Termination not in Connection with a Change of Control. In the event Executive’s employment is terminated for any reason other than as provided in Section 4(a), then Executive will be entitled to receive severance and any other benefits only as may then be established under the Company’s existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.
Termination not in Connection with a Change of Control. In the event the Employee’s employment terminates not in connection with a Change of Control, for any reason or no reason, whether on account of Disability, death, or otherwise, either prior to the period commencing two (2) months before the occurrence of a Change of Control or after the eighteen (18) month period following a Change of Control, then the Employee shall not be entitled to receive severance and any other benefits under this Agreement, but only as may then be established under the Company’s other then-existing severance and benefits plans and programs or pursuant to other agreements with the Company.
Termination not in Connection with a Change of Control. If the Employee’s employment terminates as a result of Involuntary Termination (as defined below) other than for Cause at any time prior to an announcement of a Change of Control or on or after the date that is twenty-four (24) months following a Change of Control or the announcement of a Change of Control, whichever comes later (a “Non-Change of Control Severance Termination”), then, subject to Employee (i) executing and not revoking a standard release of claims in favor of the Company; provided, however, that such release shall preserve all indemnification rights of Employee and all other rights of Employee under the currently existing indemnification agreement or similar agreement with the Company (a “Release”), and (ii) not breaching the provisions of Section 7 hereof, then Employee shall be entitled to receive the following severance and non-competition benefits:
Termination not in Connection with a Change of Control. In the event (a) that the Company terminates Executive's employment without Just Cause (excluding termination due to death or permanent disability (as defined in Section 22(e) of the Internal Revenue Code of 1986, as amended)), or (b) of a Constructive Discharge (any termination described in clause (a) or (b) being referred to as a "Severance"), unless such Severance occurs within one (1) year prior to or following a Change of Control (in which event Section 3.2 below shall govern), then Executive shall be entitled to the following (collectively, the "Severance Benefits"):
Termination not in Connection with a Change of Control. In the event of Employee's termination of employment by AXOGEN without Substantial Cause prior to a Change of Control, Employee shall be entitled to a severance payment consisting of: (A) twelve (12) months of Employee's base salary; and (B) an amount equal to any bonuses paid to Employee during the twelve (12) month period prior to Employee's termination of employment. Notwithstanding anything to the contrary contained in this Section 5(b)(ii), no severance payment will be owed to Employee if Employee is terminated by AXOGEN (with or without cause) within nine months of the first date of Employees employment with AXOGEN.
Termination not in Connection with a Change of Control. In the event of Employee’s termination of employment by AXOGEN without Substantial Cause either prior to a Change of Control or following the date that is one hundred and eighty (180) days following a Change in Control, Employee shall be entitled to a severance payment consisting of (A) twelve (12) months of Employee’s base salary; and (B) an amount equal to any bonuses paid to Employee during the twelve (12) month period prior to Employee’s termination of employment.
Termination not in Connection with a Change of Control. If the Executive has a Separation from Service due to the Executive’s employment being terminated by the Company without Cause or by the Executive for Good Reason, and such termination is not a Change of Control Termination, the following benefits shall be provided to the Executive:
Termination not in Connection with a Change of Control. In the event that the Company terminates your employment other than for Cause, death, or Disability (as defined in the COC Policy) outside of the Change of Control Period (as defined in the COC Policy), then, subject to your executing and not revoking the Company’s form of Separation Agreement and Release in a form substantially similar to the form attached as an exhibit to the COC Policy (the “Release Agreement”) within the time prescribed below, you will be entitled to (i) receive severance pay at a rate equal to one hundred percent (100%) of your Base Salary, as then in effect (less applicable withholdings) for a period of six (6) months following the date of such termination, (ii) extension of the period of time in which you have to exercise your vested options to purchase Company common stock subject to the Option until the date that is twelve (12) months following your termination date, subject to earlier termination on a change in control (or similar transaction) pursuant to the terms of the equity plan under which the options are granted, (iii) any unvested Buyout RSU Grant 1 shares will vest. In addition, in the event that the Company terminates your employment other than for Cause, death, or Disability (as defined in the COC Policy) outside of the Change of Control Period and prior to the two year anniversary of your Hire Date, then, subject to your executing and not revoking the Release Agreement within the time prescribed below the vesting of Buyout RSU Grant 2, the New Hire RSU Grant and the Option will vest as to shares that would have vested had you remained employed for six (6) months after your termination date. For the sake of clarity, neither Buyout RSU Grant 3 nor the PSUs will vest pursuant to this paragraph. The severance pay shall be paid in accordance with the Company’s normal payroll practices and shall terminate 6 months following the date of your termination of employment with the Company. The Release Agreement must become effective and irrevocable no later than the sixtieth (60th) day following your actual termination date (the “Release Deadline”). If the Release Agreement does not become effective and irrevocable by the Release Deadline (unless such failure to become effective results from action or inaction by the Company), you will forfeit any right to severance payments or benefits under this section. In no event will severance payments or benefits be paid or provided until the Release Agreement becomes effective and irrevoc...
Termination not in Connection with a Change of Control. In the event the Employee’s employment terminates for any reason or no reason, whether on account of Disability, Death, or otherwise, at a time not during the Designated Period, then the Employee shall not be entitled to receive severance and any other benefits under Section 3(a) of this Agreement.
Termination not in Connection with a Change of Control. If the Employee’s employment with either Acorn or CoaLogix terminates as a result of Involuntary Termination (as defined below) other than for Cause at any time prior to an announcement of a Change of Control or on or after the date that is twenty-four months following a Change of Control or the announcement of a Change of Control, whichever comes later (a “Non-Change of Control Severance Termination”), then, subject to Employee (i) executing and not revoking a standard release of claims in favor of the Companies within twenty-eight (28) days of the Termination Date, provided that such release shall preserve all indemnification rights of Employee (a “Release”), and (ii) not breaching the provisions of Section 6 hereof and the Confidential Information and Invention Assignment Agreement, then Employee shall be entitled to receive the following severance and non-competition benefits:
