Termination by Reason of Disability or Death. Executive’s employment may be terminated effective upon the Company’s delivery to Executive of a Notice of Termination if Executive becomes Disabled and will automatically terminate upon Executive’s death. Upon termination of Executive’s employment for either Disability or death, Executive or Executive’s estate (as the case may be) will receive:
(1) the Accrued Obligations;
(2) any earned but unpaid Annual Bonus for a prior year. For the avoidance of doubt, if Executive is terminated after the end of a fiscal year but before annual bonuses are approved and paid to other senior executives in the normal course of business, then Executive will receive an Annual Bonus for the prior fiscal year, the actual amount of which will still be subject to the achievement of any performance targets as established by the Company the achievement of which will be determined by the Company. Any payment under this Section 5(b)(iii)(2) will be paid no later than one day prior to the date that is 2½ months following the last day of the fiscal year in which such termination occurred; and
(3) a prorated Annual Bonus amount for the year of termination, if any would have been payable to Executive based on achievement of performance criteria if Executive had remained employed through the full fiscal year in which the termination of employment occurred. The prorated amount will be calculated based on the number of calendar days employed and any such prorated amount will be paid no later than one day prior to the date that is 2½ months following the last day of the fiscal year in which such termination occurred.
Termination by Reason of Disability or Death. If the Executive’s employment shall terminate by reason of his Disability (pursuant to Section 6(a)(ii)) or death (pursuant to Section 6(a)(i)), then the Company shall pay to the Executive (or Executive’s estate) when bonuses are paid for the year of termination a pro-rated amount of the Executive’s Bonus for the fiscal year in which the Date of Termination occurs equal to the product of (i) the amount of the Bonus the Executive would have otherwise earned had he been employed by the Company on the last day of the fiscal year in which the Date of Termination occurs and (ii) the ratio of (A) the number of days elapsed during such fiscal year prior to the Date of Termination to (B) 365 (the “Pro-Rata Bonus”), and provide the Executive (and his eligible dependents), as applicable, with the continued health coverage described in Section 7(b)(ii).
Termination by Reason of Disability or Death. If Executive’s employment with the Company is terminated during the Employment Term by reason of Executive’s Disability or death, the Company will pay and/or provide Executive or Executive’s legal representative, as the case may be, (i) the Accrued Obligations; (ii) a pro-rated incentive award pursuant to the terms of the Bank’s Executive Short Term Incentive Plan; and (iii) a pro-rated incentive award pursuant to the terms of the Bank’s Executive Long Term Incentive Plan.
Termination by Reason of Disability or Death. If the Executive's employment shall terminate by reason of his Disability (pursuant to Section 6(a)(ii)) or death (pursuant to Section 6(a)(i)), then (i) the Company shall pay to the Executive (or Executive's estate) a pro-rated amount of the Executive's Target Bonus for the Contract Year in which the Date of Termination occurs (the "Pro-Rata Bonus"); (ii) all Retention Options and Retention RSUs not vested or exercisable as of the Date of Termination shall thereupon be forfeited; provided, that in the alternative the Committee may, in its sole discretion, cause all or any portion of any Retention Options or Retention RSUs then held by the Executive to become vested and exercisable effective as of the Date of Termination; and (iii) all Options and RSUs (other than Retention Options and the Retention RSUs) then held by the Executive shall be or become vested and shall remain exercisable in accordance with the terms of the applicable Option or RSU agreement.
Termination by Reason of Disability or Death. (a) If, on account of physical or mental disability, Employee shall fail or be unable to perform his assigned duties in any material respect for a period of (i) sixty (60) consecutive days, or (ii) an aggregate of ninety (90) days during any twelve (12) month period, the Company may, at its option, thereafter terminate this Agreement and Employee's employment hereunder upon giving at least thirty (30) days written notice to Employee.
(b) If Employee dies during the term hereof, this Agreement shall automatically terminate on the date of his death.
(c) In the event that this Agreement and Employee's employment are terminated in accordance with this Section 7, then after the Termination Date the Company shall have no further obligations hereunder, except that, in the event of a termination pursuant to paragraph (a) above, Employee shall be entitled to the benefits described in Section 6 hereof (without regard to the proviso of Section 6(i)), net of any payments or benefits to Employee under disability insurance or similar plans maintained by the Company.
Termination by Reason of Disability or Death. If the Executive's employment with the Company is terminated during the Employment Term by reason of the Executive's disability or death, the Company will pay and/or provide the Executive or the Executive's legal representative, as the case may be, with the following: (i) the Executive's Annual Base Salary as then in effect through the Termination Date (ii) a fraction of any Annual Bonus paid to the Executive for the fiscal year preceding the Termination Date determined by multiplying the prior year's Annual Bonus, if any, by a fraction, the numerator of which shall equal the number of days during such fiscal year preceding the Termination Date, and the denominator of which shall equal three hundred sixty-five (365) and (iii) all benefits to which the Executive is entitled under any benefit plans set forth in Section 5 hereof in accordance with the terms of such plans through the Termination Date. Payment of the amount set forth in this subparagraph (b) shall be made within thirty (30) days after the Termination Date.
Termination by Reason of Disability or Death. If Executive's employment shall terminate by reason of Executive's Disability (pursuant to Section 6(a)(ii)) or death (pursuant to Section 6(a)(i)), and subject (is the case of a termination due to Executive's disability) to the Company's receipt of a general release in its customary form, the Company shall pay to Executive, in a lump sum cash payment as soon as practicable following the Date of Termination, all unpaid Base Salary due for the period prior to Termination plus the prorated portion of the unpaid Bonus to which Executive would otherwise be entitled for the compensation period of termination and, if there is a period of time during which Executive is not being paid Salary and not receiving long-term disability insurance payments, the Committee may, in its discretion, determine that the Company shall make interim payments to Executive until commencement of disability insurance payments.
Termination by Reason of Disability or Death. If Executive's employment with the Company is terminated during the Employment Term by reason of Executive's Disability or death, the Company will pay and/or provide Executive or Executive's legal representative, as the case may be, with the following: (i) Executive's Annual Base Salary as then in effect through the Termination Date in a lump sum within thirty days after the Termination Date, (ii) no later than the date on which the other senior executives would receive their Annual Bonus payments and after compliance with subsection (d) hereof, a fraction of the Annual Bonus that would have been earned by Executive for the fiscal year including the Termination Date, paid or accrued in accordance with Section 4(b) hereof, determined by multiplying the Annual Bonus which would have been earned absent death or Disability by a fraction, the numerator of which shall equal the number of days during such fiscal year preceding the Termination Date, and the denominator of which shall equal three hundred sixty-five (365) and (iii) all benefits to which Executive is entitled under any benefit plans set forth in Section 5 hereof in accordance with the terms of such plans through the Termination Date.
Termination by Reason of Disability or Death. If the Participant’s employment with the Company terminates by reason of the Participant’s Disability or the Participant’s death, in either case on or after the six month anniversary of the Grant Date and before the Award has become fully vested, the Participant shall become vested in the portion of the Award that has not previously become vested on the date of such termination of employment. The effective date of the Participant’s Disability shall be the date as of which the Participant is determined to have a Disability pursuant to the terms of the Plan. The Committee has the sole discretion to determine whether the Participant has terminated employment with the Company by reason of Disability.
Termination by Reason of Disability or Death. If the Executive's employment shall terminate by reason of his Disability (pursuant to Section 6(a)(ii)) or death (pursuant to Section 6(a)(i)), and subject to the receipt of mutual releases in form reasonably acceptable to the parties, the Company shall cause the Options to vest as they would have under paragraphs 7(a)(ii) and (iii) above if the words "the December 31 next following" were inserted in such subsections immediately prior to "the Date of Termination."
