Executive Change in Control Agreement Sample Contracts

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Executive Change in Control Agreement • May 5th, 2020

EX-10.2 3 exhibit102executivechangei.htm EXHIBIT 10.2 EXECUTIVE CHANGE IN CONTROL EXHIBIT 10.2 EXECUTIVE CHANGE IN CONTROL AGREEMENT This Executive Change in Control Agreement (this “Agreement”), is made as of the 30th day of September, 2014 to be effective on October 1, 2014 (the “Effective Date”), by and between Advanced Energy Industries, Inc., a Delaware corporation (the “Company”), and Yuval Wasserman (the “Executive”). Recitals A. The Executive has been promoted to President & Chief Executive Officer effective October 1, 2014. B. The Board of Directors of the Company (the “Board”) acknowledges that consolidation within the industries in which the Company operates is likely to continue and the potential for a change in control of the Company, whether friendly or hostile, currently exists and from time to time in the future will exist, which potential can give rise to uncertainty among the senior executives of the Company. The Board considers it essential to the best interests of t

EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • April 29th, 2021 • Teleflex Inc • Surgical & medical instruments & apparatus • Pennsylvania

This Executive Change In Control Agreement made as of February 25, 2021, by and between Teleflex Incorporated (the “Company”) and Jay White (“Employee”).

EX-10.2.1 2 dex1021.htm EXECUTIVE CHANGE IN CONTROL AGREEMENT, AND DANIEL S.WOLOSHEN. EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • May 5th, 2020 • Massachusetts

This Executive Change in Control Agreement (this “Agreement”) is dated as of August 16, 2004 by and between GTC Biotherapeutics, Inc. (the “Company”), a Massachusetts corporation with its principal executive offices at 175 Crossing Boulevard, 4th Floor, Suite 410, Framingham, MA 01702-9322; and Daniel S. Woloshen (“Executive”).

EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • April 29th, 2008 • Teleflex Inc • Surgical & medical instruments & apparatus • Pennsylvania

This Executive Change In Control Agreement made as of the 21st day of June, 2005, by and between Teleflex Incorporated (the “Company”) and Randall P. Gaboriault (“Employee”).

Executive Change in Control Agreement
Executive Change in Control Agreement • February 14th, 2020 • Weyerhaeuser Co • Real estate investment trusts

THIS EXECUTIVE CHANGE IN CONTROL AGREEMENT is made and entered into by and between Weyerhaeuser Company (hereinafter referred to as the “Company”) and ________________________.

EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • December 22nd, 2010 • Eurand N.V. • Pharmaceutical preparations • Pennsylvania

This Executive Change in Control Agreement (the “Agreement”) is made as of June __, 2009 by and between Eurand N.V., a Netherlands corporation and Eurand, Inc. (collectively the “Company”), and John Fraher (“Executive”).

FIRST AMENDMENT TO EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • February 25th, 2009 • Teleflex Inc • Surgical & medical instruments & apparatus • Pennsylvania

This First Amendment (“Amendment”) to the Executive Change in Control Agreement (“Agreement”) dated as of June 21, 2005, between Teleflex Incorporated (the “Company”) and Randall P. Gaboriault (“Employee”) is hereby made by the Company and Employee effective as of January 1, 2009.

GROCERY OUTLET INC. EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • May 22nd, 2019 • Grocery Outlet Holding Corp. • Retail-grocery stores • California

This Executive Employment Agreement (“Agreement”) is entered into as of the 7th day of October, 2014 (the “Effective Date”), by and between Robert J. Sheedy (“Executive”), Grocery Outlet Inc. (the “Company”), and Globe Holding Corp. (“Globe”) (Globe, the Company, and their direct and indirect subsidiaries, the (“Globe Group”).

EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • November 10th, 2008 • Gardner Denver Inc • General industrial machinery & equipment • Delaware

THIS AGREEMENT is entered into this ___day of ____________, 200___by and between GARDNER DENVER, INC., a Delaware corporation, its affiliates, successors and assigns (the “Company”), and ___________(the “Executive”).

EXECUTIVE CHANGE IN CONTROL AGREEMENT FOR EDWARD J. GELETKA
Executive Change in Control Agreement • July 23rd, 2015 • Cape Bancorp, Inc. • State commercial banks • New Jersey

This Executive Change in Control Agreement (the “Agreement”) is effective as of the 20th day of July, 2015 (the “Effective Date”), by and between Cape Bank, a New Jersey chartered stock bank (the “Bank”), with its principal offices at Cape May Court House, New Jersey, and Edward J. Geletka (“Executive”). Any reference herein to the “Company” shall mean Cape Bancorp, Inc., the holding company of the Bank.

EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • July 30th, 2015 • Teleflex Inc • Surgical & medical instruments & apparatus • Pennsylvania

This Executive Change In Control Agreement (this “Agreement”) made effective as of the 1st day of May, 2015, by and between Teleflex Incorporated (the “Company”) and Liam Kelly (“Employee”).

EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • August 22nd, 2008 • Cree Inc • Semiconductors & related devices • North Carolina

This Executive Change in Control Agreement (the “Agreement”) is entered into as of August 19, 2008 (the “Effective Date”) by and between Cree, Inc. (the “Company”) and Stephen D. Kelley (“Executive”).

BERKSHIRE HILLS BANCORP, INC. BERKSHIRE BANK THREE-YEAR EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • September 23rd, 2016 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Massachusetts

This Three-Year Executive Change in Control Agreement (the “Agreement”) is made effective as of September 22, 2016, by and among Berkshire Hills Bancorp, Inc. (the “Company”), a corporation organized under the laws of the State of Delaware, and its wholly-owned subsidiary, Berkshire Bank (the “Bank”), a state chartered trust company with its principal administrative offices at 24 North Street, Pittsfield, Massachusetts 01201 and James M. Moses (the “Executive”).

Contract
Executive Change in Control Agreement • August 1st, 2017 • Olin Corp • Chemicals & allied products • Virginia

EXECUTIVE CHANGE IN CONTROL AGREEMENT, dated as of [l] (the “Effective Date”), between OLIN CORPORATION, a Virginia corporation (“Olin”), and [l] (“Executive”).

AMENDED AND RESTATED EXECUTIVE CHANGE-IN-CONTROL AGREEMENT
Executive Change-in-Control Agreement • March 22nd, 2007 • Lamson & Sessions Co • Electric lighting & wiring equipment • Ohio

This AMENDED AND RESTATED EXECUTIVE CHANGE-IN-CONTROL AGREEMENT (“Agreement”), dated as of March 16, 2007, by and between The Lamson & Sessions Co., an Ohio corporation (the “Company”), and Michael J. Merriman, Jr. (the “Executive”);

MEDIDATA SOLUTIONS, INC. AMENDED AND RESTATED EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • August 15th, 2016 • Medidata Solutions, Inc. • Services-prepackaged software • New York
Contract
Executive Change in Control Agreement • February 28th, 2008 • Olin Corp • Rolling drawing & extruding of nonferrous metals • Virginia

AMENDMENT NUMBER ONE (the “Amendment”), dated as of November 9, 2007, between OLIN CORPORATION, a Virginia corporation (“Olin”), and Bruce Greer (the “Executive”), to the Executive Change in Control Agreement (the “Executive Change In Control Agreement”), dated as of May 2, 2005, between Olin and the Executive.

EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • March 17th, 2022 • Oceanfirst Financial Corp • Savings institution, federally chartered • New Jersey

OceanFirst Financial Corp. (“Company”), and its successors and assigns, and Patrick Barrett (“Executive”) enter into this agreement (the “CIC Agreement”) to provide certain benefits to Executive in the event that Executive’s employment is terminated as a result of a Change in Control, as defined below. This CIC Agreement is executed in conjunction with an Executive Employment Agreement (“Agreement”) and a Confidentiality and Executive Restriction Agreement (“Confidentiality Agreement”) and provides consideration for the obligations thereunder.

EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • April 30th, 2012 • Advanced Energy Industries Inc • Electronic components, nec • Colorado

This Executive Change in Control Agreement (this “Agreement”), is made as of the 30th day of April, 2012 (the “ Effective Date ”), by and between Advanced Energy Industries, Inc., a Delaware corporation (the “ Company ”), and Gordon Tredger (the “ Executive ”).

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EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • March 21st, 2019 • Federal Home Loan Bank of New York • Federal & federally-sponsored credit agencies • New York

This EXECUTIVE CHANGE IN CONTROL AGREEMENT (“Agreement”) is entered into on February 27, 2019, and shall be deemed to be effective as of January 14, 2019, by and between the Federal Home Loan Bank of New York (the “Bank”), and [insert Executive’s name] (the “Executive”).

Executive Change In Control Agreement For Senior Vice Presidents
Executive Change in Control Agreement • November 29th, 2007 • Us Airways Inc • Air transportation, scheduled • New York
Contract
Executive Change in Control Agreement • May 19th, 2016 • Avaya Inc • Telephone & telegraph apparatus • Delaware
Contract
Executive Change in Control Agreement • October 31st, 2007 • Olin Corp • Rolling drawing & extruding of nonferrous metals • Virginia

EXECUTIVE CHANGE IN CONTROL AGREEMENT, dated as of November 1, 2007 (the “Effective Date”), between OLIN CORPORATION, a Virginia corporation (“Olin”), and [•] (“Executive”).

Change in Control Agreement (Tier I)
Executive Change in Control Agreement • February 24th, 2017 • Weyerhaeuser Co • Real estate investment trusts

THIS EXECUTIVE CHANGE IN CONTROL AGREEMENT (Tier I) is made and entered into by and between Plum Creek Timber Company, Inc. (hereinafter referred to as the "Company") and ________________ (hereinafter referred to as the "Executive").

EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • June 13th, 2005 • PQ Systems INC • Pennsylvania

THIS EXECUTIVE CHANGE IN CONTROL AGREEMENT (the “Agreement”) is made by and between PQ Corporation and its wholly owned subsidiary, Potters Industries, Inc. (collectively the “Employer”), and Michael R. Imbriani (the “Employee”), dated as of the 15th day of August, 2000.

AMENDMENT TO EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • August 8th, 2011 • Headwaters Inc • Concrete products, except block & brick

This Amendment to Executive Change in Control Agreement (the “Amendment”) is entered into as of 5th August 2011 (“Effective Date”), by and between (“Executive”) and Headwaters Incorporated, a Delaware corporation (the “Company”).

EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • March 1st, 2021 • ServisFirst Bancshares, Inc. • State commercial banks • Alabama

This EXECUTIVE CHANGE IN CONTROL AGREEMENT (this “Agreement”), dated February 25, 2021 (the “Effective Date”), is by and among ServisFirst Bancshares, Inc., a Delaware corporation (the “Parent”), ServisFirst Bank, an Alabama State chartered bank (the “Bank” and, together with the Parent, the “Company”), and (the “Executive” and, together with the Parent and the Bank, the “Parties”). Capitalized terms used but not defined in this Agreement have the respective meanings provided in the Appendix.

HEADWATERS INCORPORATED EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • August 8th, 2011 • Headwaters Inc • Concrete products, except block & brick • Utah

THIS EXECUTIVE CHANGE IN CONTROL AGREEMENT is entered into by and between Headwaters Incorporated, a Delaware corporation (the “Company”), and (“Executive”) to be effective as of the 5th day of August, 2011.

EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • November 9th, 2010 • Washington Banking Co • State commercial banks • Washington

Washington Banking Company and Whidbey Island Bank (collectively “the Company” or “Employer”) and Bryan McDonald (“Employee”) enter into this Agreement to provide certain benefits to Employee in the event that Employee’s employment is terminated as a result of a Change in Control, as defined below.

FORM OF AMENDMENT TO EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • March 6th, 2013 • Advanced Energy Industries Inc • Electronic components, nec

This Amendment to Executive Change in Control Agreement (“Amendment”) is made as of the 1st day of March, 2013 (the “Amendment Date”), and amends that certain Executive Change in Control Agreement dated as of ___________ (the “Original Agreement” and, as amended by this Amendment, the “Agreement”), by and between Advanced Energy Industries, Inc., a Delaware corporation, and ___________. Capitalized terms used in this Amendment without definition have the meanings given to them in the Original Agreement.

AMENDMENT TO EXECUTIVE CHANGE IN CONTROL AGREEMENT
Executive Change in Control Agreement • August 4th, 2021 • Alamo Group Inc • Farm machinery & equipment

This Amendment (this “Amendment”) amends that certain Executive Change in Control Agreement (the “COC Agreement”) dated as of March 6, 2020, as may be amended, or supplemented from time to time, by and between Alamo Group Inc. (the “Company”) and Jeffery A. Leonard, and is made effective as of the Effective Date set forth below. All capitalized terms not otherwise defined herein have the meanings ascribed to them as set forth in the COC Agreement.

Amendment No. 1 to Executive Change in Control Agreement
Executive Change in Control Agreement • March 5th, 2012 • Medidata Solutions, Inc. • Services-prepackaged software

This Amendment No. 1 to the Executive Change in Control Agreement (the “Agreement”), dated as of [ ] by and between MEDIDATA SOLUTIONS, INC (the “Company”) and [ ] (the “Executive”) is effective as of March 1, 2012 (the “Effective Date”).

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