Constructive Termination of Employment definition

Constructive Termination of Employment means termination of Employment by Executive because the working conditions are so intolerable or aggravated that a reasonable person in the Executive’s position would be compelled to resign, provided that the Executive advised the Bank of the conditions and the Bank failed to take timely reasonable actions to remedy the conditions.
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Constructive Termination of Employment means, following a Change in Control, the Executive experiences a Termination of Employment following the occurrence of one or more of the following:
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Constructive Termination of Employment means the occurrence of any of the following events or conditions without Executive’s express written consent: (a) a material diminution in Executive’s Base Salary (excluding a reduction in compensation similarly affecting all or substantially all of the Company’s executive officers); (b) a material diminution in Executive’s authority, duties or responsibilities; (c) relocation of Executive’s base office to an office that is more than 50 miles from Executive’s base office prior to such relocation; or (d) the failure of Navigant to obtain the assumption of the terms set forth herein by any successors as contemplated in Paragraph 10(c) below; provided that, Executive must notify Navigant of his or her intention to terminate his or her employment by written notice in accordance with Paragraph 10(a) hereof; provided, further, that (i) such notice shall be provided to the Board within 90 calendar days of the initial existence of such event, (ii) Navigant shall have 30 calendar days to cure such event after receipt of such notice, and (iii) if uncured, Executive shall terminate his or her employment within six months following the initial existence of such event.
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Examples of Constructive Termination of Employment in a sentence

  • If, upon a Change in Control, or up to twelve (12) months following a Change in Control, the Executive experiences an Involuntarily Termination of Employment or Constructive Termination of Employment, the Company shall pay to the Executive the benefit described in this Section 2.4 in lieu of any other benefit under the Plan (except as provided in Section 2.5).

  • In addition to any benefits payable under Section 2.4 or Section 2.5, upon a Change in Control, the Company shall pay to the Executive the benefit described in this Section 2.8, regardless of whether the Executive experiences an Involuntary Termination of Employment or a Constructive Termination of Employment within twelve (12) months following the Change in Control.

  • Notwithstanding any other term or provision of this Plan, upon the occurrence of a Change in Control of the Company followed or accompanied within two years thereafter by a Constructive Termination of Employment of a person who holds an Option, that portion of each such Option that is not then exercisable shall become exercisable.

  • Upon a Change in Control, or up to 12 months following a Change in Control, if the Executive undergoes Involuntarily Termination of Employment or Constructive Termination of Employment, the Company shall pay to the Executive the benefit described in this Section 2.4 in lieu of other benefit under this Agreement.

  • If, upon a Change in Control, or up to twelve (12) months following a Change in Control, the Executive experiences an Involuntarily Termination of Employment or Constructive Termination of Employment, the Company shall pay to the Executive the benefit described in this Section 2.4 in lieu of any other benefit under the Plan (except as provided in Section 2.5 or 2.8).

  • Upon a Change of Control followed by the Executive’s Involuntary Termination of Employment or Constructive Termination of Employment, the Company shall pay to the Executive the benefit described in this Section 2.5 in lieu of any other benefit under this Article.

  • The term "Constructive Termination of Employment" shall mean termination of Employment by Executive because the working conditions are so intolerable or aggravated that a reasonable person in the Executive's position would be compelled to resign, provided that the Executive advised the Bank of the conditions and the Bank failed to take timely reasonable actions to remedy the conditions.

  • The term "Constructive Termination of Employment" means termination of Employment by Executive because the working conditions are so intolerable or aggravated that a reasonable person in the Executive's position would be compelled to resign, provided that the Executive advised the Bank/Employer of the conditions and the Bank/Employer failed to take timely reasonable actions to remedy the conditions.

  • Effective June 1, 2007, if a Change in Control occurs during 2007 but an Executive has not, as of December 31, 2007, received the payment described in 2.4.1(ii) due to the fact that the Executive has not experienced an Involuntary Termination of Employment or a Constructive Termination of Employment, the Executive shall be paid the payment described in Section 2.4.1(ii) as soon as practicable after December 31, 2007 but no later than January 31, 2008.

  • The Committee shall have complete discretion to determine whether a Constructive Termination of Employment has occurred.


More Definitions of Constructive Termination of Employment

Constructive Termination of Employment means, following a Change of Control: (a) Without the Executive’s express written consent, the assignment to the Executive of any duties inconsistent with the Executive’s positions, duties, responsibilities and status with the Company, or a change in the Executive’s reporting responsibilities, titles or offices, or any removal of the Executive from or any failure to re-elect the Executive to any of such positions, except in connection with the termination of the Executive’s employment for Cause, Disability or retirement or as a result of the Executive’s death; (b) A reduction by the Company in the Executive’s base salary as in effect on the date hereof of as the same may be increased from time to time; (c) Without the Executive’s express written consent the failure by the Company to continue any action which would adversely affect the Executive’s participation in or materially reduce the Executive’s benefits under any of such plans, or the failure by the Company to provide the Executive with the number of paid vacation days to which the Executive is then entitled on the basis of Years of Service with the Company in accordance with the Company’s normal vacation policy in effect on the date hereof, or (d) The Company requiring the Executive to be based anywhere other than in the community where the Executive is currently based at the time of a Change of Control, except for required travel on Company business to an extent substantially consistent with the Executive’s present- business travel obligations, or in the event the Executive consents to a proposed relocation, the failure by the Company to pay (or reimburse the Executive) for all reasonable moving expenses incurred by the Executive relating to a change of principal resident in connection with such relocation, and to indemnify the Executive against any loss of the fair market value of such residence as determined by a real estate appraiser designated by the Executive and reasonably satisfactory to the Company realized on the sale of the Executive’s principal residence in connection with any such change of residence.
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Constructive Termination of Employment means the Executive experiences one of the following: (i) Without the Executive’s express written consent, the assignment to the Executive of any duties or responsibilities inconsistent with the Executive’s current positions, or a change in the Executive’s reporting responsibilities, titles or offices; and/or (ii) A reduction by the Company in the Executive’s base salary.
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Constructive Termination of Employment. (as applicable) shall have the meanings set forth in the Holder’s Employment Agreement.
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Constructive Termination of Employment means any of the following, if done without Executive's consent and having a material adverse effect on Executive's employment or the conditions under which Executive works: (i) a change in Executive's title, duties or responsibilities, including the person or body to whom Executive reports, (ii) a change in the location where Executive's services are rendered, (iii) any reduction in compensation or fringe benefits or change of any other term of Executive's employment, or (iv) any other breach of the terms of Executive's employment by Employer. A constructive termination shall be determined by Exective in Executive's sole, reasonable discretion."
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Constructive Termination of Employment. “Disability” and “Good Reason” (as applicable) shall have the meanings set forth in the Holder’s Employment Agreement.
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Constructive Termination of Employment means that following a Change of Control, the Executive, prior to Normal Retirement Age, has experienced any of the following: (a) Without the Executive’s express written consent, the assignment to the Executive of any duties or responsibilities inconsistent with the Executive’s positions, or a change in the Executive’s reporting responsibilities, titles or offices, or any removal of the Executive from or any failure to re-elect the Executive to any of such positions, except in connection with the termination of the Executive’s employment for Cause, Disability, retirement, or as a result of the Executive’s death; (b) A reduction by the Company in the Executive’s base salary; (c) Without the Executive’s express written consent, the taking of any action by the Company which would adversely affect the Executive’s participation in or materially reduce the Executive’s benefits under any benefit plans, or the failure by the Company to provide the Employee with the number of paid vacation days to which he or she is then entitled on the basis of years of service with the Company in accordance with the Company’s normal vacation policy in effect on the date hereof; (d) Any failure of the Company to obtain the assumption of, or the agreement to perform, this Agreement by any successor as contemplated in Section 8.4 hereof; or (e) The Company requiring the Employee to be based anywhere other than the Honaker, Virginia area except for required travel on the Company business to an extent substantially consistent with the Executive’s present business travel obligations or, in the event the Executive consents to any relocation, the failure by the Company to pay (or reimburse the Executive) for all reasonable moving expenses incurred by the Executive relating to a change of the Executive’s principal residence in connection with such relocation and to indemnify the Executive against any loss realized on the sale of the Executive’s principal residence in connection with any such change of residence.
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Related to Constructive Termination of Employment

  • Involuntary Termination of Employment means the Termination of Service by the Company or Subsidiary other than a termination for Cause, or termination of employment by a Participant Employee for Good Reason.

  • Constructive Termination means:

  • Termination of Employment means that the Executive ceases to be employed by the Company for any reason, voluntary or involuntary, other than by reason of a leave of absence approved by the Company.

  • Qualifying Termination of Employment means a Participant’s Termination of Employment (i) by the Company without Cause or (ii) by the Participant with or without Good Reason or by reason of Retirement.

  • Constructive Termination Without Cause means a termination of the Executive's employment at his initiative as provided in this Section 10(c) following the occurrence, without the Executive's written consent, of one or more of the following events (except as a result of a prior termination):

  • Good Reason Termination means a termination of employment or service initiated by the Participant upon or after a Change of Control upon one or more of the following events:

  • Involuntary Termination means a termination of your employment with the Company pursuant to either (i) a termination initiated by the Company without Cause, or (ii) your resignation for Good Reason, and provided in either case such termination constitutes a Separation from Service. An Involuntary Termination does not include any other termination of your employment, including a termination due to your death or disability.

  • Voluntary Termination for Good Reason means the Employee voluntarily resigns after the occurrence of any of the following (i) without the Employee’s express written consent, a material reduction of the Employee’s duties, title, authority or responsibilities, relative to the Employee’s duties, title, authority or responsibilities as in effect immediately prior to such reduction, or the assignment to Employee of such reduced duties, title, authority or responsibilities; provided, however, that a reduction in duties, title, authority or responsibilities solely by virtue of the Company being acquired and made part of a larger entity (as, for example, when the Senior Vice-President of a business unit of the Company remains as such following a Change of Control) shall not by itself constitute grounds for a “Voluntary Termination for Good Reason;” (ii) without the Employee’s express written consent, a material reduction, without good business reasons, of the facilities and perquisites (including office space and location) available to the Employee immediately prior to such reduction; (iii) a reduction by the Company in the base salary of the Employee as in effect immediately prior to such reduction; (iv) a material reduction by the Company in the aggregate level of employee benefits, including bonuses, to which the Employee was entitled immediately prior to such reduction with the result that the Employee’s aggregate benefits package is materially reduced (other than a reduction that generally applies to Company employees); (v) the relocation of the Employee to a facility or a location more than thirty-five (35) miles from the Employee’s then present location, without the Employee’s express written consent; (vi) the failure of the Company to obtain the assumption of this agreement by any successors contemplated in Section 7(a) below; or (vii) any act or set of facts or circumstances which would, under California case law or statute constitute a constructive termination of the Employee.

  • Voluntary Termination means termination by the Employee of the Employee's employment with the Company, excluding termination by reason of Employee's death or disability as described in Sections 2.5 and 2.6.

  • Involuntary Termination Without Cause means Executive’s dismissal or discharge other than for Cause. The termination of Executive’s employment as a result of Executive’s death or disability will not be deemed to be an Involuntary Termination Without Cause.

  • Employment Termination means the effective date of: (i) Executive’s voluntary termination of employment with the Company with Good Reason, or (ii) the termination of Executive’s employment by the Company without Good Cause.

  • Good Reason means:

  • Without Cause Termination or “Terminated Without Cause” means termination of the Executive’s employment by the Company other than due to death, disability, or Termination for Cause.

  • Termination for Good Reason means a Termination of Employment by Executive for a Good Reason.

  • Employment Termination Date means, with respect to a Participant, the first day upon which the Participant no longer has an employment or service relationship with the Company or any Related Company.

  • Nonqualifying Termination means a termination of the Executive’s employment (1) by the Company for Cause, (2) by the Executive for any reason other than a Good Reason, (3) as a result of the Executive’s death or (4) by the Company due to the Executive’s absence from his duties with the Company on a full-time basis for at least 180 consecutive days as a result of the Executive’s incapacity due to physical or mental illness.

  • Just Cause means:

  • Constructively Terminated means, unless otherwise specified by the Committee in the Award Agreement, a voluntary termination of employment by an Employee within ten (10) business days after any of the following actions by the Company, an Affiliate, or a person acting on behalf of either:

  • Effective Termination Date has the meaning set forth in Section 10(b) hereof.

  • Disability Termination means termination by the Company of the Executive’s employment by reason of the Executive’s incapacitation due to disability. The Executive will be deemed to be incapacitated due to disability if at the end of any month the Executive is unable to perform substantially all of the Executive’s duties under this Agreement in the normal and regular manner due to illness, injury or mental or physical incapacity, and has been unable so to perform for either (i) three consecutive full calendar months then ending, or (ii) 90 or more of the normal working days during the 12 consecutive full calendar months then ending. Nothing in this paragraph alters the Company’s obligations under applicable law, which may, in certain circumstances, result in the suspension or alteration of the foregoing time periods.

  • Severance from Service Date means the earlier of:

  • Self-employment shall be where a Claimant sets up his/her own business and is responsible for paying his/her tax and National Insurance.

  • Separation from Service means a “separation from service” with the Company within the meaning of Section 409A of the Code and the Department of Treasury regulations and other guidance promulgated thereunder.

  • For Cause means:

  • Change in Control Termination means an “Involuntary Termination Without Cause” or “Resignation for Good Reason,” either of which occurs on, or within three (3) months prior to, or within twelve (12) months following, the effective date of a Change in Control, provided that any such termination is a “separation from service” within the meaning of Treasury Regulation Section 1.409A-1(h). Death and disability shall not be deemed Change in Control Terminations.

  • Termination for Just Cause means termination because of Executive’s personal dishonesty, incompetence, willful misconduct, breach of fiduciary duty involving personal profit, intentional failure to perform stated duties, willful violation of any law, rule or regulation (other than traffic violations or similar offenses) or final cease-and-desist order, or material breach of any provision of this Agreement.