Common use of Termination in a Sale of Business Clause in Contracts

Termination in a Sale of Business. In the event there is a Sale of Business, the Executive shall be entitled to be paid in a lump sum the present value (using the annual discount rate equal to the annual interest rate of a ten year treasury bond) of the Annual Benefit for a period of fifteen (15) years with the Applicable Percentage being 100% to be paid on the first day of each month, beginning with the month following the month in which the Executive for any reason terminates employment with Employer or a successor of Employer after a Sale of Business. The annual interest rate of a ten year treasury bond will be the yield on the 10 Year Treasury Note as shown in the "Morning Economic Notes" provided daily to Employer by Xxxxx Xxxxxx on the date of the Sale of Business. In the event this source is no longer available on the date of the Sale of Business, then the source of the rate will be selected by mutual agreement of the Employer and Executive. The payment of the lump sum will be made to the Executive by the Employer via wire transfer to the Executive's choice of bank account as soon as practicable after the earlier of a) the Sale of Business (assuming the Executive's termination date has been contractually or officially established by the Employer), or b) the effective date of the Executive's termination by Employer or a successor of Employer after a Sale of Business. Notwithstanding the calculation provided for in the foregoing paragraphs of this Section 5.2, in the event the Bank is acquired by Pacific Community Banking Group the amount of the lump sum payment required by this Section 5.2 shall be $484,000.

Appears in 3 contracts

Samples: Continuation Agreement (Pacific Community Banking Group), Continuation Agreement (Pacific Community Banking Group), Continuation Agreement (Pacific Community Banking Group)

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Termination in a Sale of Business. In the event there is a Sale of Business, the Executive shall be entitled to be paid in a lump sum the present value (using the annual discount rate equal to the annual interest rate of a ten year treasury bond) of the Annual Benefit for a period of fifteen (15) years with the Applicable Percentage being 100% to be paid on the first day of each month, beginning with the month following the month in which the Executive for any reason terminates employment with Employer or a successor of Employer after a Sale of Business. The annual interest rate of a ten year treasury bond will be the yield on the 10 Year Treasury Note as shown in the "Morning Economic Notes" provided daily to Employer by Xxxxx Xxxxxx on the date of the Sale of Business. In the event this source is no longer available on the date of the Sale of Business, then the source of the rate will be selected by mutual agreement of the Employer and Executive. The payment of the lump sum will be made to the Executive by the Employer via wire transfer to the Executive's choice of bank account as soon as practicable after the earlier of a) the Sale of Business (assuming the Executive's termination date has been contractually or officially established by the Employer), or b) the effective date of the Executive's termination by Employer or a successor of Employer after a Sale of Business. Notwithstanding the calculation provided for in the foregoing paragraphs of this Section 5.2, in the event the Bank is acquired by Pacific Community Banking Group the amount of the lump sum payment required by this Section 5.2 shall be $484,000.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Pacific Community Banking Group)

Termination in a Sale of Business. In the event there is a Sale of Business, the Executive shall be entitled to be paid in a lump sum the present value (using the annual discount rate equal to the annual interest rate of a ten year treasury bond) of the Annual Benefit for a period of fifteen (15) years with the Applicable Percentage being 100% to be paid on the first day of each month, beginning with the month following the month in which the Executive for any reason terminates employment with Employer or a successor of Employer after a Sale of Business. The annual interest rate of a ten year treasury bond will be the yield on the 10 Year Treasury Note as shown in the "Morning Economic Notes" provided daily to Employer by Xxxxx Xxxxxx Paine Webber on the date of the Sale of BusinessXxxxxexx. In Xx the event this source is no longer available on the date of the Sale of Business, then the source of the rate will be selected by mutual agreement of the Employer and Executive. The payment of the lump sum will be made to the Executive by the Employer via wire transfer to the Executive's choice of bank account as soon as practicable after the earlier of a) the Sale of Business (assuming the Executive's termination date has been contractually or officially established by the Employer), or b) the effective date of the Executive's termination by Employer or a successor of Employer after a Sale of Business. Notwithstanding the calculation provided for in the foregoing paragraphs of this Section 5.2, in the event the Bank is acquired by Pacific Community Banking Group the amount of the lump sum payment required by this Section 5.2 shall be $484,000.

Appears in 1 contract

Samples: Continuation Agreement (Hemet Bancorp)

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Termination in a Sale of Business. In the event there is a Sale of Business, the Executive shall be entitled to be paid in a lump sum the present value (using the annual discount rate equal to the annual interest rate of a ten year treasury bond) of the Annual Benefit for a period of fifteen (15) years with the Applicable Percentage being 100% to be paid on the first day of each month, beginning with the month following the month in which the Executive for any reason terminates employment with Employer or a successor of Employer after a Sale of Business. The annual interest rate of a ten year treasury bond will be the yield on the 10 Year Treasury Note as shown in the "Morning Economic Notes" provided daily to Employer by Xxxxx Xxxxxx Paine Webber on the date of the Sale of Business. In the event this xxx exxxx xhis source is no longer available on the date of the Sale of Business, then the source of the rate will be selected by mutual agreement of the Employer and Executive. The payment of the lump sum will be made to the Executive by the Employer via wire transfer to the Executive's choice of bank account as soon as practicable after the earlier of a) the Sale of Business (assuming the Executive's termination date has been contractually or officially established by the Employer), or b) the effective date of the Executive's termination by Employer or a successor of Employer after a Sale of Business. Notwithstanding the calculation provided for in the foregoing paragraphs of this Section 5.2, in the event the Bank is acquired by Pacific Community Banking Group the amount of the lump sum payment required by this Section 5.2 shall be $484,000.

Appears in 1 contract

Samples: Continuation Agreement (Hemet Bancorp)

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