Termination by the Company for Cause means termination by the Company of the Employee's employment for:
Termination by the Company for Cause means termination by the Company of Employee’s employment for:
(i) The failure of Employee to comply with any of the material provisions of this Agreement, other than an isolated, insubstantial or inadvertent action not taken in bad faith and which is remedied by Employee within thirty (30) days after receipt of written notice thereof given by the Company;
(ii) A conviction of Employee by a court of competent jurisdiction of a felony;
(iii) The refusal, failure or neglect of Employee to perform his duties under his employment agreement in a manner that is materially detrimental to the business or reputation of the Company unless remedied by Employee within thirty (30) days after receipt of written notice thereof given by the Company;
(iv) The engagement by the Employee in illegal, unethical or other wrongful conduct that is materially detrimental to the business or reputation of SXC; or
(v) The pursuit by Employee of interests that are materially adverse to SXC unless remedied by Employee within thirty (30) days after receipt of written notice thereof given by the Company;
Termination by the Company for Cause means termination by the Company of Executive’s employment for:
(i) The failure of Executive to comply with any of the material provisions of this Agreement, other than an isolated, insubstantial or inadvertent action not taken in bad faith and which is remedied by Executive within thirty (30) days after receipt of written notice thereof given by the Company;
(ii) A conviction of Executive by a court of competent jurisdiction of a felony;
(iii) The refusal, failure or neglect of Executive to perform his duties under his employment agreement in a manner that is materially detrimental to the business or reputation of the Company unless remedied by Executive within thirty (30) days after receipt of written notice thereof given by the Company;
(iv) The engagement by the Executive in illegal, unethical or other wrongful conduct that is materially detrimental to the business or reputation of the Company; or
(v) The pursuit by Executive of interests that are materially adverse to the Company unless remedied by Executive within thirty (30) days after receipt of written notice thereof given by the Company.
Examples of Termination by the Company for Cause in a sentence
Notwithstanding the foregoing, Executive’s employment and this Agreement may be terminated in one of six ways as set forth in this Article 6: (a) Executive’s Death (Section 6.2); (b) Executive’s Disability (Section 6.3); (c) Termination by the Company for Cause (Section 6.4); (d) Termination by the Company without Cause (Section 6.5); (e) Termination by Executive due to a Constructive Termination (Section 6.6); or (f) Voluntary Resignation (Section 6.7).
In the event of the Participant’s Termination by the Company for Cause (or in the event of a voluntary Termination by the Participant after the occurrence of an event that would be grounds for a Termination for Cause), the Option granted hereunder (whether or not vested) shall terminate and expire upon such Termination.
In the event of a Termination for any reason during the Term, the Company shall pay to Executive (or, in the event of Executive’s death, to Executive’s estate or named beneficiary) (a) any Base Salary, vacation pay and expense reimbursements that are accrued but unpaid as of the date of Termination and (b) (except upon a Termination by the Company for Cause) any earned but unpaid bonus for any prior or current year.
Any Termination by the Company for Cause, or by the Executive for Good Reason, shall be communicated by Notice of Termination to the other party hereto given in accordance with Section 11(b) of this Agreement.
Termination by the Company for "Cause" as described in this Section 7(b).
More Definitions of Termination by the Company for Cause
Termination by the Company for Cause means termination by the Company of Employee's employment for:
(i) Misappropriation of any significant monies or significant assets or properties of the Company;
(ii) Conviction of a felony or a crime involving moral turpitude;
(iii) Substantial and repeated failure to comply with directions of the Chairman of the Board and Chief Executive Officer of the Company or the Board;
(iv) Gross negligence or willful misconduct;
(v) Chronic alcoholism or drug addiction together with Employee's refusal to cooperate with or participate in counseling and/or treatment of same; or
(vi) Any willful action or inaction of Employee which, in the reasonable opinion of the Board, constitutes dereliction (willful neglect or willful abandonment of assigned duties), or a material breach of Company policy or rules which, if susceptible to cure, is not cured by Employee within five (5) days following Employee's receipt of written notice from the Company advising Employee with reasonable specificity as to the action or inaction viewed by the Board to be dereliction or a material breach of Company policy or rules.
Termination by the Company for Cause means termination by the Company of Executive’s employment for:
(i) The failure of Executive to comply with any of the material provisions of this Agreement, other than an isolated, insubstantial or inadvertent action not taken in bad faith and which is remedied by Executive within thirty (30) days after receipt of written notice thereof given by the Company;
(ii) A conviction of Executive by a court of competent jurisdiction of a felony;
(iii) The refusal, failure, or neglect of Executive to perform his duties under this Agreement in a manner that is materially detrimental to the business or reputation of the Company unless remedied by Executive within thirty (30) days after receipt of written notice thereof given by the Company; provided, however, that termination by the Company because of Executive’s poor performance of his job duties shall not constitute a Termination by the Company for Cause;
(iv) The engagement by Executive in illegal, unethical or other wrongful conduct that is materially detrimental to the business or reputation of the Company; or
(v) The pursuit by Executive of interests that are materially adverse to the Company unless remedied by Executive within thirty (30) days after receipt of written notice thereof given by the Company.
Termination by the Company for Cause means termination by the Company or any of its Subsidiaries or Affiliates of the Employee's employment for: (i) misappropriation of any significant monies or significant assets or properties of the Company or any Subsidiary, (ii) conviction of a felony or a crime involving moral turpitude, (iii) substantial and repeated failure to comply with directions of the Chief Executive Officer of the Company or other superior of the Employee or the board of directors of the Company or any of its Subsidiaries or Affiliates, (iv) gross negligence or willful misconduct, (v) chronic alcoholism or drug addiction together with the Employee's refusal to cooperate with or participate in counseling and/or treatment of same or (vi) any willful action or inaction of the Employee which, in the reasonable opinion of the Board, constitutes dereliction (willful neglect or willful abandonment of assigned duties), or a material breach of Company or Subsidiary policy or rules which, if susceptible to cure, is not cured by the Employee within five (5) days following the Employee's receipt of written notice from the Company or any Subsidiary advising the Employee with reasonable specificity as to the action or inaction viewed by the Company or Subsidiary to be dereliction or a material breach of Company or Subsidiary policy or rules provided, however, that with respect to any Employee who has an employment agreement with the Company or any Subsidiary this definition shall be replaced by any corresponding definition in such employment Agreement with respect to such Employee.
Termination by the Company for Cause means termination by the Company of the Executive’s employment on account of a finding by the Compensation Committee that the Executive has: (i) materially breached this Agreement or any other agreement between the Executive and the Company, any Subsidiary or any of their Affiliates; (ii) engaged in disloyalty to the Company, including without limitation, the diversion of corporate opportunity, fraud, embezzlement, theft, commission of a felony or proven dishonesty, in the course of his performance of his services hereunder; (iii) disclosed trade secrets or other Confidential Information of the Company to Persons not entitled to receive such information; or (iv) engaged in such other behavior detrimental to the interests of the Company as the Compensation Committee determines; provided that the termination of the Executive’s employment hereunder by the Company shall not be deemed a Termination by the Company for Cause unless and until there shall have been delivered to the Executive a written notice from the Chief Executive Officer (after reasonable notice (in light of the circumstances surrounding the termination) to and an opportunity for the Executive, alone and in person, to have a face-to-face meeting with the Compensation Committee) stating that in the good faith opinion of the Compensation Committee, the Executive was guilty of the conduct set forth in one or more of the foregoing clauses.
Termination by the Company for Cause means termination by the Company of the Participant’s employment upon:
Termination by the Company for Cause means termination by the Company of Employee’s employment, on account of a finding by the Company that Employee has: (i) materially breached this Agreement or any other agreement between Employee and the Company; (ii) engaged in the diversion of corporate opportunity, fraud, embezzlement, theft, commission of a felony or proven dishonesty, in the course of his performance of his services hereunder; or (iii) disclosed trade secrets or other Confidential Information of the Company to Persons not entitled to receive such information; provided that the termination of Employee’s employment hereunder by the Company shall not be deemed a Termination by the Company for Cause unless and until there shall have been delivered to Employee a written notice from an authorized officer of the Company (after reasonable notice (in light of the circumstances surrounding the termination) to and an opportunity for Employee, alone and in person, to have a face-to-face meeting with an authorized officer of the Company) stating that in the good faith opinion of the Company, Employee was guilty of the conduct set forth in one or more of the foregoing clauses.
Termination by the Company for Cause means termination by the Company Group of your employment upon:
(i) The willful and continued failure by you to substantially perform your duties with the Company Group (other than any such failure resulting from your incapacity due to physical or mental illness or any such actual or anticipated failure after the issuance of a Notice of Termination by You For Good Reason), after a written demand for substantial performance is delivered to you by the Board which specifically identifies the manner in which the Board believes that you have not substantially performed your duties;
(ii) The willful engaging by you in conduct which is demonstrably and materially injurious to any member of the Company Group, monetarily or otherwise; or
(iii) The conviction of any crime (whether or not involving the Company Group) which constitutes a felony. For purposes of this subsection, no act or failure to act on your part shall be considered “willful” unless done, or omitted to be done, by you not in good faith and without reasonable belief that your action or omission was in the best interest of the Company. A termination of your employment will not be a Termination by the Company For Cause until there is delivered to you a copy of a resolution duly adopted by the affirmative vote of not less than three-quarters of the entire membership of the Board at a meeting of the Board called and held for the purpose (after reasonable notice to you and an opportunity for you, together with your counsel, to be heard before the Board), finding that in the good faith opinion of the Board you were guilty of conduct set forth in this subsection, and specifying the particulars thereof in detail.