Common use of Termination Without Cause; Death or Incapacity Clause in Contracts

Termination Without Cause; Death or Incapacity. If Executive is ---------------------------------------------- no longer employed by Publishing or any of its Affiliates as a result of (A) a termination by Publishing without Cause, (B) as a result of death or Incapacity or (C) any other reason not covered by Sections 8(a)(ii) or 8(a)(iii) below, then (x) the Company and the Investors may elect to purchase all or any portion of the Vested Shares (including all or any portion of any class thereof), at a price per Share equal to Fair Market Value thereof and (y) the Company and the Investors may elect to purchase all or any portion of the Unvested Shares at a price per share equal to the lesser of the Original Cost thereof and the Fair Market Value thereof.

Appears in 1 contract

Samples: Executive Agreement (Etesting Labs Inc)

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Termination Without Cause; Death or Incapacity. If Executive is ---------------------------------------------- --------------------------------------------- no longer employed by Publishing or any of its Affiliates as a result of (A) a termination by Publishing without Cause, (B) as a result of death or Incapacity or (C) any other reason not covered by Sections 8(a)(ii) or 8(a)(iii) below, then (x) the Company and the Investors may elect to purchase all or any portion of the Vested Shares (including all or any portion of any class thereof), at a price per Share equal to the Fair Market Value thereof and (y) the Company and the Investors may elect to purchase all or any portion of the Unvested Shares at a price per share equal to the lesser of the Original Cost thereof and the Fair Market Value thereof.

Appears in 1 contract

Samples: Executive Agreement (Etesting Labs Inc)

Termination Without Cause; Death or Incapacity. If Executive ---------------------------------------------- is ---------------------------------------------- no longer employed by Publishing or any of its Affiliates as a result of (A) a termination by Publishing without Cause, (B) as a result of death or Incapacity or (C) any other reason not covered by Sections Section 8(a)(ii) or 8(a)(iii) below, then (x) the Company and the Investors may elect to purchase all or any portion of the Vested Shares (including all or any portion of any class thereof), at a price per Share equal to the Fair Market Value thereof as of the date such employment was terminated and (y) the Company and the Investors may elect to purchase all or any portion of the Unvested Shares at a price per share equal to the lesser of the Original Cost thereof and the Fair Market Value thereofthereof as of the date such employment was terminated.

Appears in 1 contract

Samples: Executive Agreement (Etesting Labs Inc)

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Termination Without Cause; Death or Incapacity. If Executive is no ---------------------------------------------- no longer employed by Publishing or any of its Affiliates as a result of (A) a termination by Publishing without Cause, (B) as a result of death or Incapacity or (C) any other reason not covered by Sections 8(a)(ii) or 8(a)(iii) below, then (x) the Company and the Investors may elect to purchase all or any portion of the Vested Shares (including all or any portion of any class thereof), at a price per Share equal to the Fair Market Value thereof and (y) the Company and the Investors may elect to purchase all or any portion of the Unvested Shares at a price per share equal to the lesser of the Original Cost thereof and the Fair Market Value thereof.

Appears in 1 contract

Samples: Executive Agreement (Ziff Davis Media Inc)

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