Common use of Trust Deposit Clause in Contracts

Trust Deposit. 13.1. Upon the occurrence of a Proposed Change of Control (as defined below) during the Change of Control Period, the Company shall deposit in trust or escrow with a third party cash in an amount sufficient to provide all of the benefits and other payments to which the Executive would be entitled hereunder if a Change of Control occurred on the date of the Proposed Change of Control and the Executive’s employment were terminated by the Executive for Good Reason immediately thereafter. Upon such deposit, references hereunder to any payment by the Company shall be deemed to refer to a payment from such trust or escrow; provided, however, that nothing contained herein shall relieve the Company of its obligation to make the payments required of it hereunder in the event any such payment is not made from the trust or escrow.

Appears in 2 contracts

Samples: Change of Control Agreement (Axcelis Technologies Inc), Change of Control Agreement (Axcelis Technologies Inc)

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Trust Deposit. 13.1. (a) Upon the occurrence of a Proposed Change of Control (as defined below) during the Change of Control Period, the Company shall deposit in trust or escrow with a third party cash in an amount sufficient to provide all of the benefits and other payments to which the Executive would be entitled hereunder if a Change of Control occurred on the date of the Proposed Change of Control and the Executive’s 's employment were terminated by the Executive for Good Reason immediately thereafter. Upon such deposit, references hereunder to any payment by the Company shall be deemed to refer to a payment from such trust or escrow; provided, however, that nothing contained herein shall relieve the Company of its obligation to make the payments required of it hereunder in the event any such payment is not made from the trust or escrow.

Appears in 1 contract

Samples: Change of Control Agreement (Axcelis Technologies Inc)

Trust Deposit. 13.1. (a) Upon the occurrence of a Proposed Change of in Control (as defined below) during the Change of in Control Period, the Company or LII shall deposit in trust or escrow with a third party cash in an amount sufficient to provide all of the benefits and other payments to which the Executive would be entitled hereunder if a Change of in Control occurred on the date of the Proposed Change of in Control and the Executive’s 's employment were terminated by the Executive for Good Reason immediately thereafter. Upon such deposit, references hereunder to any payment by the Company or LII shall be deemed to refer to a payment from such trust or escrow; provided, however, that nothing contained herein shall relieve the Company or LII of its obligation their obligations to make the payments required of it them hereunder in the event any such payment is not made from the trust or escrow.

Appears in 1 contract

Samples: Change in Control Agreement (Lexmark International Group Inc)

Trust Deposit. 13.1. Upon the occurrence of a Proposed Change of Control (as defined below) during the Change of Control Period, the Company shall deposit in trust or escrow with a third party cash in an amount sufficient to provide all of the benefits and other payments to which the Executive would be entitled hereunder if a Change of Control occurred on the date of the Proposed Change of Control and the Executive’s 's employment were terminated by the Executive for Good Reason immediately thereafter. Upon such deposit, references hereunder to any payment by the Company shall be deemed to refer to a payment from such trust or escrow; provided, however, that nothing contained herein shall relieve the Company of its obligation to make the payments required of it hereunder in the event any such payment is not made from the trust or escrow.

Appears in 1 contract

Samples: Control Agreement (Axcelis Technologies Inc)

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Trust Deposit. 13.1. (a) Upon the occurrence of a Proposed Change of Control (as defined below) during the Change of Control Period, the Company shall deposit in trust or escrow with a third party cash in an amount sufficient to provide all of the benefits and other payments to which the Executive would be entitled hereunder if a Change of Control occurred on the date of the Proposed Change of Control and the Executive’s 's employment were terminated by the Executive for Good Reason immediately thereafter. Upon such deposit, references hereunder to any payment by the Company shall be deemed to refer to a payment from such trust or escrow; providedPROVIDED, however, that nothing contained herein shall relieve the Company of its obligation to make the payments required of it hereunder in the event any such payment is not made from the trust or escrow.

Appears in 1 contract

Samples: Change of Control Agreement (Axcelis Technologies Inc)

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