Common use of Change of Control Date Clause in Contracts

Change of Control Date. (a) The “Change of Control Date” shall mean the first date during the term of this Agreement on which a Change of Control (as defined in Section 2) occurs; provided, that if the Executive’s employment is terminated (other than by voluntary resignation without Good Reason or by death or Disability) during the term of this Agreement and within 12 months prior to the Change of Control Date, the Executive’s employment with the Company shall be considered to have terminated on the date immediately following the Change of Control Date if it is reasonably demonstrated by the Executive that such termination of employment (i) was at the request of a third party who has taken steps reasonably calculated to effect a Change of Control or (ii) otherwise arose in connection with or in anticipation of a Change of Control.

Change of Control Date. (a) The term “Change of Control Date” shall mean the first date during date, on or following the term of this Agreement Effective Date, on which a Change of Control of the Company occurs. Anything in this Agreement to the contrary notwithstanding, if (as defined in Section 1) a Change of Control of the Company occurs on or following the Effective Date, whether or not during the initial or extended term of this Agreement, (2) occurs; provided, that if the Executive’s employment is terminated (other than by voluntary resignation without Good Reason with the Employer terminates on or by death or Disability) during after the term of this Agreement Effective Date and within 12 six months prior to the Change of Control Date, the Executive’s employment with of the Company shall be considered to have terminated on the date immediately following the Change of Control Date if and (3) it is reasonably demonstrated by the Executive that (A) any such termination of employment by the Employer (i) was at the request of a third party who has taken steps reasonably calculated to effect a Change of Control of the Company or (ii) otherwise arose in connection with or in anticipation of a Change of Control.in