Termination for Death, Disability, Without Cause or by Employee for Good Reason or Change of Control. If Employee's employment by the Company is terminated pursuant to Section 5(b), (c), (e), (f) or (g), the Company shall pay to Employee or Xxxxxxxx X. Xxxxx if then living, and if not living, then to the Trustee of the Xxxxx X. Xxxxx Trust U/T/A July 6, 2006 (the "Trust"), the Accrued Payments and the compensation payments described in Section 7(c)(i), Employee's outstanding Employee Options and restricted stock or restricted stock units granted pursuant to Section 3(d) above shall be 100% vested; provided, however, that (x) Employee also must have timely notified the Company as provided in Sections 5(f) and (g), as applicable, in order to receive (i) such payments and (ii) such Employee Option and restricted stock or restricted stock unit vesting, and (y) no Employee Option shall be exercisable beyond its original option term. All amounts payable under this Section 7(c) shall be reduced by withholding for applicable taxes, if any. (i) A lump-sum cash payment equal to the sum of (A) Employee's Base Salary at the rate in effect on the Date of Termination for the remainder of the Term, plus (B) the Bonus described in Section 3(b) pursuant to the Company's applicable incentive compensation program (the amount of such Bonus to be determined as if the target level for such Bonus was attained (or if no target level, to be determined as though the target level of 70% of the Base Salary at the rate then in effect was attained), multiplied by the number of years remaining in the Term (for purposes of (A) and (B) any partial year during the remainder of the Term shall be treated as an entire year). All payments pursuant to this Section 7(c)(i) shall be subject to Employee's execution and non-revocation of a mutual release in the form attached as Exhibit A hereto (with such changes, if any, as are necessary or advisable to comply with changes in applicable law, stock exchange or accounting rules) and shall be paid eight days after such release is submitted to the Company by Employee, which release shall be submitted no earlier than the Date of Termination, by wire transfer of immediately available funds in the appropriate amount to an account designated by Employee or his estate, as the case may be.
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Samples: Employment Agreement (Marquee Holdings Inc.), Employment Agreement (Marquee Holdings Inc.), Employment Agreement (Amc Entertainment Inc)
Termination for Death, Disability, Without Cause or by Employee for Good Reason or Change of Control. If Employee's ’s employment by the Company is terminated pursuant to Section 5(b), (c), (e), (f) or (g), the Company shall pay to Employee or Xxxxxxxx X. Xxxxx if then living, and if not living, then to the Trustee of the Xxxxx X. Xxxxx Trust U/T/A July 6, 2006 (the "Trust"), his personal representative the Accrued Payments and the compensation payments described in Section 7(c)(i), Employee shall have the Put Right in Section 7(c)(ii) and Employee's ’s outstanding Employee Options and restricted stock or restricted stock units granted pursuant to Section 3(d) above shall be 100% vestedvested as if the Date of Termination were the fifth anniversary of such date (i.e., Employee will be credited with an additional five years of service for purposes of vesting in the Employee Options); provided, however, that (x) Employee also must have timely notified the Company as provided in Sections 5(f) and (g), as applicable, in order to receive (i) such payments and (ii) payments, such Employee Option vesting and restricted stock or restricted stock unit vesting, and (y) no Employee Option shall be exercisable beyond its original option termhave such Put Right. All amounts payable under this Section 7(c) shall be reduced by withholding for applicable taxes, if any.
(i) A lump-sum cash payment equal to the sum of (A) Employee's ’s Base Salary at the rate in effect on the Date of Termination for the remainder of the Term, plus (B) the Bonus described in Section 3(b) pursuant to the Company's ’s applicable incentive compensation program (the amount of such Bonus to be determined as if the target level for such Bonus was attained (or if there is no target level, to be determined as though the target level of 70% of the Base Salary at the rate then in effect was attained)), multiplied by the number of years remaining in the Term (for purposes purpose of (A) and (B) any partial year during the remainder of the Term shall be treated as an entire year). All payments pursuant to this Section 7(c)(i) shall be subject to Employee's execution and non-revocation of a mutual release in the form attached as Exhibit A hereto (with such changes, if any, as are necessary or advisable to comply with changes in applicable law, stock exchange or accounting rules) and shall be paid eight days after such release is submitted to the Company by Employee, which release shall be submitted no earlier than on the Date of Termination, Termination by wire transfer of immediately available funds in the appropriate amount to an account designated by Employee or his estate, as the case may be.
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Termination for Death, Disability, Without Cause or by Employee for Good Reason or Change of Control. If Employee's ’s employment by the Company is terminated pursuant to Section 5(b), (c), (e), (f) or (g), the Company shall pay to Employee or Xxxxxxxx X. Xxxxx if then living, and if not living, then to the Trustee of the Xxxxx X. Xxxxx Trust U/T/A July 6, 2006 (the "“Trust"”), the Accrued Payments and the compensation payments described in Section 7(c)(i), Employee's ’s outstanding Employee Options and restricted stock or restricted stock units granted pursuant to Section 3(d) above shall be 100% vested; provided, however, that (x) Employee also must have timely notified the Company as provided in Sections 5(f) and (g), as applicable, in order to receive (i) such payments and (ii) such Employee Option and restricted stock or restricted stock unit vesting, and (y) no Employee Option shall be exercisable beyond its original option term. All amounts payable under this Section 7(c) shall be reduced by withholding for applicable taxes, if any.
(i) A lump-sum cash payment equal to the sum of (A) Employee's ’s Base Salary at the rate in effect on the Date of Termination for the remainder of the Term, plus (B) the Bonus described in Section 3(b) pursuant to the Company's ’s applicable incentive compensation program (the amount of such Bonus to be determined as if the target level for such Bonus was attained (or if no target level, to be determined as though the target level of 70% of the Base Salary at the rate then in effect was attained), multiplied by the number of years remaining in the Term (for purposes of (A) and (B) any partial year during the remainder of the Term shall be treated as an entire year). All payments pursuant to this Section 7(c)(i) shall be subject to Employee's ’s execution and non-revocation of a mutual release in the form attached as Exhibit A hereto (with such changes, if any, as are necessary or advisable to comply with changes in applicable law, stock exchange or accounting rules) and shall be paid eight days after such release is submitted to the Company by Employee, which release shall be submitted no earlier than the Date of Termination, by wire transfer of immediately available funds in the appropriate amount to an account designated by Employee or his estate, as the case may be.
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Termination for Death, Disability, Without Cause or by Employee for Good Reason or Change of Control. If Employee's employment by the Company is terminated pursuant to Section 5(b), (c), (e), (f) or (g), the Company shall pay to Employee or Xxxxxxxx X. Xxxxx if then living, and if not living, then to the Trustee of the Xxxxx X. Xxxxx Trust U/T/A July 6, 2006 (the "Trust"), the Accrued Payments and his personal representative the compensation payments described in Section 7(c)(i(i), Employee's outstanding Employee Options (ii) and restricted stock or restricted stock units granted pursuant to Section 3(d(iii) above shall be 100% vestedbelow; provided, however, that (x) Employee also must have timely notified the Company as provided in Sections 5(f) and (g), as applicable, in order to receive (i) such payments and (ii) such Employee Option and restricted stock or restricted stock unit vesting, and (y) no Employee Option shall be exercisable beyond its original option termpayments. All amounts payable under this Section 7(c) shall be reduced by withholding for applicable taxes, if any.
(i) A lump-sum cash payment equal to the sum of (A) Employee's Base Salary at the rate in effect on the Date of Termination for the remainder of the Term, plus (B) the Bonus described in Section 3(b) pursuant to the Company's applicable incentive compensation program (the amount of such Bonus to be determined as if the target level for such Bonus was attained (or if there is no target level, to be determined as though the target level of at 70% of the Base Salary at the rate then in effect effect) was attained), multiplied by the number of years remaining in the Term term) (for purposes purpose of (A) and (B) any partial year during the remainder of the Term term shall be treated as an entire year). All payments pursuant .
(ii) A cash payment payable on the first business day of the month in equal installments over the 180 day period following the Date of Termination equal to this Section 7(c)(ithe difference between (A) shall be subject the value of all vested and unvested stock options granted by AMCE to EmployeeEmployee which have an exercise price per share less than the closing price per share of the Company's execution and non-revocation of a mutual release in Common Stock as reported on the form attached as Exhibit A hereto (with such changes, if any, as are necessary American Stock Exchange or advisable to comply with changes in applicable law, other stock exchange or accounting rulesautomated quotation system (the "Closing Price") on the Date of Termination and shall (B) the exercise price of such options. For purposes of determining the option value, the Company's stock price as described above as of the Date of Termination will be paid eight days after used. Upon such release is submitted payment by the Company to Employee, all such options will be cancelled.
(iii) If Employee's note dated August 11, 1998 (and any modifications thereof) payable to the Company Company, the proceeds of which were used by EmployeeEmployee to purchase shares of the Company's Common Stock (the "Note"), which release shall be submitted no earlier than is outstanding on the Date of Termination, by wire transfer then one of immediately available funds in the appropriate amount to an account designated by Employee or his estate, as the case may be.following provisions shall apply:
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Termination for Death, Disability, Without Cause or by Employee for Good Reason or Change of Control. If Employee's ’s employment by the Company is terminated pursuant to Section 5(b), (c), (e), (f) or (g), the Company shall pay to Employee or Xxxxxxxx X. Xxxxx if then living, and if not living, then to the Trustee of the Xxxxx X. Xxxxx Trust U/T/A July 6, 2006 (the "Trust"), his personal representative the Accrued Payments and the compensation payments described in Section 7(c)(i), Employee shall have the Put Right in Section 7(c)(ii) and Employee's ’s outstanding Employee Options and restricted stock or restricted stock units granted pursuant to Section 3(d) above shall be 100% vestedvested as if the Date of Termination were the fifth anniversary of such date (i.e., Employee will be credited with an additional five years of service for purposes of vesting in the Employee Options); provided, however, that (x) Employee also must have timely notified the Company as provided in Sections 5(f) and (g), as applicable, in order to receive (i) such payments and (ii) payments, such Employee Option vesting and restricted stock or restricted stock unit vesting, and (y) no Employee Option shall be exercisable beyond its original option termhave such Put Right. All amounts payable under this Section 7(c) shall be reduced by withholding for applicable taxes, if any.
(i) A lump-sum cash payment equal to the sum of (A) Employee's ’s Base Salary at the rate in effect on the Date of Termination for the remainder of the Term, plus (B) the Bonus described in Section 3(b) pursuant to the Company's ’s applicable incentive compensation program (the amount of such Bonus to be determined as if the target level for such Bonus was attained (or if there is no target level, to be determined as though the target level of 7065% of the Base Salary at the rate then in effect was attained)), multiplied by the number of years remaining in the Term (for purposes purpose of (A) and (B) any partial year during the remainder of the Term shall be treated as an entire year). All payments pursuant to this Section 7(c)(i) shall be subject to Employee's execution and non-revocation of a mutual release in the form attached as Exhibit A hereto (with such changes, if any, as are necessary or advisable to comply with changes in applicable law, stock exchange or accounting rules) and shall be paid eight days after such release is submitted to the Company by Employee, which release shall be submitted no earlier than on the Date of Termination, Termination by wire transfer of immediately available funds in the appropriate amount to an account designated by Employee or his estate, as the case may be.
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Termination for Death, Disability, Without Cause or by Employee for Good Reason or Change of Control. If Employee's employment by the Company is terminated pursuant to Section 5(b), (c), (e), (f) or (g), the Company shall pay to Employee or Xxxxxxxx X. Xxxxx if then living, and if not living, then to the Trustee of the Xxxxx X. Xxxxx Trust U/T/A July 6, 2006 (the "Trust"), the Accrued Payments and his personal representative the compensation payments described in Section 7(c)(i(i), Employee's outstanding Employee Options (ii) and restricted stock or restricted stock units granted pursuant to Section 3(d(iii) above shall be 100% vestedbelow; provided, however, that (x) Employee also must have timely notified the Company as provided in Sections 5(f) and (g), as applicable, in order to receive (i) such payments and (ii) such Employee Option and restricted stock or restricted stock unit vesting, and (y) no Employee Option shall be exercisable beyond its original option termpayments. All amounts payable under this Section 7(c) shall be reduced by withholding for applicable taxes, if any.
(i) A lump-sum cash payment equal to the sum of (A) Employee's Base Salary at the rate in effect on the Date of Termination for the remainder of the Term, plus (B) the Bonus described in Section 3(b) pursuant to the Company's applicable incentive compensation program (the amount of such Bonus to be determined as if the target level for such Bonus was attained (or if there is no target level, to be determined as though the target level of 70at 65% of the Base Salary at the rate then in effect effect) was attained), multiplied by the number of years remaining in the Term term) (for purposes purpose of (A) and (B) any partial year during the remainder of the Term term shall be treated as an entire year). All payments pursuant .
(ii) A cash payment payable on the first business day of the month in equal installments over the 180 day period following the Date of Termination equal to this Section 7(c)(ithe difference between (A) shall be subject the value of all vested and unvested stock options granted by AMCE to EmployeeEmployee which have an exercise price per share less than the closing price per share of AMCE's execution and non-revocation of a mutual release in Common Stock as reported on the form attached as Exhibit A hereto (with such changes, if any, as are necessary American Stock Exchange or advisable to comply with changes in applicable law, other stock exchange or accounting rulesautomated quotation system (the "Closing Price") on the Date of Termination and shall (B) the exercise price of such options. For purposes of determining the option value, AMCE's stock price as described above as of the Date of Termination will be paid eight days after used. Upon such release is submitted to payment by the Company by to Employee, all such options will be cancelled.
(iii) If Employee's note dated September 14, 1998 (and any modifications thereof) payable to AMCE, the proceeds of which release shall be submitted no earlier than were used by Employee to purchase shares of AMCE's Common Stock (the "Note"), is outstanding on the Date of Termination, by wire transfer then one of immediately available funds in the appropriate amount to an account designated by Employee or his estate, as the case may be.following provisions shall apply:
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