Common use of Continued Employee Benefits Clause in Contracts

Continued Employee Benefits. If Executive elects continuation coverage pursuant to COBRA for Executive and Executive’s eligible dependents (as applicable), within the time period prescribed pursuant to COBRA, the Company will reimburse Executive for, or pay directly on Executive’s behalf, the COBRA premiums for such coverage (at the coverage levels in effect immediately prior to Executive’s termination of employment) until the earlier of (A) a period of six (6) months from the last date of employment of the Executive with the Company, or (B) the date upon which Executive and/or Executive’s eligible dependents becomes covered under similar plans. Notwithstanding anything to the contrary in this Section 3(b)(iii), if the Company determines in its sole discretion that it cannot provide the COBRA benefits without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will in lieu thereof provide to Executive a taxable monthly payment in an amount equal to the monthly COBRA premium that Executive would be required to pay to continue his group health coverage in effect on the date of his termination of employment (which amount will be based on the premium for the first month of COBRA coverage), which payments will be made regardless of whether Executive elects COBRA continuation coverage and will commence in the month following the month in which Executive terminates employment and will end on the earlier of (x) the date upon which Executive becomes covered under similar plans or (y) the last day of the sixth (6th) calendar month following the month in which Executive terminations employment.

Appears in 10 contracts

Samples: Change in Control Severance Agreement (Gigamon LLC), Change in Control Severance Agreement (Gigamon Inc.), Change in Control Severance Agreement (Gigamon LLC)

AutoNDA by SimpleDocs

Continued Employee Benefits. If Executive elects continuation coverage pursuant to COBRA the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”) for Executive and Executive’s eligible dependents (as applicable), within the time period prescribed pursuant to COBRA, the Company will reimburse Executive for, or pay directly on Executive’s behalf, the COBRA premiums for such coverage (at the coverage levels in effect immediately prior to Executive’s termination of employment) until the earlier of (A) a period of six (6) months from the last date of employment of the Executive with the Company, or (B) the date upon which Executive and/or Executive’s eligible dependents becomes covered under similar plans. Notwithstanding anything to the contrary in this Section 3(b)(iii3(a)(iii), if the Company determines in its sole discretion that it cannot provide the COBRA benefits without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will in lieu thereof provide to Executive a taxable monthly payment in an amount equal to the monthly COBRA premium that Executive would be required to pay to continue his group health coverage in effect on the date of his termination of employment (which amount will be based on the premium for the first month of COBRA coverage), which payments will be made regardless of whether Executive elects COBRA continuation coverage and will commence in the month following the month in which Executive terminates employment and will end on the earlier of (x) the date upon which Executive becomes covered under similar plans or (y) the last day of the sixth (6th) calendar month following the month in which Executive terminations employment.

Appears in 9 contracts

Samples: Change in Control Severance Agreement (Gigamon LLC), Change in Control Severance Agreement (Gigamon LLC), Change in Control Severance Agreement (Gigamon Inc.)

Continued Employee Benefits. If Executive elects continuation coverage pursuant to COBRA for Executive and Executive’s 's eligible dependents (as applicable), within the time period prescribed pursuant to COBRA, the Company will reimburse Executive for, or pay directly on Executive’s 's behalf, the COBRA premiums for such coverage (at the coverage levels in effect immediately prior to Executive’s 's termination of employment) until the earlier of (A) a period of six (6) months from the last date of employment of the Executive with the Company, or (B) the date upon which Executive and/or Executive’s 's eligible dependents becomes covered under similar plans. Notwithstanding anything to the contrary in this Section 3(b)(iii), if the Company determines in its sole discretion that it cannot provide the COBRA benefits without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will in lieu thereof provide to Executive a taxable monthly payment in an amount equal to the monthly COBRA premium that Executive would be required to pay to continue his group health coverage in effect on the date of his termination of employment (which amount will be based on the premium for the first month of COBRA coverage), which payments will be made regardless of whether Executive elects COBRA continuation coverage and will commence in the month following the month in which Executive terminates employment and will end on the earlier of (x) the date upon which Executive becomes covered under similar plans or (y) the last day of the sixth (6th) calendar month following the month in which Executive terminations employment.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Gigamon Inc.)

Continued Employee Benefits. If Executive elects continuation coverage pursuant to COBRA the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”) for Executive and Executive’s eligible dependents (as applicable), within the time period prescribed pursuant to COBRA, the Company will reimburse Executive for, or pay directly on Executive’s behalf, for the COBRA premiums for such coverage (at the coverage levels in effect immediately prior to Executive’s termination of employment) until the earlier of (A) a period of six (6) months from the last date of employment of the Executive with the Company, or (B) the date upon which Executive and/or Executive’s eligible dependents becomes covered under similar plans. Notwithstanding anything to the contrary in this Section 3(b)(iii)foregoing sentence, if the Company determines in its sole discretion that it cannot provide the COBRA benefits foregoing benefit without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will will, in lieu thereof thereof, provide to Executive a taxable monthly payment in an amount equal to the monthly COBRA premium that Executive would be required to pay to continue his group health coverage in effect on the last date of his termination employment of employment Executive with the Company (which amount will be based on the premium for the first month of COBRA coverage), which payments will be made regardless of whether Executive elects COBRA continuation coverage and and, subject to Section 5, will commence in the month following the month in which Executive terminates employment Executive’s termination occurs and will end on the earlier of (x) the date upon which the Executive becomes covered under similar plans obtains other employment or (y) the last day of the sixth (6th) calendar month following the month in which Executive terminations employmentExecutive’s termination occurs.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Isilon Systems, Inc.)

AutoNDA by SimpleDocs

Continued Employee Benefits. If Executive elects continuation coverage pursuant to COBRA the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”) for Executive and Executive’s eligible dependents (as applicable), within the time period prescribed pursuant to COBRA, the Company will reimburse Executive for, or pay directly on Executive’s behalf, the COBRA premiums for such coverage (at the coverage levels in effect immediately prior to Executive’s termination of employment) until the earlier of (Ai) a period of six twelve (612) months from the last date of employment of the Executive with the Company, or (Bii) the date upon which Executive and/or Executive’s eligible dependents becomes covered under similar plans. Notwithstanding anything to the contrary in this Section 3(b)(iii8(d), if the Company determines in its sole discretion that it cannot provide the COBRA benefits without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will in lieu thereof provide to Executive a taxable monthly payment in an amount equal to the monthly COBRA premium that Executive would be required to pay to continue his group health coverage in effect on the date of his termination of employment (which amount will be based on the premium for the first month of COBRA coverage), which payments will be made regardless of whether Executive elects COBRA continuation coverage and will commence in the month following the month in which Executive terminates employment and will end on the earlier of (x1) the date upon which Executive becomes covered under similar plans or (y2) the last day of the sixth twelfth (6th12th) calendar month following the month in which Executive terminations employment.

Appears in 1 contract

Samples: Michael Ensing Employment Agreement (Realnetworks Inc)

Continued Employee Benefits. If Executive elects continuation coverage pursuant to COBRA for Executive and Executive’s 's eligible dependents (as applicable), within the time period prescribed pursuant to COBRA, the Company will reimburse Executive for, or pay directly on Executive’s 's behalf, the COBRA premiums for such coverage (at the coverage levels in effect immediately prior to Executive’s 's termination of employment) until the earlier of (A) a period of six twelve (612) months from the last date of employment of the Executive with the Company, or (B) the date upon which Executive and/or Executive’s 's eligible dependents becomes covered under similar plans. Notwithstanding anything to the contrary in this Section 3(b)(iii), if the Company determines in its sole discretion that it cannot provide the COBRA benefits without potentially violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will in lieu thereof provide to Executive a taxable monthly payment in an amount equal to the monthly COBRA premium that Executive would be required to pay to continue his group health coverage in effect on the date of his termination of employment (which amount will be based on the premium for the first month of COBRA coverage), which payments will be made regardless of whether Executive elects COBRA continuation coverage and will commence in the month following the month in which Executive terminates employment and will end on the earlier of (x) the date upon which Executive becomes covered under similar plans or (y) the last day of the sixth twelfth (6thlih) calendar month following the month in which Executive terminations employment.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Gigamon Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.