Common use of Effect of Change of Control Clause in Contracts

Effect of Change of Control. In the event the Executive gives such notice within the period of thirty (30) days beginning six (6) months immediately following a Change of Control, regardless of whether the Executive has Good Reason to terminate his employment, he shall receive the identical benefits as if the termination had occurred under Section 5(a)(iv)(D) above. In the event that at any time within one (1) year following a Change of Control the Executive gives such notice for and within sixty (60) days of having Good Reason, he shall receive the identical benefits as if the termination had occurred under Section 5(a)(iv)(D) above. Anything in this Agreement to the contrary notwithstanding, if the circumstances constituting Good Reason occur prior to the date on which a Change of Control occurs, and it is reasonably demonstrated that such circumstances (i) occurred at the request of a third party who has taken steps reasonably calculated to effect a Change in Control or (ii) otherwise arose in connection with or anticipation of a Change in Control then for all purposes of this Agreement the date of the Change in Control shall mean the date immediately prior to the occurrence of such circumstances.

Appears in 20 contracts

Sources: Employment Agreement (Wheeling Pittsburgh Corp /De/), Employment Agreement (Wheeling Pittsburgh Corp /De/), Employment Agreement (Wheeling Pittsburgh Corp /De/)

Effect of Change of Control. In the event the Executive gives such notice to terminate employment within the period of thirty (30) days beginning six (6) months immediately following after a Change of Control, regardless of whether the Executive has Control event occurs without having Good Reason to terminate his employment, he shall receive the identical benefits as if the termination had occurred provided under Section 5(a)(iv)(D5(a)(iv)(C)(i) above. In the event that at any time within one (1) year following a Change of Control the Executive gives notice to terminate employment for Good Reason (with such notice for and given within sixty (60) days of having Good Reason), he shall receive the identical greater of the benefits as if the termination had occurred provided under Section 5(a)(iv)(D5(a)(iv)(C)(i) or (ii) above. Anything in this Agreement to the contrary notwithstanding, if the circumstances constituting Good Reason occur prior to the date on which a Change of Control occurs, and it is reasonably demonstrated that such circumstances (i) occurred at the request of a third party who has taken steps reasonably calculated to effect a Change in Control or (ii) otherwise arose in connection with or anticipation of a Change in Control then for all purposes of this Agreement the date of the Change in Control shall mean the date immediately prior to the occurrence of such circumstances.

Appears in 4 contracts

Sources: Employment Agreement (Wheeling Pittsburgh Corp /De/), Employment Agreement (Wheeling Pittsburgh Corp /De/), Employment Agreement (Wheeling Pittsburgh Corp /De/)

Effect of Change of Control. In the event the Executive gives such notice within the period of thirty (30) days beginning six (6) months immediately following a Change of Control, regardless of whether the Executive has Good Reason to terminate his employment, he shall receive the identical benefits as if the termination had occurred under Section 5(a)(iv)(D) above. In the event that at any time within one (1) year following a Change of Control the Executive gives such notice for and within sixty (60) days of having Good Reason, he shall receive the identical benefits as if the termination had occurred under Section 5(a)(iv)(D) above. Anything in this Agreement to the contrary notwithstanding, if the circumstances constituting Good Reason occur prior to the date on which a Change of Control occurs, and it is reasonably demonstrated that such circumstances (i) occurred at the request of a third party who has taken steps reasonably calculated to effect a Change in of Control or (ii) otherwise arose in connection with or anticipation of a Change in of Control then for all purposes of this Agreement the date of the Change in of Control shall mean the date immediately prior to the occurrence of such circumstances.

Appears in 3 contracts

Sources: Employment Agreement (Wheeling Pittsburgh Corp /De/), Employment Agreement (Wheeling Pittsburgh Corp /De/), Employment Agreement (Wheeling Pittsburgh Corp /De/)

Effect of Change of Control. In (i) Executive may terminate his employment by giving written notice of termination to the event the Executive gives such notice Company at any time within the period of thirty (30) days beginning six (6) months immediately following a the date of the Change of Control, regardless of whether the Executive has Good Reason Control and be entitled to terminate his employment, he shall receive the identical amount and benefits as if the termination had occurred under described in Section 5(a)(iv)(D5(a)(v) above. In . (ii) Also, in the event that at any time within one (1) year following a Change of Control the Executive gives the Company ninety (90) days’ advance written notice that Executive is terminating his employment for Good Reason, (2) Executive has given such notice for and within sixty (60) days of having Good Reason, he (3) the Company has not cured the event of Good Reason for which Executive provided notice within thirty (30) days from receipt of such notice, and (4) the notice is provided within the first twelve (12) months after a Change of Control, then on the effective date of his resignation Executive shall be entitled to receive the identical amounts and benefits as if the termination had occurred under described in Section 5(a)(iv)(D5(a)(v) above. . (iii) Anything in this Agreement to the contrary notwithstanding, if the circumstances constituting Good Reason occur prior to the date on which a Change of Control occurs, and it is reasonably demonstrated that such circumstances (i) occurred at the request of a third party who has taken steps reasonably calculated to effect a Change in of Control or (ii) otherwise arose in connection with or anticipation of a Change in of Control then for all purposes of this Agreement the date of the Change in of Control shall mean the date immediately prior to the occurrence of such circumstances.

Appears in 1 contract

Sources: Employment Agreement (Esmark INC)