Other Termination by the Company. If the Company terminates Executive's employment without Cause before this Agreement terminates, or Executive terminates his employment for Good Reason (defined below), the Company will pay Executive for the remainder of the Term the compensation and other benefits he would have been entitled to if his employment had not terminated.
Other Termination by the Company. The Company may terminate the employment of the Employee for any reason other than one specified in Section 4(b) or 4(c) hereof immediately upon written notice to the Employee, in which event the Employee shall be entitled to receive: (i) any portion of the Employee’s Base Salary for the period up to the date of termination that has been earned but remains unpaid; (ii) any benefits that have accrued to the Employee under the terms of any employee benefit plans of the Company, which benefits shall be paid in accordance with the terms of those plans; and (iii) subject to the satisfaction of the provisions of Section 4(g) and the compliance by the Employee with all terms and provisions of this Agreement that survive the termination of the Employee’s employment by the Company, (A) the Employee’s Base Salary for a period of nine months, less applicable taxes and withholdings, payable in accordance with the Company’s regular payroll practices, with an accelerated payment of any balance upon the occurrence of a Change in Control; provided, however, that if such termination of employment shall occur within three months before or within twelve months after the occurrence of a Change in Control (such period being referred to herein as the “Change of Control Period”), the severance payable to the Employee shall be increased to an amount equal to the Employee’s Base Salary for a period of eighteen months and be payable in a single lump sum payment, less applicable taxes and withholdings; (B) payment or reimbursement (upon presentation of proof of payment) of the Employee’s medical insurance premiums at the same level as was in effect on the termination date for a period of nine months, which period shall increase to eighteen months if such termination of employment shall occur within the Change in Control Period; and (C) if such termination shall occur within the Change in Control Period, an amount equal to the Employee’s Target Bonus for the year in which such employment termination shall occur prorated based on the relative number of days in such year during which the Employee was employed by the Company and/or its successor in the Change in Control, payable in a single lump sum payment, less applicable taxes and withholdings. Any severance payments and lump sum payments due hereunder shall commence as soon as administratively feasible within 60 days after the date of the Employee’s termination of employment provided the Employee has timely executed and returned the...
Other Termination by the Company. Notwithstanding anything contained herein to the contrary (including, without limitation, the provisions of Section 1), the Company may terminate the Executive's employment for any reason, or for no reason, at any time during the Employment Period upon written notice of termination. In the event of such termination, the Company shall notify the Executive of the date of termination, which date may be at any time up to and including six months following the date of written notice of termination. The Executive shall continue to perform his duties hereunder through the date of termination determined by the Company.
Other Termination by the Company. The Company may terminate this ---------------------------------- Agreement at any time without "Cause" by providing written notice to Employee. If the Company terminates this Agreement at any time without Cause (i.e., other than pursuant to Section 8(b) or 8(c) above), or the Company elects not to renew the Term as provided in Section 2 hereof, the Company shall continue to pay Employee his Base Salary for a period of nine-months following the date of termination of employment, the timing and manner of such payments to be in accordance with the salary payment arrangements in effect at the time of such termination. Employee shall be required to comply with Section 6. It shall be a condition precedent of payment to Employee of such continued payments pursuant to this subsection (d) that the Employee execute a full and complete release of the Company, each of its subsidiaries, affiliates and their respective past, present and future officers, directors, employees, consultants, attorneys, agents and shareholders, in form and substance reasonably acceptable to the Company, of any claims Employee may have against any of them, to the extent such claims arise from Employee's employment hereunder. Notwithstanding any provision in this Agreement to the contrary, the Company's obligations to make payments pursuant to this Section 8(d) shall immediately terminate in the event that the Employee engages in any of the Competitive Activities (even if Section 6(b) is not applicable due to termination of employment without Cause).
Other Termination by the Company. The Company may terminate the Employee's employment at any time during the Term for whatever reason it deems appropriate or without reason; provided, however, that in the event that such termination is not pursuant to Section 6.1, 6.2, 6.3 or 6.5, the Company shall, except as provided in Section 9(c), (a) pay to the Employee the Severance Amount (as hereinafter defined) in equal installments on a monthly basis over the Severance Term (as hereinafter defined), (b) pay to the Employee any bonus payable in accordance with the terms of the Executive Bonus Plan and (c) provide the Employee for the Severance Term with the same benefits then in effect under Section 5. The Employee shall not be required to seek subsequent employment. Rights and benefits of the Employee with respect to the Options or the Bonus Options shall be determined in accordance with Section 3.3(b) or the Executive Bonus Plan, as applicable. Neither the Employee nor the Company shall have any further rights or obligations under this Agreement, except as provided in Sections 7, 8, 9 and 10. Any termination of this Agreement by the Company after the date hereof and prior to the Closing Date shall be treated as a termination of employment pursuant to this Section 6.4 as of the day following the Closing Date, provided that the Closing (as defined in the Purchase Agreement) shall have occurred. For purposes hereof, Severance Amount shall mean an amount equal to the sum of (i) the annual salary then in effect under Section 3.1 and (ii) the Average Bonus (as hereinafter defined), multiplied by the Severance Factor. Average Bonus shall mean the average of the bonuses, if any, paid to the Employee by the Company and/or Miss Erikx xx the two (2) full fiscal years of the Company and/or Miss Erikx, xx applicable, prior to the date of termination of employment of the Employee. Severance Factor shall mean a fraction, the numerator of which is the number of days remaining in the then-current Term plus 365, and the denominator of which is 365. Severance Term shall mean the number of days remaining in the then-current Term plus 365 days. For purposes of the foregoing, in determining the number of days remaining in the then-current Term, if termination under this Section 6.4 occurs during (i) the Initial Term, the then-current Term shall be determined without regard to the Extended Term; provided, however, that if following such termination the Company attains the EBITDA 2-Year Target for the fiscal years endi...
Other Termination by the Company. (a) The Company may terminate your employment during the Term of Employment, other than a termination under Sections 5.1, 5.2, or 5.3, at any time upon written notice to you. In the event that your employment is so terminated, in addition to the Termination Entitlement, you will receive (subject to the requirements of Section 5.7), for the duration of the Severance Period (defined in Section 5.4(b) below), bi-weekly payments made in substantially equal installments in accordance with the customary payroll practices of the Company, and subject to payroll deductions and required withholdings, at an annualized rate equal to the sum of your Base Salary and Average Annual Bonus; provided however, that:
Other Termination by the Company. (a) The Company may terminate the Executive's employment for Cause (as defined in sub-paragraph (b) below); provided, however, that the Company shall not terminate this Agreement for reasons set forth in Section 5(b)(i) unless the Company shall first have delivered to the Executive a notice which specifically identifies such Cause and the Executive shall not have cured the same within thirty (30) days after receipt of such notice (the "Cure Period").
Other Termination by the Company. The Company may terminate this Agreement at any time without “Cause” by providing thirty (30) days prior written notice to Executive. If the Company terminates this Agreement at any time without Cause (i.e., other than pursuant to Section 8(b) or 8(c) above), or the Company elects not to renew the Term as provided in Section 2 hereof, the Company shall be obligated to pay Executive, and Executive shall be entitled to receive only, the Base Salary set forth in Section 4 accrued through the date of termination and he shall not be entitled to any Bonus payments or other benefits (except as provided by law).
Other Termination by the Company. While the Company employs Executive, the Company may immediately terminate this Agreement upon the occurrence of any of the following events:
Other Termination by the Company. (a) The Company may terminate the Term of Employment, other than a termination under Sections 5.1, 5.2, or 5.3, at any time upon written notice to you. In the event that your Term of Employment is so terminated, you will (subject to the requirements of Section 5.7) be treated as an employee of the Company (but without any title) until the end of the Severance Period (defined in Section 5.4(b) below) and entitled to receive Base Salary and target Bonus (as set forth in Section 3.2(a)) payments for that period in bi-weekly, substantially equal installments; provided however, that:
