Company Termination Without Cause. If ▇▇▇▇▇▇▇'▇ employment with the --------------------------------- Company is terminated pursuant to Section 4.1(c) hereof or by the Company without Cause, the Company shall pay or provide, as the case may be, the following payments and benefits upon such termination: (a) The Company shall pay to ▇▇▇▇▇▇▇, if able to be paid in a lump sum, in a lump sum in cash within thirty days after the date of termination, and otherwise, in accordance with the terms of the relevant plan or applicable law, any Accrued Obligations at the date of termination. (b) The Company shall pay to ▇▇▇▇▇▇▇, as ▇▇▇▇▇▇▇▇▇ pay, the Base Salary payable to ▇▇▇▇▇▇▇ from the date of termination through the Employment Expiration Date, payable when and as the Company pays salary to its senior executives. (c) The Company shall pay to ▇▇▇▇▇▇▇, as ▇▇▇▇▇▇▇▇▇ pay, when and as the Company pays salary to its senior executives an amount equal to the product of (i) a fraction, the numerator of which is the Incentive Compensation earned by ▇▇▇▇▇▇▇ for the last full year of employment 1mmediately prior to termination, as determined in accordance with Section 2.2 hereof, and the denominator of which is 365 and (ii) the number of days from the date of termination through the Employment Expiration Date; provided, however, that the maximum -------- ------- amount that the Company shall pay to ▇▇▇▇▇▇▇ under this Section 5.4(c) is the product of (I) the amount referred to in clause (i) above and (II) 730. (d) Nothing contained in this Section 5.4 shall be deemed to limit in any way ▇▇▇▇▇▇▇'▇ and his spouse's right to receive the benefits referred to in Sections 3.1 and 3.2 hereof.
Appears in 2 contracts
Sources: Employment Agreement (Schein Pharmaceutical Inc), Employment Agreement (Schein Pharmaceutical Inc)