i) 2 years following the date of termination of your employment or September 30, 2003, whichever comes later, or (ii) until another employer provides you with benefits substantially comparable to the benefits provided pursuant to this Section 3.2.c. 3.3.

Appears in 1 contract

Samples: Garan Inc

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Termination by Garan Other Than for Cause. If Garan terminates your employment prior to or at the Term End for any reason other than for Cause as defined in Annex I to this Employment Agreement terminates your employment prior to October 1, 2003, or fails to renew and the term provisions of this Employment Agreement on substantially the same termsSection 1.3.c.3 do not apply: 3.2.a Garan 3.2.x. Xxxxx shall pay to you (i) any earned but unpaid Base Compensation and executive employee benefits provided pursuant to Section 2.2 as of the effective date of termination or last day of the Employment Termtermination, within 5 business days of such date and (ii) in the event that Garan pays a bonus to any senior executive with respect to the Fiscal Year during which the effective date of such termination or Term End occurs, a fractional part of your last Annual Bonus determined by the Board in accordance with Section 2.1, equal to the number of months in the Fiscal Year in which the effective date of such termination or Term End occurred, to and including the month in which the effective date of termination occurs or Term End divided by 12, payable at the same time any bonus is paid to any senior executive, 3.2.x. Xxxxx shall pay to you an amount equal to the greater of (i) 2 3 times your Base Compensation plus 2 3 times your Annual Bonus as each was last determined by the Board in accordance with Section 2.1 prior to the date of such termination or Term End and (ii) 3 times your Base Compensation as last determined by the Board in accordance with Section 2.1 prior to the date of such termination or Term Endtermination. Such amount shall be payable in cash, one-half within 5 business days of the effective date of termination or last day of the Employment Term and the balance, without interest, on the first anniversary of the initial payment. 3.2.x. Xxxxx shall continue to provide you with executive employee benefits pursuant to Section 2.2, or alternatively, shall provide you with life insurance, medical reimbursement, disability, and accidental death and dismemberment benefit coverage at levels no less favorable than those in effect for you pursuant to Section 2.2 on the effective date of such termination or Term End if such executive employee benefits were being provided to you by Garan immediately prior to such the termination or Term Endof your employment, for a period equal to the sooner of (i) 2 years following the effective date of termination of your employment or September 30, 2003until the date of the Term End, whichever comes later, or (ii) until another employer provides you with benefits substantially comparable to the benefits provided pursuant to this Section 3.2.c. 3.3.

Appears in 1 contract

Samples: Employment Agreement (Garan Inc)

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