Common use of For Cause by the Company Clause in Contracts

For Cause by the Company. The Company hereunder, may terminate the Term, and the Executive’s employment at any time for Cause (as defined below) upon delivery of a Notice of Termination (as defined in Section 4.4) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, “Cause” means, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s willful dishonesty towards the Company; (iii) Executive’s willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five (5) business days following receipt of such written demand; (iv) Executive’s knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s business operations or his material breach of this Agreement; (v) Executive’s theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliate; or (vi) Executive’s habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.1, he shall be entitled to receive only his Salary through the date of termination and he shall have no further rights to any compensation (including any Salary) or any other benefits under this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Jintai Mining Group, Inc.), Employment Agreement (Sino Clean Energy Inc), Employment Agreement (Jintai Mining Group, Inc.)

AutoNDA by SimpleDocs

For Cause by the Company. The Company Employment Term, and Executive’s employment hereunder, may terminate the Term, and the Executive’s employment be terminated at any time by the Company for Cause “Cause” (as defined below) upon delivery of a Notice of Termination Termination” (as defined in Section 4.48(e)) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, “Cause” meansshall mean, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s willful dishonesty towards the Company; (iii) Executive’s willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five fifteen (515) business days following receipt of such written demand; (iv) Executive’s material, knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s business operations or his material breach of this Agreement; (v) Executive’s theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliateof its affiliates or subsidiaries; or (vi) Executive’s habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.18(a), he shall be entitled to receive only his Base Salary and authorized benefits through the date of termination and he shall have no further rights to any compensation (including any SalaryBase Salary or Bonus) or any other benefits under this Agreement. All other benefits, if any, due to the Executive following Executive’s termination of employment for Cause pursuant to this Section 8(a) shall be determined in accordance with the plans, policies and practices of the Company; provided, however, that Executive shall not participate in any severance plan, policy or program of the Company.

Appears in 4 contracts

Samples: Employment Agreement (China Sunergy Co., Ltd.), Employment Agreement (China Sunergy Co., Ltd.), Employment Agreement (China Sunergy Co., Ltd.)

For Cause by the Company. The Company hereunder, may terminate the Term, and the Executive’s employment at any time for Cause (as defined below) upon delivery of a Notice of Termination (as defined in Section 4.4) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, “Cause” means, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s willful dishonesty towards the Company; (iii) Executive’s willful and continued failure to perform substantially all of his her duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five (5) business days following receipt of such written demand; (iv) Executive’s knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s business operations or his her material breach of this Agreement; (v) Executive’s theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliate; or (vi) Executive’s habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s ability to perform his her assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.1, he she shall be entitled to receive only his her Salary through the date of termination and he she shall have no further rights to any compensation (including any Salary) or any other benefits under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (CAM Group, Inc.), Employment Agreement (CAM Group, Inc.)

For Cause by the Company. The Company Employment Term, and Executive's employment hereunder, may terminate the Term, and the Executive’s employment be terminated at any time by the Company for Cause "Cause" (as defined below) upon delivery of a "Notice of Termination Termination" (as defined in Section 4.48(e)) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, "Cause” means" shall mean, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s 's willful dishonesty towards the Company; (iii) Executive’s 's willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five fifteen (515) business days following receipt of such written demand; (iv) Executive’s 's material, knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s 's business operations or his material breach of this Agreement; (v) Executive’s 's theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliateof its affiliates or subsidiaries; or (vi) Executive’s 's habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s 's ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.18(a), he shall be entitled to receive only his Base Salary and authorized benefits through the date of termination and he shall have no further rights to any compensation (including any SalaryBase Salary or Bonus) or any other benefits under this Agreement. All other benefits, if any, due to the Executive following Executive's termination of employment for Cause pursuant to this Section 8(a) shall be determined in accordance with the plans, policies and practices of the Company; provided, however, that Executive shall not participate in any severance plan, policy or program of the Company.

Appears in 2 contracts

Samples: Employment Agreement (China Sunergy Co., Ltd.), Employment Agreement (China Sunergy Co., Ltd.)

For Cause by the Company. The Company hereunder, may terminate the Term, and the Executive’s employment at any time for Cause (as defined below) upon delivery of a Notice of Termination (as defined in Section 4.4) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, “Cause” means, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s 's willful dishonesty towards the Company; (iii) Executive’s 's willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five (5) business days following receipt of such written demand; (iv) Executive’s 's knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s 's business operations or his material breach of this Agreement; (v) Executive’s 's theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliate; or (vi) Executive’s 's habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s 's ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.1, he shall be entitled to receive only his Salary through the date of termination and he shall have no further rights to any compensation (including any Salary) or any other benefits under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Sino Clean Energy Inc), Employment Agreement (Sino Clean Energy Inc)

For Cause by the Company. The Notwithstanding any other provision of this Agreement, Executive's employment hereunder may be terminated by the Company hereunder, may terminate the Term, and the Executive’s employment at any time for Cause (as defined below) upon delivery of a Notice of Termination (as defined in Section 4.4) by the Company to Executive, in which the cause or reason of such termination is statedCause. For purposes of this Agreement, "Cause” means, in each case, as reasonably determined by the Board: " shall mean (i) conviction ofExecutive's willful failure to perform his duties hereunder (other than as a result of total or partial incapacity due to physical or mental illness) for thirty (30) days after a written demand for performance is delivered to Executive on behalf of the Company which specifically identifies the manner in which it is alleged that Executive has not substantially performed his duties, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s willful 's dishonesty towards in the Company; performance of his duties hereunder, (iii) an act or acts on Executive’s willful 's part involving moral turpitude or constituting a felony and continued failure resulting in a conviction under the laws of the United States or any state thereof, (iv) any other act or omission which is materially injurious to perform substantially all the financial condition or business reputation of the Company or any of its affiliates, or (v) Executive's material breach of his duties with the Companyobligations under Section 6 and 7 hereof, or a failure to follow the lawful direction of the Board after the Board delivers a written demand which breach shall remain uncured by Executive for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five thirty (530) business days following receipt of notice from the Company specifying such written demand; (iv) breach. If Executive’s knowing and intentional failure to comply with applicable laws with respect 's employment is terminated by the Company for Cause, the Company shall pay Executive a lump sum amount equal to the execution portion of the Base Salary accrued and payable through the last day of his actual employment by the Company’s business operations or his material breach . The payment to Executive of this Agreement; (v) any other benefits following the termination of Executive’s theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliate; or (vi) Executive’s habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause 's employment pursuant to this Section 4.1, he 5.1 shall be entitled to receive only his Salary through determined by the date Board in its sole discretion in accordance with the policies and practices of termination and he shall have no further rights to any compensation (including any Salary) or any other benefits under this Agreementthe Company.

Appears in 1 contract

Samples: Employment Agreement (Arqule Inc)

For Cause by the Company. The Company Employment Term, and Executive’s employment hereunder, may terminate the Term, and the Executive’s employment be terminated at any time by the Company for Cause “Cause” (as defined below) upon delivery of a Notice of Termination Termination” (as defined in Section 4.4(h)(v)) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, “Cause” meansshall mean, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s willful dishonesty towards the Company; (iii) Executive’s willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five fifteen (515) business days following receipt of such written demand; (iv) Executive’s material, knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s business operations or his material breach of this Agreement; (v) Executive’s theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliateof its affiliates or subsidiaries; or (vi) Executive’s habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.1(h)(i), he shall be entitled to receive only his Base Salary and authorized benefits through the date of termination and he shall have no further rights to any compensation (including any SalaryBase Salary or Bonus) or any other benefits under this Agreement. All other benefits, if any, due Executive following Executive’s termination of employment for Cause pursuant to this Section (h)(i) shall be determined in accordance with the plans, policies and practices of the Company; provided, however, that Executive shall not participate in any severance plan, policy or program of the Company.

Appears in 1 contract

Samples: Subscription Agreement (China Sunergy Co., Ltd.)

For Cause by the Company. The Company hereunder, may terminate the Employment Term, and the Executive’s employment at any time for Cause "Cause" (as defined below) upon delivery of a 30-day "Notice of Termination Termination" (as defined in Section 4.490) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, "Cause” means" shall mean, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s 's willful dishonesty towards the Company; (iii) Executive’s 's willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five fifteen (515) business days following receipt of such written demand; (iv) Executive’s 's material, knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s 's business operations or his material breach of this Agreement; (v) Executive’s 's theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliateof its affiliates or subsidiaries; or (vi) Executive’s 's habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s 's ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.1, 90 he shall be entitled to receive only his Salary Base Salary, vested stock award and authorized benefits through the date of termination and he shall have no further rights to any compensation (including any SalaryBase Salary or Bonus) or any other benefits under this Agreement. All other benefits, if any, due to the Executive following Executive's termination of employment for Cause pursuant to this Section 90 shall be determined in accordance with the plans, policies and practices of the Company; provided, however, that Executive shall not participate in any severance plan, policy or program of the Company.

Appears in 1 contract

Samples: Employment Agreement (AFH Holding I, Inc.)

AutoNDA by SimpleDocs

For Cause by the Company. The Company hereunder, may terminate the Employment Term, and the Executive’s employment at any time for Cause "Cause" (as defined below) upon delivery of a 60-day "Notice of Termination Termination" (as defined in Section 4.40(c)) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, "Cause” means" shall mean, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s 's willful dishonesty towards the Company; (iii) Executive’s 's willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five fifteen (515) business days following receipt of such written demand; (iv) Executive’s 's material, knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s 's business operations or his material breach of this Agreement; (v) Executive’s 's theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliateof its affiliates or subsidiaries; or (vi) Executive’s 's habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s 's ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.10(a), he shall be entitled to receive only his Base Salary and authorized benefits through the date of termination and he shall have no further rights to any compensation (including any SalaryBase Salary or Bonus) or any other benefits under this Agreement. All other benefits, if any, due to the Executive following Executive's termination of employment for Cause pursuant to this Section 0(a) shall be determined in accordance with the plans, policies and practices of the Company; provided, however, that Executive shall not participate in any severance plan, policy or program of the Company.

Appears in 1 contract

Samples: Employment Agreement (China Linen Textile Industry, LTD)

For Cause by the Company. The Notwithstanding any other provision of ------------------------ this Agreement, Executive's employment hereunder may be terminated by the Company hereunder, may terminate the Term, and the Executive’s employment at any time for Cause (as defined below) upon delivery of a Notice of Termination (as defined in Section 4.4) by the Company to Executive, in which the cause or reason of such termination is statedCause. For purposes of this Agreement, "Cause” means, in each case, as reasonably determined by the Board: " shall mean (i) conviction ofExecutive's willful failure to perform his duties hereunder (other than as a result of total or partial incapacity due to physical or mental illness) for thirty (30) days after a written demand for performance is delivered to Executive on behalf of the Company which specifically identifies the manner in which it is alleged that Executive has not substantially performed his duties, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s willful 's dishonesty towards in the Company; performance of his duties hereunder, (iii) an act or acts on Executive’s willful and continued failure 's part involving moral turpitude or constituting a felony under the laws of the United States or any state thereof, (iv) any other act or omission which is materially injurious to perform substantially all the financial condition or business reputation of the Company or any of its affiliates, or (v) Executive's material breach of his duties with the Companyobligations under Section 6 or Section 7 hereof, or a failure to follow the lawful direction of the Board after the Board delivers a written demand which breach shall remain uncured by Executive for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five thirty (530) business days following receipt of notice from the Company specifying such written demand; breach. If Executive's employment is terminated by the Company for Cause, the Company shall pay Executive (ivi) Executive’s knowing and intentional failure to comply with applicable laws with respect a lump sum amount equal to the execution portion of the Company’s business operations Base Salary earned or accrued through the last day of his material breach actual employment by the Company and (ii) the Bonus Payment, if any, to which Executive may be entitled to under Section 4.2 of this Agreement; (v) . The payment to Executive of any other benefits following the termination of Executive’s theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliate; or (vi) Executive’s habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause 's employment pursuant to this Section 4.1, he 5.1 shall be entitled to receive only his Salary through determined by the date Board in its sole discretion in accordance with the policies and practices of termination and he shall have no further rights to any compensation (including any Salary) or any other benefits under this Agreementthe Company.

Appears in 1 contract

Samples: Stock Purchase Agreement (CMG Information Services Inc)

For Cause by the Company. The Company hereunder, may terminate the Term, and the Executive’s employment at any time for Cause (as defined below) upon delivery of a Notice of Termination (as defined in Section 4.4) by the Company to Executive, in which the cause or reason of such termination is stated. For purposes of this Agreement, “Cause” means, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s willful dishonesty towards the Company; (iii) Executive’s willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive neglects to cure such a failure to the reasonable satisfaction of the Board within five (5) business days following receipt of such written demand; (iv) Executive’s knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s business operations or his material breach of this Agreement; (v) Executive’s theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliate; or (vi) Executive’s habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s ability to perform his assigned duties and responsibilities. If Executive is terminated for Cause pursuant to this Section 4.1, he she shall be entitled to receive only his Salary through the date of termination and he she shall have no further rights to any compensation (including any Salary) or any other benefits under this Agreement.

Appears in 1 contract

Samples: Employment Agreement (CAM Group, Inc.)

For Cause by the Company. The Company hereunder, may terminate the Term, and the ExecutiveEmployee’s employment at any time for Cause “Cause” (as defined below) upon delivery of a Notice of Termination Termination” (as defined in Section 4.45.4) by the Company to ExecutiveEmployee, in which the cause or reason of such termination is stated. For purposes of this Agreement, “Cause” means, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Executive Employee with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Executive’s Employee's willful dishonesty towards the Company; (iii) Executive’s Employee's willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Executive Employee neglects to cure such a failure to the reasonable satisfaction of the Board within five fifteen (515) business days following receipt of such written demand; (iv) Executive’s Employee's material, knowing and intentional failure to comply with applicable laws with respect to the execution of the Company’s 's business operations or his material breach of this Agreement; (v) Executive’s Employee's theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliate; or (vi) Executive’s Employee's habitual intoxication or continued abuse of illegal drugs which materially interferes with Executive’s Employee's ability to perform his assigned duties and responsibilities. Employment Agreement If Executive Employee is terminated for Cause pursuant to this Section 4.15.1, he shall be entitled to receive only his Salary and authorized benefits through the date of termination and he shall have no further rights to any compensation (including any SalarySalary or discretionary bonus) or any other benefits under this Agreement. All other benefits, if any, due to Employee following Employee’s termination of employment for Cause pursuant to this Section 5.1 shall be determined in accordance with the plans, policies and practices of the Company; provided, however, that Employee shall not participate in any severance plan, policy or program of the Company.

Appears in 1 contract

Samples: Employment Agreement (Energroup Holdings Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.