Common use of Months Following a Change of Control Clause in Contracts

Months Following a Change of Control. If, within three (3) months prior to or within twelve (12) months following a Change of Control, Employee’s employment is terminated (i) involuntarily by the Company other than for Cause, death or Disability or (ii) by the Employee pursuant to a Voluntary Termination for Good Reason, then, subject to Employee entering into a standard form of mutual release of claims with the Company in substantially the form attached hereto as Exhibit A, the Company shall provide Employee with the following benefits upon such termination:

Appears in 3 contracts

Samples: Management Retention Agreement (3com Corp), Management Retention Agreement (3com Corp), Management Retention Agreement (3com Corp)

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Months Following a Change of Control. If, within three (3) months prior to or If within twelve (12) months following a Change of Control, Employee’s employment is terminated with the Company terminates either (i) involuntarily voluntarily by the Company Employee (other than for Causeas a result of an Involuntary Termination), death or Disability or (ii) for Cause by the Company, then Employee will not be entitled to receive severance or other benefits except for those, if any, as may then be established under the Company’s then existing severance and benefits plans and practices or pursuant to a Voluntary Termination for Good Reason, then, subject to Employee entering into a standard form of mutual release of claims other written agreements with the Company in substantially the form attached hereto as Exhibit A, the Company shall provide Employee with the following benefits upon such termination:Company.

Appears in 1 contract

Samples: Change of Control and Severance Agreement (Ev3 Inc.)

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Months Following a Change of Control. If, within three (3) months prior to or within twelve (12) months following a Change of Control, Employee’s employment is terminated (i) involuntarily by the Company other than for Cause, death or Disability or (ii) by the Employee pursuant to a Voluntary Termination for Good Reason, then, subject to Employee entering into a standard form of mutual release of claims with the Company in substantially the form attached hereto as Exhibit AA (as updated to reflect applicable state and federal law), the Company shall provide Employee with the following benefits upon such termination:.

Appears in 1 contract

Samples: Management Retention Agreement (3com Corp)

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