Common use of Termination of Employment Following Change in Control Clause in Contracts

Termination of Employment Following Change in Control. (a) If a Change in Control (as defined in Section 6(b) of this Agreement) shall occur and if, within twelve (12) months following the Change in Control (as defined in Section 6(b) of this Agreement), Executive’s employment is involuntarily terminated (other than for the Cause as defined in Section 4(b) of this Agreement), then, Executive may give notice of intention to collect benefits under this Agreement, by delivering a notice in writing (the “Notice of Termination”) to Corporation and Bank and the provisions of Section 7 of this Agreement shall apply. (b) As used in this Agreement, “Change in Control” shall mean a change in control (other than one occurring by reason of an acquisition of the Bank and/or Corporation by Executive) of a nature that would be required to be reported in response to Item 6(e) of Schedule 14A of Regulation 14A or any successor rule or regulation promulgated under the Securities Exchange Act of 1934, as amended (the “1934 Act”); provided that, without limiting the foregoing, a Change in Control shall be deemed to have occurred if:

Appears in 5 contracts

Samples: Employment Agreement (Sun Bancorp Inc), Employment Agreement (Sun Bancorp Inc), Employment Agreement (Sun Bancorp Inc)

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Termination of Employment Following Change in Control. (a) If a Change in Control (as defined in Section 6(b) of this Agreement) shall occur and ifthen, at the option of Executive, exercisable by Executive within twelve one hundred eighty (12180) months following days of the Change in Control (as defined in Section 6(b) of this Agreement), Executive’s employment is involuntarily terminated (other than for the Cause as defined in Section 4(b) of this Agreement), thenControl, Executive may resign from employment with Corporation and Bank (or, if involuntarily terminated, give notice of intention to collect benefits under this Agreement, ) by delivering a notice in writing (the “Notice of Termination”) to Corporation and Bank and the provisions of Section 7 of this Agreement shall apply. (b) As used in this Agreement, “Change in Control” shall mean a change in control (other than one occurring by reason of an acquisition of the Bank and/or Corporation by Executive) of a nature that would be required to be reported in response to Item 6(e) of Schedule 14A of Regulation 14A or any successor rule or regulation promulgated under the Securities Exchange Act of 1934, as amended (the “1934 Act”); provided that, without limiting the foregoing, a Change in Control shall be deemed to have occurred if:

Appears in 1 contract

Samples: Employment Agreement (Sun Bancorp Inc)

Termination of Employment Following Change in Control. (a) If a Change in Control (as defined in Section 6(b) of this Agreement) shall occur and if, within twelve (12) months following the Change in Control (as defined in Section 6(b) of this Agreement), Executive’s 's employment is involuntarily terminated (other than for the Cause as defined in Section 4(b) of this Agreement), then, Executive may give notice of intention to collect benefits under this Agreement, by delivering a notice in writing (the "Notice of Termination") to Corporation and Bank and the provisions of Section 7 of this Agreement shall apply. (b) As used in this Agreement, "Change in Control" shall mean a change in control (other than one occurring by reason of an acquisition of the Bank and/or Corporation by Executive) of a nature that would be required to be reported in response to Item 6(e) of Schedule 14A of Regulation 14A or any successor rule or regulation promulgated under the Securities Exchange Act of 1934, as amended (the "1934 Act"); provided that, without limiting the foregoing, a Change in Control shall be deemed to have occurred if:

Appears in 1 contract

Samples: Employment Agreement (Sun Bancorp Inc)

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Termination of Employment Following Change in Control. (a) If a Change in Control (as defined in Section 6(b) of this Agreement) shall occur and ifthen, at the option of Executive, exercisable by Executive within twelve one hundred eighty (12180) months following days of the Change in Control (as defined in Section 6(b) of this Agreement), Executive’s employment is involuntarily terminated (other than for the Cause as defined in Section 4(b) of this Agreement), thenControl, Executive may resign from employment with Corporation and Bank (or, if involuntarily terminated, give notice of intention to collect benefits under this Agreement, ) by delivering a notice in writing (the "Notice of Termination") to Corporation and Bank and the provisions of Section 7 of this Agreement shall apply. (b) As used in this Agreement, "Change in Control" shall mean a change in control (other than one occurring by reason of an acquisition of the Bank and/or Corporation by Executive) of a nature that would be required to be reported in response to Item 6(e) of Schedule 14A of Regulation 14A or any successor rule or regulation promulgated under the Securities Exchange Act of 1934, as amended (the "1934 Act"); provided that, without limiting the foregoing, a Change in Control shall be deemed to have occurred if:

Appears in 1 contract

Samples: Employment Agreement (Sun Bancorp Inc)

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