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:
Appears in 4 contracts
Samples: Employment Agreement (Renegy Holdings, Inc.), Employment Agreement (Catalytica Energy Systems Inc), Employment Agreement (Catalytica Energy Systems Inc)
Termination not in Connection with a Change of Control. If the Employee’s employment with SCR-Tech 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 6 hereof, then Employee shall be entitled to receive the following severance and non-competition benefits:
Appears in 2 contracts
Samples: Employment Agreement (Renegy Holdings, Inc.), Employment Agreement (Catalytica Energy Systems Inc)
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 any indemnification agreement or similar agreement with the Company (a “Release”), and (ii) not breaching the provisions of Section 7 5 hereof, then Employee shall be entitled to receive the following severance and non-competition benefits:
Appears in 2 contracts
Samples: Retention Agreement (Catalytica Energy Systems Inc), Retention Agreement (Catalytica Energy Systems Inc)
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 5 hereof, then Employee shall be entitled to receive the following severance and non-competition benefits:
Appears in 2 contracts
Samples: Retention Agreement (Catalytica Energy Systems Inc), Retention Agreement (Catalytica Energy Systems Inc)