Common use of Disability Defined Clause in Contracts

Disability Defined. “Disability” shall mean a condition that would entitle the Employee to receive benefits under the Company’s long-term disability insurance policy in effect at the time either because he is totally disabled or partially disabled, as such terms are defined in the Company’s policy in effect as of the Effective Date or as similar terms are defined in any successor policy. If the Company has no long-term disability plan in effect, “Disability” shall occur if (a) the Employee is rendered incapable because of physical or mental illness of satisfactorily discharging his duties and responsibilities to the Company for a period of 90 consecutive days, (b) a duly qualified physician chosen by the Company and acceptable to the Employee or his legal representatives so certifies in writing, and (c) the Board determines that the Employee has become disabled.

Appears in 8 contracts

Samples: Change of Control Agreement (Tidewater Inc), Change of Control Agreement (Tidewater Inc), Change of Control Agreement (Tidewater Inc)

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Disability Defined. Disability" shall mean a condition that would entitle the Employee to receive benefits under the Company’s long-'s long- term disability insurance policy in effect at the time either because he is totally disabled Totally Disabled or partially disabledPartially Disabled, as such terms are defined in the Company’s 's policy in effect as of the Effective Date date of this Agreement or as similar terms are defined in any successor policy. If the Company has no long-term disability plan in effect, "Disability" shall occur if (a) the Employee is rendered incapable because of physical or mental illness of satisfactorily discharging his duties and responsibilities to the Company for a period of 90 consecutive days, (b) a duly qualified physician chosen by the Company and acceptable to the Employee or his legal representatives so certifies in writing, and (c) the Board determines that the Employee has become disabled.

Appears in 5 contracts

Samples: Change of Control Agreement (Avondale Industries Inc), Change of Control Agreement (Avondale Industries Inc), Change of Control Agreement (Avondale Industries Inc)

Disability Defined. Disability" shall mean a condition that would entitle the Employee to receive benefits under the Company’s 's long-term disability insurance policy in effect at the time either because he is totally disabled or partially disabled, as such terms are defined in the Company’s 's policy in effect as of the Effective Date date of this Agreement or as similar terms are defined in any successor policy. If the Company has no long-term disability plan in effect, "Disability" shall occur if (a) the Employee is rendered incapable because of physical or mental illness of satisfactorily discharging his duties and responsibilities to the Company for a period of 90 consecutive days, (b) a duly qualified physician chosen by the Company and acceptable to the Employee or his legal representatives so certifies in writing, and (c) the Board determines that the Employee has become disabled.

Appears in 5 contracts

Samples: Change of Control Agreement (Tidewater Inc), Change of Control Agreement (Tidewater Inc), Change of Control Agreement (Tidewater Inc)

Disability Defined. Disability" shall mean a condition that would entitle the Employee to receive benefits under the Company’s 's long-term disability insurance policy in effect at the time either because he is totally disabled or partially disabled, as such terms are defined in the Company’s 's policy in effect as of the Effective Restatement Date or as similar terms are defined in any successor policy. If the Company has no long-term disability plan in effect, "Disability" shall occur if (a) the Employee is rendered incapable because of physical or mental illness of satisfactorily discharging his duties and responsibilities to the Company for a period of 90 consecutive days, (b) a duly qualified physician chosen by the Company and acceptable to the Employee or his legal representatives so certifies in writing, and (c) the Board determines that the Employee has become disabled.

Appears in 2 contracts

Samples: Control Agreement (Tidewater Inc), Change of Control Agreement (Tidewater Inc)

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Disability Defined. “Disability” shall mean a condition that would entitle the Employee to receive benefits under the Company’s long-term disability insurance policy in effect at the time either because he or she is totally disabled or partially disabled, as such terms are defined in the Company’s policy in effect as of the Effective Date or as similar terms are defined in any successor policy. If the Company has no long-term disability plan in effect, “Disability” shall occur if (a) the Employee is rendered incapable because of physical or mental illness of satisfactorily discharging his or her duties and responsibilities to the Company for a period of 90 consecutive days, (b) a duly qualified physician chosen by the Company and acceptable to the Employee or his or her legal representatives so certifies in writing, and (c) the Board determines that the Employee has become disabled.

Appears in 1 contract

Samples: Change of Control Agreement (Tidewater Inc)

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