Common use of Early Expiration Upon Termination of Employment Clause in Contracts

Early Expiration Upon Termination of Employment. If Executive’s employment with the Company is terminated for any reason other than termination by the Company for Cause or a voluntary termination by Executive which is not within 90 days after a Good Reason Event, or if Executive shall retire in the ordinary course, (i) the unexercised portion of an Option that has vested prior to or on the date of such termination or retirement (such portion, the “Vested Portion,” and such date of termination or retirement, the “Termination Date”) may be exercised by Executive within 120 days of the Termination Date and such portion shall be immediately subject to the Repurchase Option pursuant to the terms and conditions set forth in the Executive Stock Agreement, and (ii) the portion of an Option which has not vested prior to or on the Termination Date and any portion of the Vested Portion which Executive does not elect to exercise within 120 days of the Termination Date shall expire and shall no longer be exercisable (provided that portions of an Option which have not vested prior to or on the Termination Date shall not expire, if such portions remain eligible for vesting because of Executive’s retirement as described in clause (vii) above). If Executive’s employment with the Company is terminated by the Company for Cause or in the event of a voluntary termination by Executive which is not within 90 days after a Good Reason Event, the portion of an Option that is unexercised (vested or unvested) shall expire and shall no longer be exercisable (provided that portions of an Option which have not vested prior to or on the Termination Date shall not expire, if such portions remain eligible for vesting because of Executive’s retirement as described in clause (vii) above).

Appears in 5 contracts

Samples: Executive Stock Agreement (MWI Veterinary Supply, Inc.), Executive Stock Agreement (MWI Veterinary Supply, Inc.), Executive Stock Agreement (MWI Veterinary Supply, Inc.)

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Early Expiration Upon Termination of Employment. If Executive’s 's employment with the Company is terminated for any reason other than termination by the Company for Cause or a voluntary termination by Executive which is not within 90 days after a Good Reason Event, or if Executive shall retire in the ordinary course, (i) the unexercised portion of an Option that has vested prior to or on the date of such termination or retirement (such portion, the "Vested Portion," and such date of termination or retirement, the "Termination Date") may be exercised by Executive within 120 days of the Termination Date and such portion shall be immediately subject to the Repurchase Option pursuant to the terms and conditions set forth in the Executive Stock Agreement, and (ii) the portion of an Option which has not vested prior to or on the Termination Date and any portion of the Vested Portion which Executive does not elect to exercise within 120 days of the Termination Date shall expire and shall no longer be exercisable (provided that portions of an Option which have not vested prior to or on the Termination Date shall not expire, if such portions remain eligible for vesting because of Executive’s 's retirement as described in clause (vii) above). If Executive’s 's employment with the Company is terminated by the Company for Cause or in the event of a voluntary termination by Executive which is not within 90 days after a Good Reason Event, the portion of an Option that is unexercised (vested or unvested) shall expire and shall no longer be exercisable (provided that portions of an Option which have not vested prior to or on the Termination Date shall not expire, if such portions remain eligible for vesting because of Executive’s 's retirement as described in clause (vii) above).

Appears in 1 contract

Samples: Executive Stock Agreement (MWI Veterinary Supply, Inc.)

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