Examples of Existing CIC Agreement in a sentence
Effective as of the Effective Date, the Existing CIC Agreement shall terminate and shall cease to be of any further force or effect.
Effective as of the Effective Date, the Existing CIC Agreement shall terminate and shall cease to be of any further force or effect and the Executive waives all rights that may have accrued thereunder.
The Existing CIC Agreement is hereby terminated and replaced in its entirely by this Agreement; and the Existing CIC Agreement shall be of no further force and effect.
The Existing CIC Agreement shall be of no further force or effect upon the occurrence of the Separation and the Executive waives all rights that may have accrued thereunder.
Xxxxxxx Date: March 1, 2018 Parent hereby acknowledges and agrees to perform all of its obligations hereunder, including without limitation obligations with respect to the Board hereunder and with respect to Stock and all options, stock appreciation rights, and/or other stock rights held by Executive; and (ii) termination of the Existing CIC Agreement.
No benefits shall be provided under this Agreement to the extent already provided under the Existing CIC Agreement.
The Existing CIC Agreement shall continue in effect in accordance with its terms, subject to any termination thereof in accordance with its terms.
This Agreement does not supersede the Existing CIC Agreement but is an additional benefit being entered into between the Executive and the Company.
On and following the second anniversary of the Effective Date, Executive’s employment with the Company (if any) shall be at will and, subject to the terms of the Existing CIC Agreement if still then in effect and any other applicable policies of the Company that may then be in effect, Executive shall not be entitled during such period to severance payments upon termination of employment.
However, in the event of a subsequent change in the ownership or effective control of Newco following the Merger, if any payments under this Agreement at any time would constitute “excess parachute” payments under Section 280G Code, Newco’s obligations to you with respect to such payments will be determined in accordance with applicable provisions of your Existing CIC Agreement which require that you be provided with a gross-up for any excise taxes imposed under Sections 280G and 4999 of the Code.