Termination by the Company Without Cause or by You for Good Reason. If the Company terminates your employment without Cause or you terminate your employment for Good Reason at any time: (i) You shall be entitled to receive the Accrued Obligations; (ii) For a 12-month period following the date of termination, you shall be entitled to receive (x) continued payment of your base salary, as in effect on the date of termination, no less frequently than monthly; i. You shall be paid an amount equal to the product of the annual incentive bonus you would have received had you remained employed on the last day of the calendar year during which the employment termination occurred multiplied by the percentage of days during such year during which you were employed, such amount to be paid at the same time as the annual incentive bonus would have been paid to you if you had remained employed on the applicable payment date for such annual incentive bonus; (iii) During the 12-month period following the date of termination and provided you elect health insurance continuation coverage in accordance with the mandates of COBRA, the Company shall arrange to pay for such coverage for you at the same rate as it pays for its active employees; provided, that the Company shall not provide any benefit otherwise receivable by you pursuant to this Section 11(B)(iv) to the extent that a similar benefit is actually received by you from a subsequent employer during such period, and any such benefit actually received by you shall be reported to the Company; and, provided further, that this paragraph (iv) shall not extend your period of COBRA entitlement beyond that mandated by law; and (iv) all options to purchase Company common stock and restricted stock grants then held by you shall become immediately vested and exercisable to the extent provided in the applicable option or restricted stock grant plan. In the event of any breach of or failure to comply with Section 7 of this Agreement, the Company’s obligations under Sections 11(B)(ii), 11(B)(iii) and 11(B)(iv) shall terminate, this being in addition to any other remedy to which SITEL is entitled at law or in equity.
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Samples: Management Employment Agreement (SITEL Worldwide Corp), Management Employment Agreement (SITEL Worldwide Corp)
Termination by the Company Without Cause or by You for Good Reason. If the Company terminates your employment without Cause or you terminate your employment for Good Reason at any time:
(i) You shall be entitled to receive the Accrued Obligations;
(ii) For a 12During the 6-month period following the date of termination, you shall be entitled to receive (x) continued payment of your base salary, as in effect on the date of termination, no less frequently than monthly;
i. You (iii) Upon conclusion of the 6-month period referenced in subparagraph (ii) above, in the event you remain unemployed despite a diligent and ongoing job search, you shall be paid an amount equal entitled to the product receive continued payment of the annual incentive bonus you would have received had you remained employed your base salary, as in effect on the last day date of the calendar year during which the employment termination occurred multiplied by the percentage of days during termination, no less frequently than monthly for up to three months. Eligibility for these conditional severance benefits shall be determined on a month-to-month basis. In order to receive these conditional severance benefits, you shall provide such year during which you were employed, such amount to be paid at the same time information and documentation as the annual incentive bonus would have been paid to you if you had remained employed on the applicable payment date for such annual incentive bonus;requested.
(iiiiv) During the 12-month period following the date of termination and provided you elect health insurance continuation coverage in accordance with the mandates of COBRA, the Company shall arrange to pay for such coverage for you at the same rate as it pays for its active employees; provided, that the Company shall not provide any benefit otherwise receivable by you pursuant to this Section 11(B)(iv) to the extent that a similar benefit is actually received by you from a subsequent employer during such period, and any such benefit actually received by you shall be reported to the Company; and, provided further, that this paragraph (iv) shall not extend your period of COBRA entitlement beyond that mandated by law; and
(ivv) all options and stock appreciation rights to purchase Company common stock and restricted stock grants then held by you shall become immediately vested vest and be exercisable to the extent provided in the option agreement and the applicable option or restricted stock grant plan. In the event of any breach of or failure to comply with Section 7 of this Agreement, the Company’s obligations under Sections 11(B)(ii11 (B)(ii), 11(B)(iii) and 11(B)(iv11 (B)(iv) shall terminate, this being in addition to any other remedy to which SITEL JELD-WEN is entitled at law or in equity.
Appears in 1 contract
Samples: Management Employment Agreement (JELD-WEN Holding, Inc.)
Termination by the Company Without Cause or by You for Good Reason. If the Company terminates your employment without Cause or you terminate your employment for Good Reason at any time:
(i) You shall be entitled to receive the Accrued Obligations;
(ii) For a 12-month period following the date of termination, you shall be entitled to receive (x) continued payment of your base salary, as in effect on the date of termination, no less frequently than monthly;
i. You shall be paid an amount equal to the product of the annual incentive bonus you would have received had you remained employed on the last day of the calendar year during which the employment termination occurred multiplied by the percentage of days during such year during which you were employed, such amount to be paid at the same time as the annual incentive bonus would have been paid to you if you had remained employed on the applicable payment date for such annual incentive bonus;
(iii) During the 12-month period following the date of termination and provided you elect health insurance continuation coverage in accordance with the mandates of COBRA, the Company shall arrange to pay for such coverage for you at the same rate as it pays for its active employees; provided, that the Company shall not provide any benefit otherwise receivable by you pursuant to this Section 11(B)(iv) to the extent that a similar benefit is actually received by you from a subsequent employer during such period, and any such benefit actually received by you shall be reported to the Company; and, provided further, that this paragraph (iv) shall not extend your period of COBRA entitlement beyond that mandated by law; and
(iv) all options to purchase Company common stock and restricted stock grants then held by you shall become immediately vested and exercisable to the extent provided in the applicable option or planor restricted stock grant plan. In the event of any breach of or failure to comply with Section 7 of this Agreement, the Company’s obligations under Sections 11(B)(ii), 11(B)(iii) and 11(B)(iv) shall terminate, this being in addition to any other remedy to which SITEL is entitled at law or in equity.
Appears in 1 contract
Samples: Management Employment Agreement (SITEL Worldwide Corp)
Termination by the Company Without Cause or by You for Good Reason. If the Company terminates your employment without Cause or you terminate your employment for Good Reason at any time:
(i) You shall be entitled to receive the Accrued Obligations;
; (ii) For a 12-month period following the date of termination, you shall be entitled to receive (x) continued payment of your base salary, as in effect on the date of termination, no less frequently than monthly;
i. ; %3. You shall be paid an amount equal to the product of the annual incentive bonus you would have received had you remained employed on the last day of the calendar year during which the employment termination occurred multiplied by the percentage of days during such year during which you were employed, such amount to be paid at the same time as the annual incentive bonus would have been paid to you if you had remained employed on the applicable payment date for such annual incentive bonus;
; (iii) During the 12-month period following the date of termination and provided you elect health insurance continuation coverage in accordance with the mandates of COBRA, the Company shall arrange to pay for such coverage for you at the same rate as it pays for its active employees; provided, that the Company shall not provide any benefit otherwise receivable by you pursuant to this Section 11(B)(iv) to the extent that a similar benefit is actually received by you from a subsequent employer during such period, and any such benefit actually received by you shall be reported to the Company; and, provided further, that this paragraph (iv) shall not extend your period of COBRA entitlement beyond that mandated by law; and
and (iv) all options to purchase Company common stock and restricted stock grants then held by you shall become immediately vested and exercisable to the extent provided in the applicable option or restricted stock grant plan. In the event of any breach of or failure to comply with Section 7 of this Agreement, the Company’s obligations under Sections 11(B)(ii), 11(B)(iii) and 11(B)(iv) shall terminate, this being in addition to any other remedy to which SITEL is entitled at law or in equity.
Appears in 1 contract
Samples: Management Employment Agreement
Termination by the Company Without Cause or by You for Good Reason. If In the event that the Company terminates your employment without Cause or you terminate your employment for Good Reason at Reason, in each case, in accordance with the provisions of Section 3(a)(iv) or 3(a)(vi) hereof (but not for any timeother reason, including without limitation under Sections 3(a)(i), (ii), (iii), or (v)) and conditioned on your compliance with this Agreement during the Notice Period, then in addition to the amounts you have received during the Notice Period and any other amounts provided in Section 4(a), but subject to your timely satisfaction of the condition precedent in Section 4(g) below, the following will be provided to you following the termination of the Notice Period:
(i) You shall will be entitled paid a lump sum amount equal to receive one (1) year’s Base Salary at the Accrued Obligationsrate in effect immediately prior to said termination, to be paid no later than sixty (60) days following your termination;
(ii) For a 12-month period following With respect to the date of terminationAnnual Bonus for the calendar year prior to the calendar year in which your termination occurs, you shall will be entitled to receive (xexcused from the requirement in Section 2(b) continued payment of your base salary, as in effect that you must be actively employed with the Company on the date of termination, no less frequently than monthlydisbursement in order to receive the Annual Bonus;
i. (iii) You shall will be paid an amount equal to the product of the annual incentive bonus Annual Bonus that you would have received had you remained employed on the last day of been entitled to receive for the calendar year during in which your termination occurs, calculated as if all targets were met, to be paid in a lump sum no later than sixty (60) days following your termination;
(iv) You will be paid a pro-rata portion of your Annual Bonus that you would have been entitled to receive for the employment calendar year in which your termination occurred multiplied occurs, based on the number of days you were employed by the percentage of days Parent Group during such year during which you and calculated as if all targets were employedmet, such amount to be paid in a lump sum no later than sixty (60) days following your termination;
(v) You will be paid an amount equal to premiums you would have paid if you had elected COBRA under the Company group health, dental and vision plans, as applicable, at the same time level of coverage as the annual incentive bonus would have been paid to you if you had remained employed on immediately prior to your termination, for the applicable payment date for such annual incentive bonus;
twelve (iii12) During the 12-month period following the date of termination and provided you elect health insurance continuation coverage in accordance with the mandates of COBRA, the Company shall arrange to pay for such coverage for you at the same rate as it pays for its active employees; provided, that the Company shall not provide any benefit otherwise receivable by you pursuant to this Section 11(B)(iv) to the extent that a similar benefit is actually received by you from a subsequent employer during such period, and any such benefit actually received by you your termination. Such payment shall be reported to the Company; and, provided further, that this paragraph paid in a lump sum no later than sixty (iv60) shall not extend days following your period of COBRA entitlement beyond that mandated by lawtermination; and
(ivvi) all options to purchase Company common stock and restricted stock grants then held by For so long as you shall become immediately remain in full compliance with the obligations set forth in Sections 7, 8, 9 and 10 below, and conditioned on such continued compliance, all Restricted Stock Units and other equity awards previously awarded to you which have not vested and exercisable as of the date of your termination, if any, shall continue to vest on the extent provided applicable dates set forth in the applicable option or restricted stock grant plan. In the event of any breach of or failure to comply with Section 7 of this Agreement, the Company’s obligations under Sections 11(B)(ii), 11(B)(iii) and 11(B)(iv) shall terminate, this being in addition to any other remedy to which SITEL is entitled at law or in equityaward agreements.
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