exists and its correlative noun forms, with reference to a Potential Default or an Event of Default, means that such Potential Default or Event of Default has occurred and continues uncured and unwaived.
exists. For purposes of this Agreement, "cause" shall mean: (i) any breach by Employee of any of his obligations under Sections 6, 7 or 8 of this Agreement, (ii) gross incompetence in the performance by Employee of the duties required by or appropriate for his Position; (iii) a material violation of the Company's employee policies, as may be amended from time to time, or (iv) other conduct of Employee involving any type of disloyalty to the Company or willful misconduct with respect to the Company, including without limitation fraud, embezzlement, theft or proven dishonesty in the course of his employment or conviction of a felony.
exists. For purposes of this Agreement, "Cause" means (i) an act or acts of dishonesty on the Executive's part which are intended to result in his substantial personal enrichment at the expense of Mattel; (ii) repeated violations by the Executive of his obligations under Section 2 of this Agreement which are demonstrably willful and deliberate on the Executive's part and which resulted in material injury to Mattel; (iii) conduct of a criminal nature which has or which is more likely than not to have a material adverse effect on Mattel's reputation or standing in the community or on its continuing relationships with its customers or those who purchase or use its products; or (iv) fraudulent conduct in connection with the business or affairs of Mattel, regardless of whether said conduct is designed to defraud Mattel or others; provided that, in each case, the Executive has received written notice of the described activity, has been afforded a reasonable opportunity to cure or correct the activity described in the notice, and has failed to substantially cure, correct or cease the activity, as appropriate.
More Definitions of exists
exists. For purposes of this Agreement, "cause" shall mean: (i) any material breach by Employee of any of his obligations under Section 6, 7, or 8 of this Agreement, if not cured within 30 days notice from the company, (ii) gross incompetence in the performance by Employee of the duties required by or appropriate for his Position, if not cured within thirty (30) days notice from the Company, (iii) a material violation, that is not cured within 30 days notice from the company, of the Company's employee policies, as may be amended from time to time, or (iv) other conduct of Employee involving any type of willful misconduct with respect to the Company, including without limitation fraud, embezzlement, theft or proven dishonesty in the course of his employment or conviction of a felony.
exists if the same has occurred and is continuing.
exists if an Event of Default has occurred and is continuing.
exists. For purposes of this Agreement, "cause" shall mean: (i) any breach by Employee of any of his obligations under Sections 6, 7 or 8 of this Agreement; (ii) gross incompetence in the performance by Employee of the duties required by or appropriate for his Position; (iii) any material violation of the Company's employee policies as applied to Similarly Situated Employees, as may be amended from time to time; (iv) fraud, embezzlement, theft or proven dishonesty in the course of his employment or conviction of a felony; or (v) other conduct of Employee involving any type of disloyalty to the Company or willful misconduct with respect to the Company; provided that in no event shall the refusal of Employee to relocate more than 60 miles from his current geographic location be deemed to constitute disloyalty for purposes of clause (v) above; and provided further that in the event of a "Change of Control", "Sale of the Company" or in the event Xxxxx X. Xxxxxx is no longer either Chairman of the Board or Chief Executive Officer of the Company, "cause" shall have only the meaning set forth in clauses (i) and (iv) above. For purposes hereof, "Change of Control" shall mean the sale, transfer, assignment or other disposition (including by merger or consolidation) by stockholders of the Company, in one transaction or a series of related transactions, of more than fifty percent (50%) of the voting power represented by the then outstanding stock of the Company to one or more Persons, other than (i) any such sales, transfers, assignments or other dispositions by such stockholders to their respective Affiliates, (ii) any such transaction effected primarily to reincorporate the Company in another jurisdiction or (iii) any transaction in connection with the simultaneous acquisition of document management companies and the initial public offering of the common stock of the Company or its affiliate. For these purposes, (i) "Affiliate" means, with respect to any stockholder of the Company, (w) any Person directly or indirectly controlling, controlled by or under common control with such stockholder, (x) any Person owning or controlling ten percent (10%) or more of the outstanding voting securities of such stockholder, (y) any officer, director or general partner of such stockholder, or (z) any Person who is an officer, director, general partner, trustee or holder of ten percent (10%) or more of the outstanding voting securities of any Person described in clauses (w) through (y) of...
exists. For purposes of this Agreement, "Cause" means (i) one or more factually substantiated willful acts of dishonesty on the Executive's part which are intended to result in the Executive's substantial personal enrichment at the expense of Mattel; (ii) repeated violations by the Executive of the Executive's obligations under Section 2 of this Agreement which are demonstrably willful and deliberate on the Executive's part and which resulted in material injury to Mattel; (iii) conduct of a factually substantiated criminal nature (commonly defined as a "felony" in criminal statutes) which has or which is more likely than not to have a material adverse effect on Mattel's reputation or standing in the community or on its continuing relationships with its customers or those who purchase or use its products; or (iv) factually substantiated fraudulent conduct in connection with the business or affairs of Mattel, regardless of whether said conduct is designed to defraud Mattel or others; provided that, in each case, the Executive has received written notice of the described activity, has been afforded a reasonable opportunity to cure or correct the activity described in the notice, and has failed to substantially cure, correct or cease the activity, as appropriate.
exists means that ASM is addressed by national laws, and the requirements to legalize ASM operations are established in the corresponding regulations.