Common use of Acceleration Upon Death, Total Disability or Normal Retirement Clause in Contracts

Acceleration Upon Death, Total Disability or Normal Retirement. The Performance Units shall become fully vested, notwithstanding any other provisions of this Section 1.3, upon termination of the Participant's employment with the Company or a subsidiary thereof because of death, Total Disability (as defined below), or retirement upon reaching the Company's normal retirement age of sixty-five (65). Any such acceleration of the vesting of the Performance Units pursuant to this Section 1.3(c) will not result in an acceleration of the PSU Payment Date, since the number of Shares earned from the Performance Units shall be calculated after the completion of the Performance Period. For purposes of this Agreement, “Total Disability” means a medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, by reason of which the Participant is unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Company.

Appears in 1 contract

Samples: Performance Stock Unit Award Agreement (SM Energy Co)

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Acceleration Upon Death, Total Disability or Normal Retirement. The Performance Units shall become fully vested, notwithstanding any other provisions of this Section 1.3, upon termination of the Participant's ’s employment with the Company or a subsidiary thereof because of death, Total Disability (as defined below), or retirement upon reaching the Company's ’s normal retirement age of sixty-five (65). Any such acceleration of the vesting of the Performance Units pursuant to this Section 1.3(c) will not result in an acceleration of the PSU Payment Date, since the number of Shares earned from the Performance Units shall be calculated after the completion of the Performance Period. For purposes of this Agreement, “Total Disability” means a medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, by reason of which the Participant is unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Company.

Appears in 1 contract

Samples: Performance Stock Unit Award Agreement (SM Energy Co)

Acceleration Upon Death, Total Disability or Normal Retirement. The Performance Units Shares shall become fully vested, notwithstanding any other provisions of this Section 1.3, upon termination of the Participant's ’s employment with the Company or a subsidiary thereof because of death, Total Disability (as defined below), or retirement upon reaching the Company's ’s normal retirement age of sixty-five (65). Any such acceleration of the vesting of the Performance Units Shares pursuant to this Section 1.3(c) will not result in an acceleration of the PSU PSA Payment Date, since the number of Shares earned from the Performance Units Shares shall be calculated after the completion of the Performance Period. For purposes of this Agreement, “Total Disability” means a medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, by reason of which the Participant is unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Company.

Appears in 1 contract

Samples: Performance Share and Restricted Stock Unit Award Agreement (SM Energy Co)

Acceleration Upon Death, Total Disability or Normal Retirement. The Performance Units Shares shall become fully vested, notwithstanding any other provisions of this Section 1.3, upon termination of the Participant's ’s employment with the Company or a subsidiary thereof because of death, Total Disability (as defined below), or retirement upon reaching the Company's ’s normal retirement age of sixty-five (65). Any such acceleration of the vesting of the Performance Units Shares pursuant to this Section 1.3(c) will not result in an acceleration of the PSU Payment PSA Settlement Date, since the number of Shares earned from the Performance Units Shares shall be calculated after the completion of the Performance Period. For purposes of this Agreement, “Total Disability” means a medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, by reason of which the Participant is unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Company.

Appears in 1 contract

Samples: Performance Share and Restricted Stock Unit Award Agreement (St Mary Land & Exploration Co)

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Acceleration Upon Death, Total Disability or Normal Retirement. The Performance Units Shares shall become fully vested, notwithstanding any other provisions of this Section 1.33, upon termination of the Participant's ’s employment with the Company or a subsidiary thereof because of death, Total Disability (as defined below), total disability or retirement upon reaching the Company's ’s normal retirement age of sixty-five (65). Any such acceleration of the vesting of the Performance Units Shares pursuant to this Section 1.3(c3(c) will not result in an acceleration of the PSU Payment DateSettlement Date (as defined below), since the number of Shares earned from the Performance Units under this Award shall be calculated after the completion of the Performance Period. For purposes of this Agreement, a Total Disabilitytotal disabilitymeans shall mean a medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, by reason of which the Participant is unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Company.

Appears in 1 contract

Samples: Performance Share Award Agreement (St Mary Land & Exploration Co)

Acceleration Upon Death, Total Disability or Normal Retirement. The Performance Units shall become fully vested, notwithstanding any other provisions of this Section 1.3, upon termination of the Participant's employment with the Company or a subsidiary thereof because of death, Total Disability (as defined below), or retirement upon reaching the Company's normal retirement age of sixty-five (65). Any such acceleration of the vesting of the Performance Units pursuant to this Section 1.3(c) will not result in an acceleration of the PSU Payment Date, since because the number of Shares earned from the Performance Units shall be calculated after the completion of the Performance Period. For purposes of this Agreement, “Total Disability” means a medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, by reason of which the Participant is unable to engage in any substantial gainful activity or is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Company.

Appears in 1 contract

Samples: Performance Stock Unit Award Agreement (SM Energy Co)

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