Termination of SAR. In the event of Participant’s termination of employment with the Company (or, in each case described in this Paragraph 6, a Subsidiary of the Company) for Cause, this SAR will expire and be cancelled upon such termination. In the event of Participant’s termination of employment without Cause, or in the event Participant resigns his or her employment for a reason other than Disability or retirement, this SAR will remain convertible into Common Stock to the extent vested as of the date of termination until the expiration of one (1) year after such termination, on which date it will expire; to the extent not vested as of the date of termination, this SAR will expire at the close of business on the date of termination. In the event of Participant’s termination of employment on account of Disability or death of the Participant or in the event Participant retires from active full-time employment with the Company and does not become re-employed by another company in the same industry as the Company, this SAR will remain convertible into Common Stock with respect to all Shares, whether or not vested as to such Shares as of the date of termination, until the Expiration Date. In the event Participant dies within three (3) months following his or her termination of employment without Cause, this SAR will remain convertible into Common Stock to the extent vested as of the date of termination until the Expiration Date or, if sooner, one (1) year from the date of Participant’s death; to the extent not vested as of the date of termination of employment, this SAR will expire at the close of business on the date of termination of employment. Notwithstanding anything to the contrary in this Section 6 or in this Agreement, if a Participant violates a non-compete provision in any agreement between the Company and the Participant, then such non-compete violation shall cause the immediate cancellation and termination of this SAR.
Appears in 1 contract
Samples: Stock Appreciation Right Agreement (Americredit Corp)
Termination of SAR. In the event of Participant’s termination of employment with the Company (or, in each case described in this Paragraph 6, a Subsidiary of the Company) for Cause, this SAR will expire and be cancelled upon such termination. In the event of Participant’s termination of employment without Cause, or in the event Participant resigns his or her employment for a reason other than Disability or retirement, this SAR will remain convertible into Common Stock to the extent vested as of the date of termination until the expiration of one ninety (190) year days after such termination, on which date it will expire; to the extent not vested as of the date of termination, this SAR will expire at the close of business on the date of termination. In the event of Participant’s termination of employment as a result of retirement under any retirement plan of the Company or a Subsidiary of the Company (within the meaning of Section 424(f) of the Code), this SAR will remain convertible into Common Stock to the extent vested as of the date of termination until the Expiration Date; to the extent not vested as of the date of termination, this SAR will expire at the close of business on the date of termination. In the event of Participant’s termination of employment on account of Disability or death of the Participant or in the event Participant retires from active full-time employment with the Company and does not become re-employed by another company in the same industry as the CompanyParticipant, this SAR will remain convertible into Common Stock with respect to all Shares, whether or not vested as to such Shares as of the date of termination, until the Expiration Date. In the event Participant dies within three (3) months following his or her termination of employment without Cause, this SAR will remain convertible into Common Stock to the extent vested as of the date of termination until the Expiration Date or, if sooner, one (1) year from the date of Participant’s death; to the extent not vested as of the date of termination of employment, this SAR will expire at the close of business on the date of termination of employment. Notwithstanding anything Any substituted option will be subject to the contrary cancellation terms set forth in this Section 6 or in this Agreement, if a Participant violates a non-compete provision in any agreement between 6(c)(7) of the Company and the Participant, then such non-compete violation shall cause the immediate cancellation and termination of this SARPlan.
Appears in 1 contract
Samples: Stand Alone Stock Appreciation Right Agreement (Del Monte Foods Co)
Termination of SAR. In the event of Participant’s termination of employment with the Company (or, in each case described in this Paragraph 65, a Subsidiary of the Company) for Cause, this SAR will expire and be cancelled upon such termination. In the event of Participant’s termination of employment without Cause, or in the event Participant resigns his or her employment for a reason other than Disability or retirement, this SAR will remain convertible into Common Stock to the extent vested as of the date of termination until the expiration of one ninety (190) year days after such termination, on which date it will expire; to the extent not vested as of the date of termination, this SAR will expire at the close of business on the date of termination. In the event of Participant’s termination of employment as a result of retirement under any retirement plan of the Company or a Subsidiary of the Company (within the meaning of Section 424(f) of the Code), this SAR will remain convertible into Common Stock to the extent vested as of the date of termination until the Expiration Date; to the extent not vested as of the date of termination, this SAR will expire at the close of business on the date of termination. In the event of Participant’s termination of employment on account of Disability or death of the Participant or in the event Participant retires from active full-time employment with the Company and does not become re-employed by another company in the same industry as the CompanyParticipant, this SAR will remain convertible into Common Stock with respect to all Shares, whether or not vested as to such Shares as of the date of termination, until the Expiration Date. In the event Participant dies within three (3) months following his or her termination of employment without Cause, this SAR will remain convertible into Common Stock to the extent vested as of the date of termination until the Expiration Date or, if sooner, one (1) year from the date of Participant’s death; to the extent not vested as of the date of termination of employment, this SAR will expire at the close of business on the date of termination of employment. Notwithstanding anything to the contrary in this Section 6 or in this Agreement, if a Participant violates a non-compete provision in any agreement between the Company and the Participant, then such non-compete violation shall cause the immediate cancellation and termination of this SAR.
Appears in 1 contract
Samples: Stand Alone Stock Appreciation Right Agreement (Del Monte Foods Co)
Termination of SAR. This SAR shall terminate as follows:
(a) In the event of Participant’s termination of employment with the Company (or, in each case described in this Paragraph 6, a Subsidiary of the Company) for Cause, this SAR will expire and be cancelled upon such termination. .
(b) In the event of Participant’s termination of employment without Cause, or in the event Participant resigns his or her employment for a reason other than Disability or retirementDisability, this SAR will remain convertible into Common Stock to the extent vested as of the date of termination until the expiration of one (1) year after such terminationtermination or, on which date it will expireif sooner, the Expiration Date; to the extent not vested as of the date of termination, this SAR will expire at the close of business on the date of termination. .
(c) In the event Participant is at least 65 years of age or older and terminates his or her employment by reason of retirement, this SAR will remain convertible into Common Stock to the extent vested as of the date of retirement until the Expiration Date; to the extent not vested as of the date of retirement, this SAR will expire at the close of business on the date of retirement.
(d) In the event of Participant’s termination of employment on account of Disability or death of the Participant or in the event Participant retires from active full-time employment with the Company and does not become re-employed by another company in the same industry as the CompanyParticipant, this SAR will remain convertible into Common Stock with respect to all Shares, whether or not vested as to such Shares as of the date of termination, until the Expiration Date. In the event Participant dies within three .
(3e) months following his or her termination of employment without Cause, this SAR will remain convertible into Common Stock to the extent vested as of the date of termination until the Expiration Date or, if sooner, one (1) year from the date of Participant’s death; to the extent not vested as of the date of termination of employment, this SAR will expire at the close of business on the date of termination of employment. Notwithstanding anything to the contrary in this Section 6 or in this Agreement, if a Participant violates a non-compete provision in any agreement between the Company and the Participant, then such non-compete violation shall cause the immediate cancellation and termination of this SAR.
Appears in 1 contract
Samples: Stock Appreciation Right Agreement (Americredit Corp)