Examples of Qualifying Circumstance in a sentence
The existence or non-existence of a Qualifying Circumstance, and the existence and effective date of any termination of your Employment Period, shall, in the event of any uncertainty or dispute, be determined for all purposes under the Plan and this Agreement by the Committee, whose judgment on such matters shall be conclusive and binding.
If your Employment Period terminates during the Restricted Period by reason of a Qualifying Circumstance, your Award will be deemed to be fully earned and vested.
If your period of continuing employment ("Employment Period") with the Company and its Subsidiaries terminates during the Restricted Period otherwise than by reason of a Qualifying Circumstance (as defined below), the then-unvested portion of your Award (including your Restricted Stock and all associated property and rights, and your LTI Cash Right) shall be forfeited and cancelled effective as of the last day of your Employment Period.
If Participant does not timely elect to make an Additional Investment or does not have the right to make such Additional Investment due to the occurrence of a Qualifying Circumstance or Cause Termination, Participant recognizes that his or her Percentage Interest will be diluted as a result of the additional investment made by Whitehall to fund the capital call.
For purposes of this Section 5, a "Qualifying Circumstance" means, with reference to the termination of your employment with the Company and all Subsidiaries, one that occurs due to (i) your death or disability (as determined by any disability policy or program maintained by the Company), or (ii) such other event or circumstance that the Committee specifically approves and designates as a Qualifying Circumstance.
The remainder of the Restricted Shares, or all of the Restricted Shares if the Performance Goals ultimately are not attained or the Compensation Committee fails or refuses within such 90 day period to declare the Grantee vested as to such fraction of the Restricted Shares, shall be forfeited and cancelled, notwithstanding the fact that such termination was by reason of a Qualifying Circumstance.
Executive shall be entitled to receive the Severance Benefits described in Section 4.3 hereof provided there has been a Change of Control of the Company, not later than the end of the twenty-fourth month which begins after the month in which the Change of Control of the Company occurs(1), Executive experiences a Qualifying Circumstance and Executive signs a Receipt and Release and delivers it to the Company.
For purposes of this Section 5, a "Qualifying Circumstance" means, with reference to the termination of your employment with the Company and all Subsidiaries, one (i) that occurs due to the your death or disability (as determined by any disability policy or program maintained by the Company), or (ii) that occurs due to such other event or circumstance that the Committee specifically approves and designates as a Qualifying Circumstance.
If your period of continuing employment ("Employment Period") with the Company and its Subsidiaries terminates during the Restricted Period otherwise than by reason of a Qualifying Circumstance (as defined below), your Award (including your Restricted Stock and all associated property and rights, and your right to receive the benefit of the cash credit) shall be forfeited and cancelled in its entirety effective as of the last day of your Employment Period.
Participant shall be entitled to receive the Severance Benefits described in Section 4.3 hereof provided there has been a Change of Control of the Company, not later than the end of the twenty-fourth month which begins after the month in which the Change of Control of the Company occurs(1), Participant experiences a Qualifying Circumstance and Participant signs a Severance Agreement and Release and delivers it to the Company.