Common use of Payments to Executive Clause in Contracts

Payments to Executive. If Executive's employment is terminated (a) Upon a Change in Control, for any reason upon delivery of notice to the Employer within a 12 month period after the occurrence of a Change in Control; (b) for Good Reason pursuant to Section 1(c)(iv); or (c) if the Employer terminates the Executive Without Cause after a Change in Control, then, in addition to other rights and remedies available in law or equity, the Executive shall be entitled to the following (i) the Employer shall pay the Executive in cash within 15 days of such termination date any sums due him as base salary and/or reimbursement of expenses through the date of such termination, plus any bonus earned or accrued under the Bonus Plan through the date of termination (including any amounts awarded for previous years but which were not yet vested) and a pro rata share of any bonus with respect to the current fiscal year which had been earned as of the date of the Executive's termination (and any forfeiture in other restrictive provisions applicable to each award shall not apply); and (ii) the Employer shall pay the Executive in cash within 15 days of such termination date one lump sum payment in an amount equal to the sum of (1) the Executive's then current annual base salary, and (2) the average bonuses paid to Executive during the three preceding fiscal years.

Appears in 2 contracts

Samples: Salary Continuation Agreement (Coastal Banking Co Inc), Salary Continuation Agreement (Coastal Banking Co Inc)

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Payments to Executive. If Executive's ’s employment is terminated (a) Upon a Change in Control, for any reason upon delivery of notice to the Employer within a 12 month period after the occurrence of a Change in Control; (b) for Good Reason pursuant to Section 1(c)(ivl(c)(iv); or (c) if the Employer terminates the Executive Without Cause after a Change in Control, then, in addition to other rights and remedies available in law or equity, the Executive shall be entitled to the following (i) the Employer shall pay the Executive in cash within 15 days of such termination date any sums due him as base salary and/or reimbursement of expenses through the date of such termination, plus any bonus earned or accrued under the Bonus Plan through the date of termination (including any amounts awarded for previous years but which were not yet vested) and a pro rata share of any bonus with respect to the current fiscal year which had been earned as of the date of the Executive's ’s termination (and any forfeiture in other restrictive provisions applicable to each award shall not apply); and (ii) the Employer shall pay the Executive in cash within 15 days of such termination date one lump sum payment in an amount equal to the sum of (1) the Executive's ’s then current annual base salary, and (2) the average bonuses paid to Executive during the three preceding fiscal years.

Appears in 2 contracts

Samples: Salary Continuation Agreement (First Capital Bank Holding Corp), Salary Continuation Agreement (First Capital Bank Holding Corp)

Payments to Executive. If Executive's ’s employment is terminated (a) Upon a Change in Control, for any reason upon delivery of notice to the Employer within a 12 month period after the occurrence of a Change in Control; (b) for Good Reason pursuant to Section 1(c)(iv); or (c) if the Employer terminates the Executive Without Cause after a Change in Control, then, in addition to other rights and remedies available in law or equity, the Executive shall be entitled to the following (i) the Employer shall pay the Executive in cash within 15 days of such termination date any sums due him as base salary and/or reimbursement of expenses through the date of such termination, plus any bonus earned or accrued under the Bonus Plan through the date of termination (including any amounts awarded for previous years but which were not yet vested) and a pro rata share of any bonus with respect to the current fiscal year which had been earned as of the date of the Executive's ’s termination (and any forfeiture in other restrictive provisions applicable to each award shall not apply); and (ii) the Employer shall pay the Executive in cash within 15 days of such termination date one lump sum payment in an amount equal to the sum of (1) the Executive's ’s then current annual base salary, and (2) the average bonuses paid to Executive during the three preceding fiscal years.

Appears in 1 contract

Samples: Salary Continuation Agreement (Coastal Banking Co Inc)

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Payments to Executive. If Executive's ’s employment is terminated (a) Upon a Change in Control, for any reason upon delivery of notice to the Employer within a 12 month period after the occurrence of a Change in Control; (b) for Good Reason pursuant to Section 1(c)(iv); or (c) if the Employer terminates the Executive Without Cause after a Change in Control, then, in addition to other rights and remedies available in law or equity, the Executive shall be entitled to the following (i) the Employer shall pay the Executive in cash within 15 days of such termination date any sums due him as base salary and/or reimbursement of expenses through the date of such termination, termination plus any bonus earned or accrued under the Bonus Plan through the date of termination (including any amounts awarded for previous years but which were not yet vested) and a pro rata share of any bonus with respect to the current fiscal year which had been earned as of the date of the Executive's ’s termination (and any forfeiture in other restrictive provisions applicable to each award shall not apply); and (ii) the Employer shall pay the Executive in cash within 15 days of such termination date one lump sum payment in an amount equal to the sum of (1) the Executive's ’s then current annual base salary, and (2) the average bonuses paid to Executive during the three preceding fiscal years.

Appears in 1 contract

Samples: Salary Continuation Agreement (Coastal Banking Co Inc)

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