Common use of TERMINATION BY THE COMPANY OR SUCCESSOR EMPLOYER Clause in Contracts

TERMINATION BY THE COMPANY OR SUCCESSOR EMPLOYER. If (a) during the period commencing on the date the Company enters into a definitive agreement with respect to a transaction that would constitute a Change of Control (as defined below) and ending on the date the definitive agreement therefore is terminated or the Change of Control is consummated, the Company terminates Executive's employment without cause (as defined below), (b) during the period commencing upon the consummation of the Change of Control and ending twenty-four months thereafter, the Company or, if applicable, the surviving or successor employer ("Successor Employer") terminates Executive's employment without Cause (as defined below), or (c) during the period commencing upon the consummation of the Change of Control and ending twenty-four (24) months thereafter, Executive resigns for Good Reason (as defined below), then Executive shall be entitled to receive the following termination payments and benefits:

TERMINATION BY THE COMPANY OR SUCCESSOR EMPLOYER. If (a) during the period commencing on the date the Company enters into a definitive agreement with respect to a transaction that would constitute a Change of Control (as defined below) and ending on the date the definitive agreement therefore is terminated or the Change of Control is consummated, the Company terminates Executive's ’s employment without cause (as defined below), (b) during the period commencing upon the consummation of the Change of Control and ending twenty-four months thereafter, the Company or, if applicable, the surviving or successor employer ("“Successor Employer"”) terminates Executive's ’s employment without Cause (as defined below), or (c) during the period commencing upon the consummation of the Change of Control and ending twenty-four (24) months thereafter, Executive resigns for Good Reason (as defined below), then Executive shall be entitled to receive the following termination payments and benefits: