Common use of Termination Preceding Change in Control Clause in Contracts

Termination Preceding Change in Control. Notwithstanding the provisions of the above subsection 7(b), if the Executive’s employment with the Company is terminated by the Company without Cause within three (3) months preceding the occurrence of a Change in Control and such termination without Cause occurred in anticipation of a Change in Control at the request of the acquirer, the Executive shall be entitled to the payments and benefits described in the above subsection 7(b)(I).

Appears in 11 contracts

Samples: Employment Agreement (Sunshine Silver Mining & Refining Corp), Employment Agreement (Sunshine Silver Mining & Refining Corp), Employment Agreement (Sunshine Silver Mining & Refining Corp)

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Termination Preceding Change in Control. Notwithstanding the provisions of the above subsection 7(b), if the Executive’s 's employment with the Company or the Parent Company is terminated by the Company or the Parent Company if applicable without Cause or for Good Reason within three six (36) months preceding the occurrence of a Change in Control and such termination without Cause or for Good Reason occurred in anticipation of a Change in Control at the request of the acquirer, the Executive shall be entitled to the payments and benefits described in the above subsection 7(b)(Ifirst clause of Section 7(b).

Appears in 2 contracts

Samples: Executive Employment Agreement (Gatos Silver, Inc.), Executive Employment Agreement (Gatos Silver, Inc.)

Termination Preceding Change in Control. Notwithstanding the provisions of the above subsection 7(b), if the Executive’s 's employment with the Company or the Parent Company is terminated by the Company or the Parent Company if applicable without Cause within three (3) months preceding the occurrence of a Change in Control and such termination without Cause occurred in anticipation of a Change in Control at the request of the acquirer, the Executive shall be entitled to the payments and benefits described in the above subsection 7(b)(I7(b)(A).. ​

Appears in 1 contract

Samples: Employment Agreement (Gatos Silver, Inc.)

Termination Preceding Change in Control. Notwithstanding the provisions of the above subsection 7(b), if the Executive’s employment with the Company is terminated by the Company without Cause within three (3) months preceding the occurrence of a Change in Control and such termination without Cause occurred in anticipation of a Change in Control at the request of the acquirer, the Executive shall be entitled to the payments and benefits described in the above subsection 7(b)(I).. ​

Appears in 1 contract

Samples: Employment Agreement (Gatos Silver, Inc.)

Termination Preceding Change in Control. Notwithstanding the provisions of the above subsection 7(b), if the Executive’s employment with the Company or the Parent Company is terminated by the Company or the Parent Company if applicable without Cause or for Good Reason within three six (36) months preceding the occurrence of a Change in Control and such termination without Cause or for Good Reason occurred in anticipation of a Change in Control at the request of the acquirer, the Executive shall be entitled to the payments and benefits described in the above subsection 7(b)(Ifirst clause of Section 7(b).. ​

Appears in 1 contract

Samples: Executive Employment Agreement (Gatos Silver, Inc.)

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Termination Preceding Change in Control. Notwithstanding the provisions of the above subsection 7(b), if the If Executive’s employment with the Company is terminated by the Company without for any reason other than Cause within three (3) months preceding or Disability, such termination occurs during the occurrence negotiation or after execution of a definitive agreement with respect to a Change in Control Control, and such termination without Cause occurred in anticipation of a the Change in Control at is consummated within sixty (60) days following the request of the acquirerTermination Date, the termination shall be treated as though it had occurred within twelve (12) months following the Change in Control for purposes of this Section 2, and Executive shall be entitled to the payments and benefits described set forth in the above subsection 7(b)(I)Section 2(a)-(e) in exchange for a signed unrevoked General Release as provided under Section 3 below.

Appears in 1 contract

Samples: Executive Change in Control Agreement (Onto Innovation Inc.)

Termination Preceding Change in Control. Notwithstanding the provisions of the above subsection 7(b), if the Executive’s employment with the Company is terminated by the Company without Cause within three (3) months preceding the occurrence of a Change in Control and such termination without Cause occurred in anticipation of a Change in Control at the request of the acquirerControl, the Executive shall be entitled to the payments and benefits described in the above subsection 7(b)(I7(b).

Appears in 1 contract

Samples: Executive Employment Agreement (Lightning eMotors, Inc.)

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