Termination without Cause or Due to Death or Disability Sample Clauses

Termination without Cause or Due to Death or Disability. In the event of a termination of a Holder's employment by Fortress without Cause or due to death or Disability, the date of such termination shall automatically effect an immediate redemption, for no consideration, of all of such Holder's Class A Preferred Units; provided, however, that if the Holder (or his estate, in the case of such Holder's death) executes a general release of claims, in the form customarily used by Fortress, within forty-five (45) days following such termination, death or Disability, and such release becomes irrevocable, then (i) such redemption shall not take effect until after the distribution for the Fiscal Year in which such termination, death or Disability occurred, and (ii) if any portion of such Holder's Class A Preferred Units constitutes a Promote that is vested, and does not constitute deferred compensation under Code Section 409A, then promptly after such redemption, the Partnership shall cause to be issued or assigned to such Holder a Vested Promote Interest which corresponds to the vested portion of the Holder's Class A Preferred Units. The Partnership may defer any payment otherwise due hereunder with respect to such Holder's Class A Preferred Units until a determination has been made as to whether or not such proviso applies.
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Termination without Cause or Due to Death or Disability. If your Service terminates without cause or due to your death or Disability, then this Option will expire at the close of business at the Company’s headquarters on the date seven (7) years after the date your Service terminates (or, if earlier, the Expiration Date). The Company determines when your Service terminates for this purpose and all purposes under the Plan and its determinations are conclusive and binding on all persons. If your service terminates due to your death, during that period of up to seven (7) years, your estate or heirs may exercise this Option. If this Option is an ISO and you exercise it more than three (3) months after termination of your Service as an Employee for any reason, your Option will cease to be eligible for ISO tax treatment.
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Termination without Cause or Due to Death or Disability. In the event Executive’s employment terminates during the Term (i) by the Company without Cause, and (ii) as a result of Executive’s death or Disability, Executive, or his beneficiary or beneficiaries if applicable, shall receive, subject to the execution of a waiver and release of claims in favor of the Company and all Affiliates;
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Termination without Cause or Due to Death or Disability. If during the Retention Period, your employment is terminated (i) by the Company without Cause or (ii) due to your death or Disability, then a lump-sum payment equal to the aggregate of the remaining Quarterly Retention Payments that would have been paid to you over the remainder of the Retention Period, absent such termination, shall be paid to you within 30 days following such termination date. For purposes of this Agreement, (x) “Cause” means your conviction by a court of competent jurisdiction, from which conviction no further appeal can be taken, of a felony-grade crime involving moral turpitude related to your employment with the Company, or the Company’s Chief Executive Officer determines that your conduct has materially failed to comply with the Company’s Code of Business Conduct and Ethics and related policies or had a material adverse effect on the business reputation or economic interests of the Company; and (y) “Disability” means you are unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, with such inability and its anticipated duration to be determined solely by a medical physician of your choice to be approved by the Company, which approval shall not be unreasonably withheld.
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Termination without Cause or Due to Death or Disability. In the event of the Participant’s Termination of Directorship by the Company without Cause or due to the Participant’s death or Disability, all outstanding and unvested RSUs shall fully vest as of the date of such Termination of Directorship.
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Related to Termination without Cause or Due to Death or Disability

  • Termination Due to Death or Disability Executive’s employment shall terminate automatically upon Executive’s death. The Company may terminate Executive’s employment immediately upon the occurrence of a Disability, such termination to be effective upon Executive’s receipt of written notice of such termination. Upon Executive’s death or in the event that Executive’s employment is terminated due to Executive’s Disability, Executive or Executive’s estate or Executive’s beneficiaries, as the case may be, shall be entitled to:

  • Termination of Employment Due to Death or Disability 4.1. In the event of your termination of employment due to death or permanent disability (within the meaning of Section 22(e)(3) of the Internal Revenue Code of 1986 (the “Code”)) during the Initial Term or the Additional Term, on the date of such termination each outstanding and unvested equity award held by you that, pursuant to its terms, vests solely based upon providing continued service to Skyworks, including, without limitation, stock options, restricted stock awards (including restricted stock unit awards), and performance-based equity awards that are earned but unissued, shall automatically become vested, exercisable, and issuable, and any forfeiture restrictions thereon shall immediately lapse, as applicable, in each case, with respect to one-hundred percent (100%) of that number of then-unvested shares underlying such equity award.

  • Due to Death or Disability Employer will have the right to immediately terminate Executive’s services and this Agreement due to death or disability. For purposes of this Agreement, “disability” means the incapacity or inability of Executive, whether due to accident, sickness or otherwise, as determined by a medical doctor acceptable to the Board of Directors of Employer and confirmed in writing by such doctor, to perform the essential functions of Executive’s position under this Agreement, with or without reasonable accommodation (provided that no accommodation that imposes undue hardship on Employer will be required) for a period of sixty (60) consecutive days or for an aggregate of ninety (90) days during any period of twelve (12) months, or such longer period as may be required under disability law. Upon termination of Executive’s employment hereunder due to death or disability, the Company shall pay the Executive no later than fourteen (14) days from the termination date in a lump sum: (i) Executive’s salary through the date of termination, (ii) a prorated portion of any incentive bonus opportunity previously approved by the Board, (iii) for any unused vacation time, and (iv) for any unreimbursed business expenses that are subject to reimbursement under Employer’s then current policy on business expenses. Upon termination of Executive’s employment hereunder due to death or disability, all unvested stock options, awards, or other equity grants or awards shall immediately fully vest for the benefit of Executive’s estate. Executive or Executive’s estate (as the case may be) shall be entitled to receive any vested benefits required to be paid by law and any vested compensation required to be paid by law.

  • Termination of Service Due to Death or Disability If an Awardee’s service on the Board terminates by reason of death or Disability, the restrictions and risk of forfeiture with respect to the Restricted Stock which have not expired shall immediately lapse and all shares of the Restricted Stock shall be deemed fully vested and nonforfeitable.

  • Termination Due to Disability or Death Executive’s employment hereunder may be terminated by the Company as follows:

  • By Death or Disability Executive’s employment and this Agreement shall terminate upon Executive’s Disability or death. For purposes of this Agreement, “Disability” shall mean Executive's inability, due to physical or mental incapacity, to perform the essential functions of Executive's job, with or without reasonable accommodation, for one hundred eighty (180) days out of any three hundred sixty-five (365) day period; provided however, in the event that the Company temporarily replaces the Executive, or transfers the Executive's duties or responsibilities to another individual on account of the Executive's inability to perform such duties due to a mental or physical incapacity which is, or is reasonably expected to become, a Disability, then the Executive's employment shall not be deemed terminated by the Company. Any question as to the existence of the Executive's Disability as to which the Executive and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to the Executive and the Company. If the Executive and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to the Company and the Executive shall be final and conclusive for all purposes of this Agreement. The Company shall give Executive written notice of termination for Disability and the termination shall be effective as of the date specified in such notice.

  • Termination for Death or Disability If the Employee's employment is terminated by death or because of disability pursuant to Section 4.3, the Company shall pay to the estate of the Employee or to the Employee, as the case may be, all sums which would otherwise be payable to the Employee under Section 3 up to the end of the month in which the termination of his employment because of death or disability occurs.

  • Termination by Death or Disability In the event of the Executive’s death or total disability (as defined in Section 22(e)(3) of the Internal Revenue Code of 1986, as amended) during the Term, the Term and Executive’s employment shall terminate on the date of death or total disability. In the event of such termination, the Company’s sole obligations hereunder to the Executive (or the Executive’s estate) shall be for unpaid Base Salary, accrued but unpaid bonus and benefits (then owed or accrued and owed in the future), a pro-rata bonus for the year of termination based on the Executive’s target bonus for such year and the portion of such year in which the Executive was employed, and reimbursement of expenses pursuant to the terms hereon through the effective date of termination, each of which shall be paid within 10 days following the date of the Executive’s termination, and any unvested portion of any Equity Grants shall immediately be forfeited as of the termination date without any further action of the Parties.

  • TERMINATION FOR DISABILITY OR DEATH (a) Termination of Executive’s employment based on “Disability” shall be construed to comply with Section 409A of the Internal Revenue Code and shall be deemed to have occurred if: (i) Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than 12 months; (ii) by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than 12 months, Executive is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Bank or the Company; or (iii) Executive is determined to be totally disabled by the Social Security Administration. The provisions of Sections 6(b) and (c) shall apply upon the termination of the Executive’s employment based on Disability. Upon the determination that Executive has suffered a Disability, disability payments hereunder shall commence within thirty (30) days.

  • Termination Without Cause The Company may terminate the Executive’s employment hereunder at any time without Cause. Any termination by the Company of the Executive’s employment under this Agreement which does not constitute a termination for Cause under Section 3(c) and does not result from the death or disability of the Executive under Section 3(a) or (b) shall be deemed a termination without Cause.

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