by Employer definition

by Employer. The term "Employee's Voluntary Act" shall mean resignation or quitting by Employee unless such resignation or quitting is preceded by, or reasonably contemporaneous with, a "Change in Control". The term "Termination for Cause" shall mean a termination of Employee arising from gross incompetence, insubordination, dishonesty in performance of company duties, or conviction of fraud, theft, embezzlement or any felony. However, any termination for insubordination is subject to written notice by Employer and a thirty (30) day cure period to correct the alleged insubordination. The term "Change in Control" shall mean a change of the holders of 50% or more of the equity of Employer (other than as a result of the issuance of equity to creditors on emergence from bankruptcy pursuant to a plan of reorganization proposed by Employer), a change in the majority of the Board of Directors of Employer (other than pursuant to a plan of reorganization proposed by Employer), merger with less than 50% of the merged entity owned by pre-merger shareholders, or sale or abandonment of more than 50% of Employer's revenue-generating assets.

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by Employer. With or without Cause (as defined below), Employer may terminate the employment of Executive at any time during the term of employment upon giving Executive at least thirty (30) days' prior written notice thereof. The effective date of the termination of Executive's employment shall be the date on which such applicable 30-day period expires; provided, however, that Employer may, upon notice to Executive and without reducing Executive's annual base salary during such 30-day period, excuse Executive from any or all of his duties during such period and request Executive to immediately resign as an officer of Employer, whereupon, if requested to so resign, Executive shall immediately resign.

by Employer. Cause" shall mean (i) the willful failure of the Employee substantially to perform his duties as an employee of, or in connection with his provision of services to, any member of the MGI/CERA Group (other than any such failure due to physical or mental illness), (ii) in the reasonable judgment of the Board, the Employee's engaging in willful and serious misconduct that is injurious to Employer or any member of the MGI/CERA Group, (iii) the Employee's conviction of, or entering a plea of nolocontendere to, a crime that constitutes a felony, (iv) the material violation by the Employee of any material federal or state securities law or (v) the willful and material breach by the Employee of any of the covenants set forth under Section 8, 9, 10 or 11 hereof or of any take-along or similar covenants applicable to the limited liability company interests, or options to purchase such limited liability company interests, of the Parent LLC held by the Employee. Termination of employment of the Employee shall not be deemed to be for Cause hereunder unless and until (A) in the event of any Cause defined in clauses (i), (ii), (iv) and (v) of this paragraph (b), a written notice has been delivered to the Employee by Employer which specifically identifies the Cause which is the basis for termination and the Employee has failed to cure or remedy the act or omission so identified within a period of fourteen (14) business days after the Employee's receipt of Employer's notice and (B) Employer's Board of Directors has voted to terminate the Employee for Cause, which vote shall be an affirmative vote of not less than a majority of the members

Examples of by Employer in a sentence

• Upon application by Employer, the First Source Hiring Administration may grant an exception to any or all of the requirements of Chapter 83 in any situation where it concludes that compliance with this Chapter would cause economic hardship.

• Employee agrees neither this Agreement and General Release nor the furnishing of the consideration for this Release shall be deemed or construed at any time for any purpose as an admission by Employer of any liability or unlawful conduct of any kind.

• This Agreement contains the entire agreement between the parties with respect to the transactions contemplated herein and supersedes, effective as of the date hereof any prior agreement or understanding between Employer and Employee with respect to Employee's employment by Employer.

• Upon termination of Employee's employment by Employer, for any reason, Employee promptly shall deliver the same, and all copies thereof, to Employer.

• All fees and expenses of the Accounting Firm shall be borne solely by Employer.

• During the term of Executive’s employment and thereafter, Executive agrees to hold Employer’s Confidential Information in strict confidence, and not disclose or use it at any time except as authorized by Employer and for Employer’s benefit.

• Employee agrees to serve in the assigned position and to perform diligently and to the best of Employee's abilities the duties and services appertaining to such position as determined by Employer, as well as such additional or different duties and services appropriate to such position which Employee from time to time may be reasonably directed to perform by Employer.

• Employee acknowledges and agrees that, any such plans or policies now or hereafter in effect may be modified or terminated by Employer at any time in its discretion.

• The waiver by Employer of a breach of any provision of this Agreement by Employee shall not operate or be construed as a waiver of any subsequent breach by Employee.

• Any reimbursement payable to Executive pursuant to this Agreement shall be conditioned on the submission by Executive of all expense reports reasonably required by Employer under any applicable expense reimbursement policy, and shall be paid to Executive within 30 days following receipt of such expense reports, but in no event later than the last day of the calendar year following the calendar year in which Executive incurred the reimbursable expense.

More Definitions of by Employer

by Employer. The term "Employee's Voluntary Act" shall mean resignation or quitting by Employee unless such resignation or quitting is preceded by, or reasonably contemporaneous with, a "Change in Control". The term "Termination for Cause" shall mean a termination of Employee arising from gross incompetence, insubordination, dishonesty in performance of company duties, or conviction of fraud, theft,

by Employer. The term "Employee's Voluntary Act" shall mean resignation or quitting by Employee unless such resignation or quitting is the result of a "Constructive Discharge", or is preceded by, or reasonably contemporaneous with a "Change in Control". The term "Termination for Cause" is defined as a termination of Employee arising from gross incompetence, insubordination, dishonesty in performance of company duties, or conviction of fraud, theft, embezzlement or any felony. However, any termination for insubordination is subject to written notice by Employer and a thirty (30) day cure period to correct the alleged insubordination. The term "Constructive Discharge" shall mean a termination of employment due to (a) a reduction in Employee's base salary of 5% or more in any calendar year or an aggregate reduction in Employee's base salary of 10% or more in any four calendar years, (0) a material reduction in Employee's position, function, duties or responsibilities, (c) a material change in Employee's reporting relationships, (d) a required relocation of more than 50 miles from existing headquarters, (e) a material breach of contract by Employer, (f) sale or abandonment of substantially all of the assets of Employer (more than 50% of the revenue base) or (g) a merger, consolidation or other combination of the Employer with another entity; PROVIDED, HOWEVER, if Employee elects, in writing, to continue to be employed after a specific event of Constructive Discharge, Employee will not be able to subsequently claim Constructive Discharge as a result of such event. The term "Change in Control" shall mean a change of the holders of 50% or more of the equity of Employer (other than as a result of the issuance of equity to creditors on emergence from bankruptcy pursuant to a plan of reorganization proposed by Employer), a change in the majority of the Board of Directors of Employer (other than pursuant to a plan of reorganization proposed by Employer), merger with less than 50% of the merged entity owned by pre- merger shareholders, or sale or abandonment of more than 50% of Employer's revenue- generating assets.