Common use of Paramount Provisions Clause in Contracts

Paramount Provisions. (a) Notwithstanding anything in Sections 6.02 and 6.03 above or any other provision of this Agreement to the contrary, if the Company has met all of its obligations under this Agreement (and the Insurance Agreement, if applicable) with respect to obtaining and maintaining in force (i) the Life Insurance Policy described in Section 6.02 hereof on the life of Employee to fund the Death Benefit or (ii) the Supplemental Disability Policy maintained for Employee pursuant to Section 6.03 hereof to fund such Employee's Disability Benefit, but all or any portion of the proceeds under any such policy are not actually received by the Company for any reason whatsoever, including without limitation the insolvency of the insurer or any misrepresentation made by Employee in the application for such insurance, then the right of Employee or his designated beneficiary to receive a Disability Benefit or a Death Benefit, as the case may be, shall be reduced (but not below zero) by the amount by which the Disability Benefit or Death Benefit otherwise payable exceeds the insurance proceeds actually received.

Appears in 9 contracts

Samples: Employment Agreement (Afc Enterprises Inc), Employment Agreement (Afc Enterprises Inc), Employment Agreement (Afc Enterprises Inc)

AutoNDA by SimpleDocs

Paramount Provisions. (a) Notwithstanding anything in Sections 6.02 and 6.03 above or any other provision of this Agreement to the contrary, if the Company has met all of its obligations under this Agreement (and the Insurance Agreement, if applicable) with respect to obtaining and maintaining in force (i) the Life Insurance Policy life insurance policy described in Section 6.02 hereof on the life of Employee to fund the Death Benefit minimum death benefit described therein or (ii) the Supplemental Disability Policy maintained for Employee pursuant to Section 6.03 hereof to fund such Employee's ’s Disability Benefit, but all or any portion of the proceeds under any such policy are not actually received by the Company Employee for any reason whatsoever, including without limitation the insolvency of the insurer or any misrepresentation made by Employee in the application for such insurance, then the right of Employee or his designated beneficiary to receive a Disability Benefit or a Death Benefitdeath benefit, as the case may be, shall be reduced (but not below zero) by the amount by which the Disability Benefit or Death Benefit death benefit otherwise payable exceeds the insurance proceeds actually received.

Appears in 2 contracts

Samples: Employment Agreement (Afc Enterprises Inc), Employment Agreement (Afc Enterprises Inc)

Paramount Provisions. (a) Notwithstanding anything in Sections 6.02 and 6.03 above or any other provision of this Agreement to the contrary, if the Company has met all of its obligations under this Agreement (and the Insurance Agreement, if applicable) with respect to obtaining and maintaining in force (i) the Life Insurance Policy described in Section 6.02 hereof on the life of Employee to fund the Death Benefit or (ii) the Supplemental Disability Policy maintained for Employee pursuant to Section 6.03 hereof to fund such Employee's Disability Benefit, but all or any portion of the proceeds under any such policy are not actually received by the Company Employee for any reason whatsoever, including without limitation the insolvency of the insurer or any misrepresentation made by Employee in the application for such insurance, then the right of Employee or his designated beneficiary to receive a Disability Benefit or a Death Benefit, as the case may be, shall be reduced (but not below zero) by the amount by which the Disability Benefit or Death Benefit otherwise payable exceeds the insurance proceeds actually received.

Appears in 2 contracts

Samples: Employment Agreement (Afc Enterprises Inc), Employment Agreement (Afc Enterprises Inc)

Paramount Provisions. (a) Notwithstanding anything in Sections 6.02 and 6.03 above or any other provision of this Agreement to the contrary, if the Company has met all of its obligations under this Agreement (and the Insurance Agreement, if applicable) with respect to obtaining and maintaining in force (i) the Life Insurance Policy described in Section 6.02 hereof on the life of Employee to fund the Death Benefit or (ii) the Supplemental Disability Policy maintained for Employee pursuant to Section 6.03 hereof to fund such Employee's ’s Disability Benefit, but all or any portion of the proceeds under any such policy are not actually received by the Company Employee for any reason whatsoever, including without limitation the insolvency of the insurer or any misrepresentation made by Employee in the application for such insurance, then the right of Employee or his her designated beneficiary to receive a Disability Benefit or a Death Benefit, as the case may be, shall be reduced (but not below zero) by the amount by which the Disability Benefit or Death Benefit otherwise payable exceeds the insurance proceeds actually received.

Appears in 1 contract

Samples: Employment Agreement (Afc Enterprises Inc)

AutoNDA by SimpleDocs

Paramount Provisions. (a) Notwithstanding anything in Sections 6.02 and 6.03 above or any other provision of this Agreement to the contrary, if the Company has met all of its obligations under this Agreement (and the Insurance Agreement, if applicable) with respect to obtaining and maintaining in force (i) the Life Insurance Policy described in Section 6.02 hereof on the life of Employee to fund the Death Benefit or (ii) the Supplemental Disability Policy maintained for Employee pursuant to Section 6.03 hereof to fund such Employee's Disability Benefit, but all or any portion of the proceeds under any such policy are not actually received by the Company for any reason whatsoever, including without limitation the insolvency of the insurer or any misrepresentation made by Employee in the application for such insurance, then the right of Employee or his her designated beneficiary to receive a Disability Benefit or a Death Benefit, as the case may be, shall be reduced (but not below zero) by the amount by which the Disability Benefit or Death Benefit otherwise payable exceeds the insurance proceeds actually received.

Appears in 1 contract

Samples: Employment Agreement (Afc Enterprises Inc)

Paramount Provisions. (a) Notwithstanding anything in Sections 6.02 and 6.03 above or any other provision of this Agreement to the contrary, if the Company has met all of its obligations under this Agreement (and the Insurance Agreement, if applicable) with respect to obtaining and maintaining in force (i) the Life Insurance Policy described in Section 6.02 hereof on the life of Employee to fund the Death Benefit or (ii) the Supplemental Disability Policy maintained for Employee pursuant to Section 6.03 hereof to fund such Employee's ’s Disability Benefit, but all or any portion of the proceeds under any such policy are not actually received by the Company Employee for any reason whatsoever, including without limitation the insolvency of the insurer or any misrepresentation made by Employee in the application for such insurance, then the right of Employee or his designated beneficiary to receive a Disability Benefit or a Death Benefit, as the case may be, shall be reduced (but not below zero) by the amount by which the Disability Benefit or Death Benefit otherwise payable exceeds the insurance proceeds actually received.

Appears in 1 contract

Samples: Employment Agreement (Afc Enterprises Inc)

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