EXCEPTIONS FROM CHANGE IN CONTROL. A Change in Control shall not be considered to have taken place for purposes of this paragraph 4 in the event that both (1) the Change in Control shall have been specifically approved by all of the Current and Additional Directors (as defined above) and (2) the provisions of this Agreement remain in full force and effect as to Executive.
Appears in 7 contracts
Sources: Employment Agreement (Brillian Corp), Employment Agreement (Brillian Corp), Employment Agreement (Brillian Corp)
EXCEPTIONS FROM CHANGE IN CONTROL. A Change in Control shall not be considered to have taken place for purposes of this paragraph 4 in the event that both (1) the Change in Control shall have been specifically approved by all at least two-thirds (2/3) of the Current and Additional Directors (as defined above) and (2) the provisions of this Agreement remain in full force and effect as to Executive. Sales of the Company's Common Stock beneficially owned or controlled by the Company shall not be considered in determining whether a Change in Control has occurred.
Appears in 2 contracts
Sources: Employment Agreement (Marinemax Inc), Employment Agreement (Marinemax Inc)
EXCEPTIONS FROM CHANGE IN CONTROL. A Change in Control shall not be considered to have taken place for purposes of this paragraph 4 in the event that both (1) the Change in Control shall have been specifically approved by all at least two-thirds (2/3) of the Current and Additional Directors (as defined above) and (2) the provisions of this Agreement remain in full force and effect as to Executive. Sales of the Company’s Common Stock beneficially owned or controlled by the Company shall not be considered in determining whether a Change in Control has occurred.
Appears in 1 contract
Sources: Employment Agreement (Marinemax Inc)