Occurrence of a Change in Control. In the event of a Change of Control (provided that after such Change of Control, the Executive’s employment is terminated (x) by the Company without Cause or (y) by the Executive for Good Reason), the Company shall pay to the Executive as severance compensation two times the Executive’s Base Salary as then in effect plus two times the Executive’s bonus paid for the Company’s last calendar year. The severance compensation shall be paid in a lump sum by the end of the following month following a qualifying event. “Change of Control” shall mean that after the date hereof, (i) any person or group of affiliated or associated persons acquires a majority or more of the voting power of the Company; (ii) the consummation of a sale of all or substantially all of the assets of the Company; (iii) the dissolution of the Company or (iv) the consummation of any merger, consolidation, or reorganization involving the Company in which, immediately after giving effect to such merger, consolidation or reorganization, less than majority of the total voting power of outstanding stock of the surviving or resulting entity is then “beneficially owned” (within the meaning of Rule 13d-3 under the Securities Exchange Act of 1934, as amended) in the aggregate by the stockholders of the Company immediately prior to such merger, consolidation or reorganization.
Occurrence of a Change in Control. If there is a Change in Control (as defined in § II) during the term of Agreement, and any of the following events occur, in addition to any monies already owed under other operative agreements, if applicable, the Company will pay Executive one (1) year of Base Salary, the pro-rata portion of Executive’s Bonus accrued up to the date of separation from the Company, and all unvested options to purchase shares will automatically vest, if:
Occurrence of a Change in Control. In the event of a Change in Control, your SAR shall fully vest and become fully exercisable, subject to the limitations of Section 3 hereof, as to the Shares then subject to the SAR. This shall occur immediately prior to the effective date of the transaction giving rise to the Change in Control.
Occurrence of a Change in Control. Unless otherwise determined by the Board or as otherwise provided by an employment agreement between you and the Company, the vesting of the Restricted Stock shall not be accelerated as a result of a Change in Control.
Occurrence of a Change in Control. In the event of a Change in Control:
Occurrence of a Change in Control. Subject to the provisions of Section 10 hereof, in the event of a Change in Control, your shares of Restricted Stock shall fully vest and all restrictions under the Plan and the Award Agreement with respect to the shares of Restricted Stock shall automatically expire and shall be of no further force or effect. This shall occur immediately prior to the effective date of the transaction giving rise to the Change in Control.
Occurrence of a Change in Control. If there is a Change in Control (as defined in § II) during the term of the Agreement, and either (a) Executive is involuntarily terminated without Cause (as defined in § V) within twelve (12) months following the date of such Change in Control, but within the term of the Agreement; or (b) Executive terminates voluntarily with Good Reason (as defined in § IV) within twelve (12) months following the date of such Change in Control, but within the term of the Agreement., in addition to any monies already owed under other operative agreements, if applicable, the Company will pay Executive a Severance Payment consisting of the following: (i) one (1) year of Base Salary, the pro-rata portion of Executive’s Bonus accrued up to the date of separation from the Company, and (ii) all unvested incentive equity will automatically vest. Notwithstanding the foregoing, during the period in which any obligation arising form financial assistance provided under the Troubled Asset Relief Program (“TARP”) of the Emergency Economic Stabilization Act of 2008 (“EESA”) as amended by the American Recovery and Reinvestment Act of 2009 (“ARRA”), Executive shall not be entitled to the Severance Payment otherwise payable to Executive under this § III if Executive is a “senior executive officer” or one of the next 5 most highly-compensated employees, as defined by EESA, as amended by ARRA, or in the case such payment is otherwise prohibited under TARP. For purposes of this § III (b), the date of a Change in Control will be the closing date of such transactions described in § II.
Occurrence of a Change in Control. A “Change in Control” will be deemed to have occurred if an event described in any one of the following paragraphs has occurred:
Occurrence of a Change in Control. (a) Termination other than for Cause, or for Good Reason. If during the Term a Change of Control (as defined below) shall occur and within one year from the date of the occurrence of such Change of Control the Company shall terminate Executive's employment other than for Cause or the Executive shall terminate his employment for Good Reason (a "Change of Control Severance"), subject to Executive's execution of the Release and in lieu of the benefits under Section 7 hereof,
Occurrence of a Change in Control. In the event of a Change of Control (provided that after such Change of Control, the Executive’s compensation is decreased, his duties are diminished or the Company has requested the Executive to move his residence from Denver, Colorado to another state or has requested Executive to change the location of his business office to an address which is more than 25 miles from the Location), the Company shall pay to the Executive as severance compensation two times the Executive’s Base Salary as then in effect plus two times the Executive’s Discretionary Bonus paid for the Company’s last calendar year. The severance compensation shall be paid in a lump sum within ten (10) days following a qualifying event.