Common use of Executive’s Rights Upon Termination Clause in Contracts

Executive’s Rights Upon Termination. a. In the event that Executive's employment at ONLN is terminated for any reason other than (i) Death, (ii) Disability, (iii) Cause, (iv) voluntary resignation by Executive not constituting Constructive Termination, or (v) the expiration of the term of his Agreement, ONLN will pay to Executive Base Compensation for a period continuing five years after the date of termination. In addition, ONLN will fully vest all stock options and restricted stock awards previously granted by ONLN to Executive and fully vest and immediately pay to Executive any accrued award earned by Executive under the Performance Bonus Plan(s), above, or any other ONLN Executive incentive plans which may exist at the time of termination and in which the Executive is a participant. b. In the event the Executive's employment at ONLN is terminated for Death, Disability, Cause, voluntary resignation not constituting Constructive Termination, or upon expiration of the term of this Agreement, Executive shall be entitled to all benefits under this Agreement, including base salary, performance and incentive bonuses for eighteen (18) months after such event. Stock options vested to date of termination may be exercised at any time during the eighteen (18) months period following termination and may be exercised by the estate of the Executive in the event of his death during the same time period. c. Should the Executive exercise his option to terminate his Executive Employment voluntarily for Constructive Termination, the Company shall continue to employ the Executive as an advisor and consultant ("Consulting Employment") for a period of five years. During the period of Consulting Employment, the Executive shall at reasonable times but not full time, be available to consult with and advise the Company's officers, directors, representatives and clients. Executive shall be entitled to all benefits under this Agreement, including base salary, performance and incentive bonuses during the term of Consulting Employment. Stock options vested to date of Constructive Termination may be exercised at any time during the period of Consulting Employment. During the period of Consulting Employment, the Executive shall be permitted to engage in any business so long as such business practice is not in competition with the Company. d. Base Compensation payments shall be made when payments would otherwise have been made to Executive if he were still employed by ONLN, except in such cases where a different payment schedule is provided for in other Company-sponsored plans or programs. e. In the event of termination of employment of Executive for any reason, the Company shall immediately release the Executive, and obtain the release of the Executive by third parties, from any and all personal guarantees and other credit obligations the Executive has incurred or undertaken on behalf of the Company or any subsidiary.

Appears in 1 contract

Sources: Executive Employment Agreement (Online Power Supply Inc)

Executive’s Rights Upon Termination. a. In the event that Executive's employment at ONLN DCXI is terminated for any reason other than (ia) Death, (iib) Disability, (iiic) Cause, (ivd) voluntary resignation by Executive not constituting Constructive Termination, or (ve) the expiration of the term of his Agreement, ONLN DCXI will pay to Executive Base Compensation for a period continuing five three (3) years after the date of termination. In addition, ONLN DCXI will fully vest all stock options and restricted stock awards previously granted by ONLN DCXI to Executive and fully vest and immediately pay to Executive any accrued award earned by Executive under the Performance Bonus Plan(s), above, or any other ONLN DCXI Executive incentive plans which may exist at the time of termination and in which the Executive is a participant. b. . Base Compensation payments shall be made when payments would otherwise have been made to Executive if he were still employed by DCXI, except in such cases where a different payment schedule is provided for in other Company-sponsored plans or programs. In the event the Executive's employment at ONLN DCXI is terminated for Death, Disability, Cause, voluntary resignation not constituting Constructive Termination, or upon expiration of the term of this Agreement, Executive shall be entitled to all benefits under this Agreement, including base salary, performance and incentive bonuses for eighteen (18) months after such event. Stock options vested to date of termination may be exercised at any time during the eighteen (18) months period following termination and may be exercised by the estate of the Executive in the event of his death during the same time period. c. . Should the Executive exercise his option to terminate his Executive Employment voluntarily for Constructive Terminationafter June 30, 2000, the Company shall continue to employ the Executive as an advisor and consultant ("Consulting Employment") for a period of five years. During the period of Consulting Employment, the Executive shall at all reasonable times but not full timetimes, to the extent his physical and mental condition permits, be available to consult with and advise the Company's officers, directors, representatives and clients. Executive shall be entitled In addition to all benefits under other forms of compensation otherwise conferred in this Agreement, including base salary, performance and incentive bonuses during the term of Consulting Employment. Stock options vested Company shall pay to date of Constructive Termination may be exercised at any time the Executive during the period of Consulting Employment. During , a minimum annual compensation equal to one half of the average annual salary paid to him during the last thirty six month period of Consulting Employment, his Executive Employment subject to increase from time to time at the Executive shall be permitted to engage in any business so long as such business practice is not in competition with discretion of the Company. d. Base Compensation payments shall be made when payments would otherwise have been made to Executive if he were still employed by ONLN, except in such cases where a different payment schedule is provided for in other Company-sponsored plans or programs. e. In the event of termination of employment of Executive for any reason, the Company shall immediately release the Executive, and obtain the release of the Executive by third parties, from any and all personal guarantees and other credit obligations the Executive has incurred or undertaken on behalf of the Company or any subsidiary.

Appears in 1 contract

Sources: Executive Employment Agreement (DCX Inc)

Executive’s Rights Upon Termination. a. In the event that Executive's employment at ONLN DCXI is terminated for any reason other than (ia) Death, (iib) Disability, (iiic) Cause, (ivd) voluntary resignation by Executive not constituting Constructive Termination, or (ve) the expiration of the term of his Agreement, ONLN DCXI will pay to Executive Base Compensation for a period continuing five three (3) years after the date of termination. In addition, ONLN DCXI will fully vest all stock options and restricted stock awards previously granted by ONLN DCXI to Executive and fully vest and immediately pay to Executive any accrued award earned by Executive under the Performance Bonus Plan(s), above, or any other ONLN DCXI Executive incentive plans which may exist at the time of termination and in which the Executive is a participant. b. . Base Compensation payments shall be made when payments would otherwise have been made to Executive if he were still employed by DCXI, except in such cases where a different payment schedule is provided for in other Company-sponsored plans or programs. In the event the Executive's employment at ONLN DCXI is terminated for Death, Disability, Cause, voluntary resignation not constituting Constructive Termination, or upon expiration of the term of this Agreement, Executive shall be entitled to all benefits under this Agreement, including base salary, performance and incentive bonuses for eighteen (18) months after such event. Stock options vested to date of termination may be exercised at any time during the eighteen (18) months period following termination and may be exercised by the estate of the Executive in the event of his death during the same time period. c. . Should the Executive exercise his option to terminate his Executive Employment voluntarily for Constructive Terminationafter June 30, 2000, the Company shall continue to employ the Executive as an advisor and consultant ("Consulting Employment") for a period of five three years. During the period of Consulting Employment, the Executive shall at all reasonable times but not full timetimes, to the extent his physical and mental condition permits, be available to consult with and advise the Company's officers, directors, representatives and clients. Executive shall be entitled In addition to all benefits under other forms of compensation otherwise conferred in this Agreement, including base salary, performance and incentive bonuses during the term of Consulting Employment. Stock options vested Company shall pay to date of Constructive Termination may be exercised at any time the Executive during the period of Consulting Employment. During , a minimum annual compensation equal to one half of the average annual salary paid to him during the last thirty six month period of Consulting Employment, his Executive Employment subject to increase from time to time at the Executive shall be permitted to engage in any business so long as such business practice is not in competition with discretion of the Company. d. Base Compensation payments shall be made when payments would otherwise have been made to Executive if he were still employed by ONLN, except in such cases where a different payment schedule is provided for in other Company-sponsored plans or programs. e. In the event of termination of employment of Executive for any reason, the Company shall immediately release the Executive, and obtain the release of the Executive by third parties, from any and all personal guarantees and other credit obligations the Executive has incurred or undertaken on behalf of the Company or any subsidiary.

Appears in 1 contract

Sources: Executive Employment Agreement (DCX Inc)