Termination by the Corporation Without Cause. If the Corporation terminates the Employee's employment without Cause, then the Corporation shall: (i) pay to the Employee (a) any and all earned but unpaid Base Salary for services rendered by the Employee to the date of termination, (b) any and all Business Expenses incurred by the Employee up to the date of termination and reimbursable in accordance with the terms of this Agreement, (c) the value of vacation accrued but unused by the Employee to the date of termination, and (d) any and all accrued but unpaid amounts due to the Employee under the Management Bonus Plan and the Stock Option Plans (subject to the respective terms and conditions thereof) in respect of any period prior to the fiscal year in which such termination occurred; and (ii) also pay to the Employee, his Base Salary (less statutory deductions and withholdings) for a period calculated as being the lesser of (A) the unexpired remainder of the Term, and (B) one (1) year; and (iii) continue, if possible, the Employee's entitlement to the Employment Benefits described in Section 3(c) hereof (but not any other provisions of Section 3 hereof) until the earlier of (i) the end of the minimum period required for notice of termination or payment in lieu of notice under applicable employment standards legislation at the time of the termination of the Employee's employment, or (ii) the date that the Employee becomes covered under the benefit plans of a subsequent employer, provided that the Employee continues to pay his applicable share of the insurance premiums during such period.
Appears in 3 contracts
Samples: Employment Agreement (Tarpon Industries, Inc.), Employment Agreement (Tarpon Industries, Inc.), Employment Agreement (Tarpon Industries, Inc.)
Termination by the Corporation Without Cause. If In the Corporation terminates event the Employee's employment without Cause, then is terminated by the Corporation shallwithout Cause (which termination shall be effective as of the date specified by the Corporation in a written notice to the Employee), other than due to death or Disability the Employee shall be entitled to and his sole remedies under this Agreement shall be:
(i) pay to Salary through the Employee Termination Date; (aii) any and all earned but unpaid Base Salary Salary, at the annualized rate in effect on the Termination Date for services rendered by a period which is the Employee to longer of twelve (12) months following such termination or the date balance of termination, the then existing Employment Period (bthe Severance Period); (iii) any and all Business Expenses incurred by the Employee up to the date of termination and reimbursable in accordance with the terms of this Agreement, (c) the value of vacation accrued but unused by the Employee to the date of termination, and (d) any and all accrued but unpaid amounts due to the Employee under the Management pro-rated Bonus Plan and the Stock Option Plans (subject to the respective terms and conditions thereof) in respect of any period prior to for the fiscal year in which such termination occurredoccurs, payable in accordance with Section 3(b); and
(ii) also pay to the Employee, his Base Salary (less statutory deductions and withholdings) for a period calculated as being the lesser of (Aiv) the unexpired right to exercise any stock option held by the Employee at the Termination Date (whether or not then vested), such option to remain exercisable for six (6) months after the Termination Date, or for the remainder of the Termexercise period, if shorter; (v) Any amounts earned, accrued, or owing to the Employee but not yet paid under Sections 4 or 5; and (Bvi) one (1) year; and
(iii) continuecontinued participation in all medical, if possibledental, health and life insurance plans and in other employee benefit plans or programs at the Employee's entitlement to same benefit level at which he was participating on the Employment Benefits described in Section 3(c) hereof (but not any other provisions of Section 3 hereof) Termination Date until the earlier of of: (iA) the end of the minimum period required for notice Severance Period; or (B) the date, or dates, he receives equivalent coverage and benefits under the plans and programs of termination a subsequent employer (such coverage and benefits to be determined on a coverage-by-coverage, or payment benefit-by-benefit, basis); provided that if the Employee is precluded from continuing his participation in lieu any benefit plan or program as provided in this clause (vi) of notice under applicable employment standards legislation at this Section 6(d) as a matter of law or in the time case of life insurance, as a result of the termination requirements of such benefit plan or program, the Corporation shall have no obligation to continue to provide such benefits; and (vii) other or additional benefits then due or earned in accordance with applicable plans and programs of the Corporation. Termination Without Cause shall mean the Employee's employmentemployment is terminated by the Company for any reason other than death, Disability or Cause (ii) the date that the Employee becomes covered under the benefit plans of a subsequent employer, provided that the Employee continues to pay his applicable share of the insurance premiums during such periodas defined in Section 6 (c)).
Appears in 1 contract
Samples: Employment Agreement (Salant Corp)
Termination by the Corporation Without Cause. If In the Corporation terminates event the Employee's employment without Cause, then is terminated by the Corporation shallwithout Cause (which termination shall be effective as of the date specified by the Corporation in a written notice to the Employee), other than due to death or Disability the Employee shall be entitled to and his sole remedies under this Agreement shall be:
(i) pay to Salary through the Employee Termination Date; (aii) any and all earned but unpaid Base Salary Salary, at the annualized rate in effect on the Termination Date for services rendered by a period which is the Employee to longer of twelve (12) months following such termination or the date balance of termination, the then existing Employment Period (bthe "Severance Period"); (iii) any and all Business Expenses incurred by the Employee up to the date of termination and reimbursable in accordance with the terms of this Agreement, (c) the value of vacation accrued but unused by the Employee to the date of termination, and (d) any and all accrued but unpaid amounts due to the Employee under the Management pro-rated Bonus Plan and the Stock Option Plans (subject to the respective terms and conditions thereof) in respect of any period prior to for the fiscal year in which such termination occurredoccurs, payable in accordance with Section 3(b); and
(ii) also pay to the Employee, his Base Salary (less statutory deductions and withholdings) for a period calculated as being the lesser of (Aiv) the unexpired right to exercise any stock option held by the Employee at the Termination Date (whether or not then vested), such option to remain exercisable for six (6) months after the Termination Date, or for the remainder of the Termexercise period, if shorter; (v) Any amounts earned, accrued, or owing to the Employee but not yet paid under Sections 4 or 5; and (Bvi) one (1) year; and
(iii) continuecontinued participation in all medical, if possibledental, health and life insurance plans and in other employee benefit plans or programs at the Employee's entitlement to same benefit level at which he was participating on the Employment Benefits described in Section 3(c) hereof (but not any other provisions of Section 3 hereof) Termination Date until the earlier of of: (iA) the end of the minimum period required for notice Severance Period; or (B) the date, or dates, he receives equivalent coverage and benefits under the plans and programs of termination a subsequent employer (such coverage and benefits to be determined on a coverage-by-coverage, or payment benefit-by-benefit, basis); provided that if the Employee is precluded from continuing his participation in lieu any benefit plan or program as provided in this clause (vi) of notice under applicable employment standards legislation at this Section 6(d) as a matter of law or in the time case of life insurance, as a result of the termination requirements of such benefit plan or program, the Corporation shall have no obligation to continue to provide such benefits; and (vii) other or additional benefits then due or earned in accordance with applicable plans and programs of the Corporation. "Termination Without Cause" shall mean the Employee's employmentemployment is terminated by the Company for any reason other than death, Disability or Cause (ii) the date that the Employee becomes covered under the benefit plans of a subsequent employer, provided that the Employee continues to pay his applicable share of the insurance premiums during such period.as defined in Section 6 (c). (e)
Appears in 1 contract
Samples: Employment Agreement (Salant Corp)
Termination by the Corporation Without Cause. If This Agreement, other than the Corporation terminates the Employee's employment without Cause, then the Corporation shall:
provisions of clause (i) pay to the Employee (a) any and all earned but unpaid Base Salary for services rendered by the Employee to the date of termination), (b) any and all Business Expenses incurred by the Employee up to the date of termination and reimbursable in accordance with the terms of this Agreement, (c) the value of vacation accrued but unused by the Employee to the date of termination, and (d) any and all accrued but unpaid amounts due to the Employee under the Management Bonus Plan and the Stock Option Plans (subject to the respective terms and conditions thereof) in respect of any period prior to the fiscal year in which such termination occurred; and
(ii) also pay to the Employee, his Base Salary (less statutory deductions and withholdings) for a period calculated as being the lesser of (A) the unexpired remainder of the Term, and (B) one (1) year; and
(iii) continue, if possible, set forth below and the Employee's entitlement to the Employment Benefits described in Section 3(c) hereof (but not any other provisions of Section 3 Paragraph 5 hereof) until , shall terminate immediately in the earlier of (i) the end of the minimum period required for notice of termination or payment in lieu of notice under applicable employment standards legislation at the time event of the termination of the Employee's employmentemployment by the Corporation other than for Cause. In the event of any such termination by the Corporation with out Cause during the Employment Period, the Employee will thereupon cease to be an employee of the Corporation and all obligations of the Corporation to the Employee shall terminate, except that (i) the Employee shall be entitled to payment of his or her Earned Salary, Accrued Vacation and Vested Benefits, (ii) the date that Corporation shall pay the Employee becomes covered under a pro rata annual bonus for the benefit plans year of termination at the herein specified time for such payments, and (iii) the Corporation shall continue to pay the Base Salary in accordance with the regular payroll practices and to provide Benefits at the level in effect at the time of the termination for a subsequent employerseverance period of 18 months
(d) Termination due to non-renewal. Notwithstanding paragraph (c) above, provided that if the Employee continues terminates employment with the Corporation upon expiration of this Agreement and the Agreement expired because the Corporation opted not to renew the Agreement in accordance with Section 1 hereof, (i) the Corporation will continue to pay the Employee his applicable share or her Base Salary in accordance with the regular payroll practices for a severance period of the insurance premiums during such period.six months from the
Appears in 1 contract
Termination by the Corporation Without Cause. If In the Corporation terminates event the Employee's employment without Cause, then is terminated by the Corporation shallwithout Cause (which termination shall be effective as of the date specified by the Corporation in a written notice to the Employee), other than due to death or Disability the Employee shall be entitled to and his sole remedies under this Agreement shall be:
(i) pay to Salary through the Employee Termination Date;
(aii) any and all earned but unpaid Base Salary Salary, at the annualized rate in effect on the Termination Date for services rendered by a period which is the Employee to longer of twelve (12) months following such termination or the date balance of termination, the then existing Employment Period (bthe "Severance Period");
(iii) any and all Business Expenses incurred by the Employee up to the date of termination and reimbursable in accordance with the terms of this Agreement, (c) the value of vacation accrued but unused by the Employee to the date of termination, and (d) any and all accrued but unpaid amounts due to the Employee under the Management pro-rated Bonus Plan and the Stock Option Plans (subject to the respective terms and conditions thereof) in respect of any period prior to for the fiscal year in which termination occurs, payable in accordance with Section 3(b);
(iv) the right to exercise any stock option held by the Employee at the Termination Date (whether or not then vested), such termination occurredoption to remain exercisable for six (6) months after the Termination Date, or for the remainder of the exercise period, if shorter;
(v) Any amounts earned, accrued, or owing to the Employee but not yet paid under Sections 4 or 5; and
(iivi) also pay to continued participation in all medical, dental, health and life insurance plans and in other employee benefit plans or programs at the Employee, his Base Salary (less statutory deductions and withholdings) for a period calculated as being same benefit level at which he was participating on the lesser of (A) the unexpired remainder of the Term, and (B) one (1) year; and
(iii) continue, if possible, the Employee's entitlement to the Employment Benefits described in Section 3(c) hereof (but not any other provisions of Section 3 hereof) Termination Date until the earlier of of:
(iA) the end of the minimum period required for notice of termination or payment in lieu of notice under applicable employment standards legislation at Severance Period; or
(B) the time of the termination of the Employee's employmentdate, or (ii) the date that the Employee becomes covered dates, he receives equivalent coverage and benefits under the benefit plans and programs of a subsequent employeremployer (such coverage and benefits to be determined on a coverage-by-coverage, or benefit-by-benefit, basis); provided that if the Employee continues to pay is precluded from continuing his applicable share participation in any benefit plan or program as provided in this clause (vi) of this Section 6(d) as a matter of law or in the case of life insurance, as a result of the insurance premiums during requirements of such periodbenefit plan or program, the Corporation shall have no obligation to continue to provide such benefits; and
(vii) other or additional benefits then due or earned in accordance with applicable plans and programs of the Corporation.
Appears in 1 contract
Samples: Employment Agreement (Salant Corp)