Common use of Termination Upon a Disability Clause in Contracts

Termination Upon a Disability. Upon the termination of the Executive's employment by the Company upon the occurrence of a Disability pursuant to Section 4(e) hereof, the Company shall pay to the Executive (i) that portion of the Executive's Base Salary earned through the date of his last day of employment with the Company on its next regularly scheduled payroll date, (ii) a severance payment, payable in a lump sum, equal to the Executive's monthly Base Salary for three (3) months, (iii) all amounts that are fully vested and properly payable on or before his last day of employment under all retirement plans of the Company in accordance with the provisions of such plans, and (iv) all other amounts that are properly payable to the Executive by the Company that have not been paid to him on or before his last day of employment. The foregoing amounts shall be paid to the Executive within sixty (60) days following his last day of employment with the Company, unless provided otherwise by the ESOP or by a retirement, incentive compensation or other plan of the Company. In addition, all outstanding awards of cash bonuses, stock options, restricted stock and other incentive compensation (whether cash or equity based) shall vest and be paid or distributed to, or be exercisable by, as the case may be, the Executive in accordance with (I) the applicable Incentive Plan, (II) the applicable Award Agreement, or (III) in the absence of an Incentive Plan or an Award Agreement relating to a particular award, as determined by the Board of Directors (or a committee thereof) or the Chairman of the Company.

Appears in 2 contracts

Samples: Employment Agreement (Chromcraft Revington Inc), Employment Agreement (Chromcraft Revington Inc)

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Termination Upon a Disability. Upon the termination of the Executive's ’s employment by the Company upon the occurrence of a Disability pursuant to Section 4(e) hereof, the Company shall pay to the Executive (i) that portion of the Executive's ’s Base Salary earned through the date of his last day of employment with the Company on its next regularly scheduled payroll date, (ii) a severance payment, payable in a lump sum, equal to the Executive's monthly ’s Base Salary (calculated as a monthly amount) for three (3) months, (iii) all amounts that are fully vested and properly payable on or before his last day of employment under all retirement plans of the Company in accordance with the provisions of such plans, and (iv) all other amounts that are properly payable to the Executive by the Company that have not been paid to him on or before his last day of employment. The foregoing amounts shall be paid to the Executive within sixty (60) days following his last day of employment with the Company, unless provided otherwise by the ESOP or by a retirement, incentive compensation or other plan of the Company. In addition, all outstanding awards of cash bonuses, stock options, restricted stock and other incentive compensation (whether cash or equity based) shall vest and be paid or distributed to, or be exercisable by, as the case may be, the Executive in accordance with (I) the applicable Incentive Plan, (II) the applicable Award Agreement, or (III) in the absence of an Incentive Plan or an Award Agreement relating to a particular award, as determined by the Board of Directors (or a committee thereof) or the Chairman of the Company.

Appears in 2 contracts

Samples: Employment Agreement (Outcast Inc), Employment Agreement (Chromcraft Revington Inc)

Termination Upon a Disability. Upon the termination of the Executive's ’s employment by the Company upon the occurrence of a Disability pursuant to Section 4(e) hereof, the Company shall pay to the Executive (i) that portion of the Executive's ’s Base Salary earned through the date of his last day of employment with the Company on its next regularly scheduled payroll date, (ii) a severance payment, payable in a single lump sum, equal to the Executive's monthly ’s Base Salary (calculated as a monthly amount) for three six (36) months, (iii) all amounts that are fully vested and properly payable on or before his last day of employment under all retirement plans of the Company in accordance with the provisions of such plans, and (iv) all other amounts that are properly payable to the Executive by the Company that have not been paid to him on or before his last day of employment. The foregoing amounts shall be paid to the Executive within sixty (60) days following his last day of employment with the Companyemployment, unless provided otherwise by the ESOP ESOP, by a retirement or other plan, by policy or by a retirement, incentive compensation or other plan the historical practices of the Company. In addition, all outstanding awards of cash bonuses, stock options, restricted stock and other incentive compensation (whether cash or equity based) shall vest and be paid or distributed to, or be exercisable by, as the case may be, the Executive in accordance with (I) the applicable Incentive Plan, (II) the applicable Award Agreement, or (III) in the absence of an Incentive Plan or an Award Agreement relating to a particular award, as determined by the Board of Directors (or a committee thereof) Directors, the Compensation Committee or the Chairman of the Company.

Appears in 1 contract

Samples: Employment Agreement (Chromcraft Revington Inc)

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Termination Upon a Disability. Upon the termination of the Executive's ’s employment by the Company upon the occurrence of a Disability pursuant to Section 4(e) hereof, the Company shall pay to the Executive (i) that portion of the Executive's ’s Base Salary earned through the date of his her last day of employment with the Company on its next regularly scheduled payroll date, (ii) a severance payment, payable in a lump sum, equal to the Executive's monthly ’s Base Salary (calculated as a monthly amount) for three (3) months, (iii) all amounts that are fully vested and properly payable on or before his her last day of employment under all retirement plans of the Company in accordance with the provisions of such plans, and (iv) all other amounts that are properly payable to the Executive by the Company that have not been paid to him her on or before his her last day of employment. The foregoing amounts shall be paid to the Executive within sixty (60) days following his her last day of employment with the Company, unless provided otherwise by the ESOP or by a retirement, incentive compensation or other plan of the Company. In addition, all outstanding awards of cash bonuses, stock options, restricted stock and other incentive compensation (whether cash or equity based) shall vest and be paid or distributed to, or be exercisable by, as the case may be, the Executive in accordance with (I) the applicable Incentive Plan, (II) the applicable Award Agreement, or (III) in the absence of an Incentive Plan or an Award Agreement relating to a particular award, as determined by the Board of Directors (or a committee thereof) or the Chairman of the Company.

Appears in 1 contract

Samples: Employment Agreement (Outcast Inc)

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