Transition Period and Separation Date. (a) Effective as of May 15, 2019 (the “Transition Date”) your role as President and Chief Executive Officer of the Company terminated, provided that you will remain employed by the Company as a senior advisor to provide certain transition services to the Company through the date that your employment terminates (the “Separation Date”). Provided that you comply in full with your obligations hereunder, it is expected that the Separation Date will be July 12, 2019. The period beginning on the Transition Date and concluding on the Separation Date is hereinafter referred to as the “Transition Period”. The Company may terminate your employment at any time before and during the Transition Period upon notice to you.
(b) During the Transition Period, you will continue to receive your base salary, payable at the rate in effect as of the date hereof, and to participate in all employee benefit plans of the Company accordance with the terms of those plans, except that you will not continue to accrue vacation time. During the Transition Period, you shall continue to abide by Company policies and be available on an on-call basis to support the business’s key deliverables as requested by the Company or the Board of Directors of MACOM Technology Solutions Holdings, Inc. (the “Board”) from time to time, including without limitation, transitioning all of your responsibilities, relationships, and files to the new President and Chief Executive Officer and other Company designees. You will not incur any business expenses during the Transition Period without the advance approval of the Board.
(c) Effective as of the Transition Date, you will be deemed to have resigned from any and all positions and offices that you hold (as applicable) with the Company or any of its Affiliates, other than your continued employment as a senior advisor through the Transition Period, without any further action required therefor (collectively, the “Resignations”). The Company, on its own behalf and on behalf of its Affiliates, hereby accepts the Resignations as of the Transition Date. For purposes of this Agreement, “Affiliates” means all persons and entities directly or indirectly controlling, controlled by or under common control with the Company.
Transition Period and Separation Date. For purposes of this Agreement, the earlier of December 31, 2017 or the date on which your employment actually terminates, if sooner, with the Company shall be referred to herein as the "Separation Date." Until the Separation Date, you will continue to be employed by the Company, as President, on a full-time basis. The period beginning November 13, 2017 and concluding on the Separation Date will be referred to as the "Transition Period." During the Transition Period, you will be employed as an at-will employee. The terms of the Employment Agreement between you and the Company, effective as of April 7, 2009 and amended as of March 27, 2012 (the "Employment Agreement") are hereby superseded by this Agreement, provided, however, that the provisions of the Employment Agreement that survive the termination of your employment will continue to apply to you, as set forth in Section 6 below.
Transition Period and Separation Date a) Effective as of August 4, 2021 (the “Transition Date”) through the date that your employment terminates (the “Separation Date”), you will continue to be employed by the Company on a full-time basis. Provided that you comply in full with your obligations hereunder, it is expected that the Separation Date will be August 13, 2021. The period beginning on the Transition Date and concluding on the Separation Date is hereinafter referred to as the “Transition Period”.
b) During the Transition Period, you will continue to receive your base salary, payable at the rate in effect as of the date hereof, and to participate in all employee benefit plans of the Company accordance with the terms of those plans. During the Transition Period, you will assist with the transition of your duties and responsibilities to any Company designees and perform such other duties as may be mutually agreed to by you and the Chief Executive Officer of the Company. You will continue to devote your best professional efforts to the Company, and to abide by all Company policies and procedures as in effect from time to time. During the Transition Period, you will not communicate with any third parties on behalf of the Company or in your capacity as an employee of the Company, including vendors and consultants of the Company, without the Chief Executive Officer’s advance approval.
c) The Company may terminate your employment at any time during the Transition Period upon notice to you. If the Company terminates your employment for Cause (as defined in the Company’s Amended and Restated Severance and Change in Control Policy, referred to herein as the “Severance Plan”) or if you voluntarily resign prior to August 13, 2021, you will not be eligible to receive the severance benefits described in Section 3 hereof.
Transition Period and Separation Date. Executive’s last day of work as the Company’s Executive Vice President of Commercial Services will be September 30, 2020 (the “Transition Date”). In exchange for the release of claims provided in Section 4 of this Agreement, the Company will continue to employ Executive through October 30, 2020 (the “Separation Date”). From the Transition Date until the Separation Date (the “Transition Period”), and as a condition to be eligible for the Severance Payments described in Section 3 below, Executive will be required to assist the Company with the transition of responsibilities to others and to give his full attention to his duties, as directed by the Company’s Chief Executive Officer, as a special advisor to the Chief Executive Officer. Executive’s failure to satisfactorily perform his duties during the Transition Period shall constitute Cause under his Employment Agreement (as defined below) for which no notice period is required and shall result in Executive’s immediate termination and forfeiture of all severance benefits described in Section 3 of this Agreement. After the Separation Date, Executive will not represent himself as being an employee, officer, attorney, agent, or representative of the Company for any purpose. Except as otherwise set forth in this Agreement, the Separation Date will be the employment termination date for the Executive for all purposes, meaning that Executive is not entitled to any further compensation, monies, or other benefits from the Company, including coverage under any benefit plans or programs sponsored by the Company, as of the Separation Date.
Transition Period and Separation Date. You will remain employed with your current title during a transition period continuing through the Separation Date (“Transition Period”).
Transition Period and Separation Date. From the date hereof through March 1, 2024, you will continue with the title of Chief Marketing & Communications Officer and provide such services as may be reasonably requested Xxxxx Xxxxxxxx, Chairman, President, and CEO of the Company. From March 1, 2024 through April 1, 2024 (the "Separation Date"), you will not be expected to perform all of your typical job responsibilities for the Company; however, you will be expected to (and you agree to) be available when requested, which includes without limitation be available for questions as needed, promptly responding to telephone and email messages, providing any requested information, and generally cooperating with other requests from the Company. The period from the date hereof through the Separation Date will be referred to herein as the "Transition Period." During the Transition Period, you will continue to be eligible to receive compensation and benefits (subject to the terms of the applicable benefit plans) on the same basis as applies to you prior to the date hereof, except you will not be granted any additional equity incentive awards. Effective as of the Separation Date, your service as an employee of the Company in all capacities, including any director positions you may hold with the Company, will automatically terminate. You agree that no further action is required by you or the Company to effectuate the terminations provided for in this paragraph effective, but you nonetheless agree to execute any documentation the Company requests at the time to confirm it.
Transition Period and Separation Date. The Company and Employee agree that Employee shall separate from service with the Company on July 31, 2010 (“Separation Date”). The period between January 22, 2010 and the Separation Date shall be known as the Transition Period. During the Transition Period, Employee will continue to be employed by the Company and shall make himself available, upon the reasonable request of the Company, to respond to or assist with any issues that arise relating to the transition of his duties within the Company. On the Separation Date, Employee’s employment with the Company and all further compensation, remuneration, bonuses, and eligibility of Employee under Company benefit plans shall terminate, and Employee shall not be entitled to receive any further payments or benefits of any kind from the Company except as otherwise provided in this Agreement or by applicable law. Employee shall not engage in any other employment activities during the Transition Period. If Employee commences employment during the Transition Period, Employee’s Separation Date shall be the date on which the new employment commenced and commencement of such new employment, provided it does not breach Paragraph 5(d) of this Agreement, shall not be deemed to be a breach of this Agreement.
Transition Period and Separation Date. Xxxxxx shall separate from his position as Executive Vice President – Chief Accounting Officer as well as any and all other officer, director, manager and committee positions with the Company and its subsidiaries effective as of the date of this Separation Agreement, and thereafter his employment with the Company in a non-executive position shall continue through and including January 15, 2016 (the “Termination Date”). From and after the date of this Separation Agreement through the Termination Date, Xxxxxx shall perform, at the discretion of the Company, in good faith to the best of his ability, such services as the Company may reasonably require in order to transition his knowledge and duties to others within the Company, and shall be performed at the times and locations requested by the Company from time to time and performed in the manner reasonably acceptable to the Company. The Company shall also have discretion to relieve Xxxxxx of any duties and limit his access to the Company’s confidential information, systems, and facilities as it sees fit. During his continued employment, Xxxxxx shall continue to receive his usual salary and benefits and shall continue to vest in his outstanding awards under the Company’s equity incentive plans. Upon the Termination Date, Xxxxxx shall resign from and relinquish any and all remaining titles, offices, directorships, and authority related to his employment. Any capitalized, undefined terms used herein shall have the meaning set forth in the Employment Agreement.
Transition Period and Separation Date. You hereby resign as President of the Company, and from any other office or position you may hold with the Company and any affiliated entities, including your position on the Board of Directors of the Company and any affiliated entities, effective as of September 27, 2019 (the “Resignation Date”). The period from such date through the date your employment terminates (the “Separation Date” as described below) is your “Transition Period.” During the Transition Period you will remain an employee of the Company. You have qualified for Short Term Disability (“STD”) benefits under the Company’s STD Plan for eight weeks beginning August 17, 2019, and are awaiting a decision on extension of such benefits. The Separation Date will be the date on which your STD benefits terminate (but in no event later than November 8, 2019). From the date hereof through the Separation Date, you will be paid at 75% of your regular salary. On the Company’s next regular payroll date following the Separation Date, the Company will pay you all accrued base salary and all remaining accrued but unused vacation earned for your services through the Separation Date, less applicable payroll deductions and withholdings (the “Accrued Obligations”). You will receive the Accrued Obligations regardless of whether or not you sign this Agreement.
Transition Period and Separation Date a. Effective as of the date hereof (the “Transition Date”) through the date Employee’s employment with SMTC is terminated (the “Separation Date”), Employee will continue to be employed by SMTC on a full-time basis. Provided that Employee complies in full with Employee’s obligations hereunder, it is expected that the Separation Date will be March 31, 2021; provided, however, that the Separation Date may be extended in the event that SMTC’s closure and consolidation of the Zacatecas, Mexico facility is not substantially completed by March 31, 2021, as determined in the sole discretion of SMTC’s Chief Executive Officer. The period beginning on the Transition Date and concluding on the Separation Date is hereinafter referred to as the “Transition Period”.
b. During the Transition Period, Employee will continue to receive Employee’s base salary, payable at the rate in effect as of the date hereof, and to participate in all employee benefit plans of SMTC in accordance with the terms of those plans. Employee acknowledges and agrees that as of the date hereof, Employee holds a vested option to purchase 134,371 shares of SMTC’s common stock at an exercise price of $1.26 per share and an unvested option to purchase 200,000 shares of SMTC’s common stock at an exercise price of $3.67 per share (the “Options”). During the Transition Period, the Options will remain outstanding in accordance with their respective terms, provided that if Employee remains employed through the consummation of the Transaction (as defined below), the Options will vest in full as of immediately prior to the consummation of the Transaction. During the Transition Period, Employee will perform duties as may be assigned to Employee from time to time by the Chief Executive Officer of SMTC, and to assist with the transition of Employee’s duties and responsibilities to any SMTC designees. Such duties will include, without limitation, (i) supporting the consolidation of SMTC’s operations in Zacatecas, Mexico into its operations in Chihuahua, Mexico, (ii) onboarding Employee’s successor or successors in the role of Chief Operating Officer, and (iii) providing assistance as reasonably requested in the closing of the transaction contemplated by the Agreement and Plan of Merger by and between EMS Silver Inc., EMS Silver Merger Sub Inc., and the Company dated as of January 3, 2021 (the “Transaction”). Employee will continue to devote Employee’s best professional efforts to SMTC, and to abide by all SMTC po...
