Common use of Preconditions to Severance and Change in Control Benefits / Timing of Benefits Clause in Contracts

Preconditions to Severance and Change in Control Benefits / Timing of Benefits. As a condition to Executive’s receipt of any benefits described in Section 2, Executive shall execute and allow to become effective a general release of claims in substantially the form attached hereto and, if requested by the Company’s Board of Directors, must immediately resign as a member of the Company’s Board of Directors and as a member of the board of directors of any subsidiaries of the Company. Executive must execute and return the release on or before the date specified by the Company, which will in no event be later than 50 days after Executive’s employment terminates. If Executive fails to return the release by the deadline or if Executive revokes the release, then Executive will not be entitled to the benefits described in this section 2. All such benefits will be paid or provided within 60 days after Executive’s Termination Without Cause or Involuntary Termination, as applicable, or if later on the date a Change in Control occurs. If such 60 day period spans calendar years, then payment will in any event be made in the second calendar year.

Appears in 6 contracts

Samples: Severance and Change in Control Agreement (Coupa Software Inc), Severance and Change in Control Agreement (Coupa Software Inc), Severance and Change in Control Agreement (Coupa Software Inc)

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Preconditions to Severance and Change in Control Benefits / Timing of Benefits. As a condition to Executive’s receipt of any benefits described in Section 2, Executive shall execute and allow to become effective a general release of claims in substantially the form attached hereto provided by the Company, comply with Executive’s continuing obligations (including the return of Company property) to the Company, and, if requested by the Company’s Board of Directors, must immediately resign from all positions Executive holds with the Company, including as a member of the Company’s Board of Directors and as a member of the board of directors of any subsidiaries of the Company. Executive must execute and return the release on or before the date specified by the Company, which will in no event be later than 50 days after Executive’s employment terminates. If Executive fails to return the release by the deadline or if Executive revokes the release, then Executive will not be entitled to the benefits described in this section 2. All such benefits will be paid provided, or provided such payments will commence, within 60 days after Executive’s Termination Without Cause or Involuntary Termination, as applicable, or if later on the date a Change in Control occurs. If such 60 60-day period spans two calendar years, then payment payments or benefits will in any event be made or begin in the second calendar year.

Appears in 4 contracts

Samples: Change in Control and Severance Agreement (Oaktree Acquisition Corp.), Change in Control and Severance Agreement (Oaktree Acquisition Corp.), Change in Control and Severance Agreement (Hims & Hers Health, Inc.)

Preconditions to Severance and Change in Control Benefits / Timing of Benefits. As a condition to Executive’s receipt of any benefits described in Section 2, Executive shall execute and allow to become effective a general release of claims in substantially the form attached hereto provided by the Company (the “Release”), comply with Executive’s continuing obligations (including the return of Company property) to the Company, and, if requested by the Company’s Board of Directors, must immediately resign from all positions Executive holds with the Company, including as a member of the Company’s Board of Directors and as a member of the board of directors of any subsidiaries of the CompanyManaging Director. Executive must execute and return the release Release on or before the date specified by the Company, which will in no event be later than 50 days after Executive’s employment terminates. If Executive fails to return the release Release by the deadline or if Executive revokes the releaseRelease, then Executive will not be entitled to the benefits described in this section Section 2. All such benefits will be paid or provided within 60 days after Executive’s Involuntary Termination Without Cause or Involuntary Terminationor, as applicableif later, or if later on the date a Change in Control occurs. If such 60 day period spans two calendar years, then payment will in any event be made in the second calendar year.

Appears in 1 contract

Samples: Severance and Change in Control Agreement (ChargePoint Holdings, Inc.)

Preconditions to Severance and Change in Control Benefits / Timing of Benefits. As a condition to Executive’s receipt of any benefits described in Section 2, Executive shall execute and allow to become effective a general release of claims in substantially the form attached hereto hereto, comply with the Executive’s continuing obligations (including the return of Company property) to the Company, and, if requested by the Company’s Board of Directors, must immediately resign from all positions Executive holds with the Company, including as a member of the Company’s Board of Directors and as a member of the board of directors of any subsidiaries of the Company. Executive must execute and return the release on or before the date specified by the Company, which will in no event be later than 50 days after Executive’s employment terminates. If Executive fails to return the release by the deadline or if Executive revokes the release, then Executive will not be entitled to the benefits described in this section 2. All such benefits will be paid or provided within 60 days after Executive’s Involuntary Termination Without Cause or Involuntary Termination, as applicable, or if later on the date a Change in Control occurs. If such 60 day period spans calendar years, then payment will in any event be made in the second calendar year.

Appears in 1 contract

Samples: Severance and Change in Control Agreement (ChargePoint Holdings, Inc.)

Preconditions to Severance and Change in Control Benefits / Timing of Benefits. As a condition to Executive’s receipt of any benefits described in Section 2, Executive shall execute and allow to become effective a the Company’s then-standard general release of claims in substantially claims, comply with the form attached hereto Executive’s continuing obligations (including the return of Company property) to the Company, and, if requested by the Company’s Board of Directors, must immediately resign from all positions Executive holds with the Company, including as a member of the Company’s Board of Directors and as a member of the board of directors of any subsidiaries of the Company. Executive must execute and return the release on or before the date specified by the Company, which will in no event be later than 50 days after Executive’s employment terminates. If Executive fails to return the release by the deadline or if Executive revokes the release, then Executive will not be entitled to the benefits described in this section Section 2. All such benefits will be paid or provided within 60 days after Executive’s Termination Without Cause or Involuntary Termination, as applicable, or if later on the date a Change in Control occurs. If such 60 day period spans calendar years, then payment will in any event be made in the second calendar year.

Appears in 1 contract

Samples: Executive Severance and Change in Control Agreement (ContextLogic Inc.)

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Preconditions to Severance and Change in Control Benefits / Timing of Benefits. As a condition to Executive’s receipt of any benefits described in Section 2, Executive shall execute and allow to become effective a general release of claims in substantially the form attached hereto provided by the Company, comply with the Executive’s continuing obligations (including the return of Company property) to the Company, and, if requested by the Company’s Board of Directors, must immediately resign from all positions Executive holds with the Company, including as a member of the Company’s Board of Directors and as a member of the board of directors of any subsidiaries of the Company. Executive must execute and return the release on or before the date specified by the Company, which will in no event be later than 50 days after Executive’s employment terminates. If Executive fails to return the release by the deadline or if Executive revokes the release, then Executive will not be entitled to the benefits described in this section 2. All such benefits will be paid provided, or provided such payments will commence, within 60 days after Executive’s Termination Without Cause or Involuntary Termination, as applicable, or if later on the date a Change in Control occurs. If such 60 60-day period spans two calendar years, then payment payments or benefits will in any event be made or begin in the second calendar year.

Appears in 1 contract

Samples: Change in Control and Severance Agreement (Oaktree Acquisition Corp.)

Preconditions to Severance and Change in Control Benefits / Timing of Benefits. As a condition to Executive’s receipt of any benefits described in Section 2, Executive shall execute and allow to become effective a the Company’s then-standard general release of claims in substantially claims, comply with the form attached hereto Executive’s continuing obligations (including the return of Company property) to the Company, and, if requested by the Company’s Board of Directors, must immediately resign from all positions Executive holds with the Company, including as a member of the Company’s Board of Directors and as a member of the board of directors of any subsidiaries of the CompanyDirectors. Executive must execute and return the release on or before the date specified by the Company, which will in no event be later than 50 days after Executive’s employment terminates. If Executive fails to return the release by the deadline or if Executive revokes the release, then Executive will not be entitled to the benefits described in this section Section 2. All such benefits will be paid or provided within 60 days after Executive’s Termination Without Cause or Involuntary Termination, as applicable, or if later on the date a Change in Control occurs. If such 60 day period spans calendar years, then payment will in any event be made in the second calendar year.

Appears in 1 contract

Samples: Control Agreement (ContextLogic Inc.)

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