Common use of Termination by the Company After Change of Control Clause in Contracts

Termination by the Company After Change of Control. In the event this Agreement is terminated by the Company pursuant to the provisions of Section 1.6(g) hereof after the occurrence of a Change of Control, the Executive shall be entitled to receive (i) any accrued, but unpaid, Salary, any authorized but unreimbursed business expenses, and any vacation or sick leave benefits which have accrued as of the date of termination of the Agreement, but were then unpaid or unused, (ii) any accrued, but unpaid, Earnings Annual Bonus, Net Sales Annual Bonus and any declared, but unpaid, Discretionary Bonus Compensation, and (iii) an amount equal to the full monthly Salary payable hereunder for the unexpired term of the Agreement whether or not the Executive has sought or obtained employment elsewhere after the termination of the Executive's employment pursuant to the provisions of Section l.6(g) hereof. Any amount due the Executive under clauses (i) and (ii) of this paragraph shall be paid in a lump sum in cash within thirty (30) days after the termination of the Executive's employment hereunder, and any amount due the Executive under clause (iii) of this paragraph shall be paid in a lump sum in cash within ninety (90) days after the termination of the Executive's employment hereunder. In addition, in the event this Agreement is terminated by the Company pursuant to the provisions of Section 1.6(g) hereof after the occurrence of a Change of Control, the Company at its expense shall continue to provide the Executive with the benefits set forth in Sections 1.5(b), 1.5(c), 1.5(f) and l5.5(h) above for the unexpired term of this Agreement whether or not the Executive has sought or obtained employment elsewhere after the termination of the Executive's employment pursuant to the provisions of Section 1.6(g) hereof; provided, however, if the Executive obtains employment elsewhere during the aforesaid period, then the Company shall continue to provide the benefits set forth in Sections 1.5(b), 1.5(c), 1.5(f) and l.5(h) hereof only to the extent the Executive does not receive such benefits in their entirety from the Executive's then current employer.

Appears in 1 contract

Samples: And Amended Employment Agreement (Compu Dawn Inc)

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Termination by the Company After Change of Control. In the event this Agreement is terminated by the Company pursuant to the provisions of Section 1.6(g) hereof after the occurrence of a Change of Control, the Executive shall be entitled to receive (i) any accrued, but unpaid, Salary, any authorized but unreimbursed business expenses, and any vacation or sick leave benefits which have accrued as of the date of termination of the Agreement, but were then unpaid or unused, (ii) any accrued, but unpaid, Earnings Annual Bonus, Net Sales Annual Bonus and any declared, but unpaid, Discretionary Bonus Compensation, and (iii) an amount equal to the full monthly Salary payable hereunder for the unexpired term of the Agreement whether or not the Executive has sought or obtained employment elsewhere after the termination of the Executive's employment pursuant to the provisions of Section l.6(g) hereof. Any amount due the Executive under clauses (i) and (ii) of this paragraph shall be paid in a lump sum in cash within thirty (30) days after the termination of the Executive's employment hereunder, and any amount due the Executive under clause (iii) of this paragraph shall be paid in a lump sum in cash within ninety (90) days after the termination of the Executive's employment hereunder. In additionadditional, in the event this Agreement is terminated by the Company pursuant to the provisions of Section 1.6(g) hereof after the occurrence of a Change of Control, the Company at its expense shall continue to provide the Executive with the benefits set forth in Sections 1.5(b), 1.5(c), ) 1.5(f) and l5.5(h1.5(h) above for the unexpired term of this Agreement whether or not the Executive has sought or obtained employment elsewhere after the termination of the Executive's employment pursuant to the provisions of Section 1.6(g) hereof; provided, however, if the Executive obtains employment elsewhere during the aforesaid period, then the Company shall continue to provide the benefits set forth in Sections 1.5(b), 1.5(c), 1.5(fl.5(f) and l.5(h1.5(h) hereof only to the extent the Executive does not receive such benefits in their entirety from the Executive's then current employer.

Appears in 1 contract

Samples: Employment Agreement (Compu Dawn Inc)

Termination by the Company After Change of Control. In the event this Agreement is terminated by the Company pursuant to the provisions of Section 1.6(g) hereof after the occurrence of a Change of Control, the Executive shall be entitled to receive (i) any accrued, but unpaid, Salary, any authorized but unreimbursed business expenses, and any vacation or sick leave benefits which have accrued as of the date of termination of the Agreement, but were then unpaid or unused, (ii) any accrued, but unpaid, Earnings Annual Bonus, Net Sales Annual Bonus and any declared, but unpaid, Discretionary Bonus Compensation, and (iii) an amount equal to the full monthly Salary payable hereunder for the unexpired term of the Agreement whether or not the Executive has sought or obtained employment elsewhere after the termination of the Executive's employment pursuant to the provisions of Section l.6(g1.6(g) hereof. Any amount due the Executive under clauses (i) and (ii) of this paragraph shall be paid in a lump sum in cash within thirty (30) days after the termination of the Executive's employment hereunder, and any amount due the Executive under clause (iii) of this paragraph shall be paid in a lump sum in cash within ninety (90) days after the termination of the Executive's employment hereunder. In addition, in the event this Agreement is terminated by the Company pursuant to the provisions of Section 1.6(g) hereof after the occurrence of a Change of Control, the Company at its expense shall continue to provide the Executive with the benefits set forth in Sections 1.5(b), 1.5(c), ) 1.5(f) and l5.5(h1.5(h) above for the unexpired term of this Agreement whether or not the Executive has sought or obtained employment elsewhere after the termination of the Executive's employment pursuant to the provisions of Section 1.6(g) hereof; provided, however, if the Executive obtains employment elsewhere during the aforesaid period, then the Company shall continue to provide the benefits set forth in Sections 1.5(b), 1.5(c), 1.5(f) 1.5 (f) and l.5(h1.5(h) hereof only to the extent the Executive does not receive such benefits in their entirety from the Executive's then current employer.

Appears in 1 contract

Samples: And Amended Employment Agreement (Compu Dawn Inc)

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Termination by the Company After Change of Control. In the event this Agreement is terminated by the Company pursuant to the provisions of Section 1.6(g) hereof after the occurrence of a Change of Control, the Executive shall be entitled to receive (i) any accrued, but unpaid, Salary, any authorized but unreimbursed business expenses, and any vacation or sick leave benefits which have accrued as of the date of termination of the Agreement, but were then unpaid or unused, (ii) any accrued, but unpaid, Earnings Annual Bonus, Net Sales Annual Bonus and any declared, but unpaid, Discretionary Bonus Compensationcompensation, and (iii) an amount equal to One Hundred (100%) percent of the full monthly Salary payable hereunder for the unexpired term of the Agreement whether or not the Executive has sought or obtained employment elsewhere after the termination of the Executive's employment pursuant to the provisions of Section l.6(g1.6 (g) hereof. Any amount due the Executive under clauses (i) and (ii) of this paragraph shall be paid in a lump sum in cash within thirty (30) days after the termination of the Executive's employment hereunder, and any amount due the Executive under clause (iii) of this paragraph shall be paid in a lump sum in cash within ninety (90) days after the termination of the Executive's employment hereunder. In addition, in the event this Agreement is terminated by the Company pursuant to the provisions of Section 1.6(g) hereof after the occurrence of a Change of Control, the Company at its expense shall continue to provide the Executive with the benefits set forth in Sections 1.5(b), 1.5(c), 1.5(f) and l5.5(h1.5(h) above for the unexpired term of this Agreement whether or not the Executive has sought or obtained employment elsewhere after the termination of the Executive's employment pursuant to the provisions of Section 1.6(g) hereof; provided, however, if the Executive obtains employment elsewhere during the aforesaid period, then the Company shall continue to provide the benefits set forth in Sections 1.5(b), 1.5(c), 1.5(f1.5 (f) and l.5(h1.5(h) hereof only to the extent the Executive does not receive such benefits in their entirety from the Executive's then current employer.

Appears in 1 contract

Samples: Employment Agreement (Compu Dawn Inc)

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