Common use of Term Clause in Contracts

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period.”

Appears in 6 contracts

Samples: Employment Agreement (FTT Holdings, Inc.), Employment Agreement (FTT Holdings, Inc.), Employment Agreement (FTT Holdings, Inc.)

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Term. Subject to Section 3 hereof, The Employee’s term of employment with the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to under this Employment Agreement, for a period commencing Agreement shall commence on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date and extend until the fourth anniversary thereof ( the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”) . Each additional one-year Renewal , provided that the Term shall automatically be added extended for successive one year periods thereafter, unless at least six months prior to the commencement of any such one year period, either party provides written notice to the other (a “Notice of Non-Renewal”) that the Term shall not be so extended. The Term shall end of prior to the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given thereof pursuant to the preceding sentence. The Executive sentence if the Employee’s period of employment is terminated pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period Section 10.

Appears in 6 contracts

Samples: Employment Agreement (Cke Restaurants Inc), Employment Agreement (Aeroways, LLC), Employment Agreement (Cke Restaurants Inc)

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and the Executive agrees to The initial term of employment under this Agreement shall be employed by the Company, in each case pursuant to this Employment Agreement, for a three-year period commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”) ; provided, however, that the period . The term of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one an additional consecutive 12-month period (the “Extended Term”) on the first anniversary of the Effective Date and each subsequent anniversary of the Effective Date, unless and until the Company or Executive provides written notice to the other party in accordance with Section 11 hereof not less than 90 days before such anniversary date that such party is electing not to extend the term of employment under this Agreement (“Non- year periods thereafter (each, a “Renewal Term Renewal”), in each which case unless either party hereto provides the other party hereto with written notice that such period term of this Agreement shall not be so extended at least thirty (30) days in advance end as of the expiration end of the such Initial Term or the then-current Renewal Extended Term, as applicable ( the case may be, unless sooner terminated as hereinafter set forth. Such Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be all such Extended Terms are collectively referred to herein as the “Employment Period.”

Appears in 6 contracts

Samples: Employment Agreement (LVB Acquisition, Inc.), Employment Agreement (Implant Innovations Holdings, LLC), Employment Agreement (Biomet Leasing, Inc.)

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing This Agreement shall commence on the Closing Effective Date (as defined in the Merger Agreement) (the “Effective Date” below) and ending shall expire on the fifth twenty-four (24) month anniversary of the Effective Date (the “Initial Term”) ; provided , however, that the period of the Executive’s employment unless terminated earlier pursuant to this Employment Agreement the provisions of Section 8 hereof. The term of employment shall be renewed automatically extended for successive one- periods of one (1) year periods thereafter (each, a “Renewal Term” ), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30 ) days in advance of after the expiration of the Initial Term, unless the Company provides Employee, or Employee provides the Company, with written notice to the contrary at least one hundred twenty (120) calendar days prior to the end of the Initial Term or the then-current any Renewal Term . For the avoidance of doubt, as applicable ( this Agreement shall remain in effect during the Renewal Term unless terminated earlier pursuant to the provisions of Section 8 hereof. The Initial Term and any Renewal Term, collectively, Terms are collectively referred to herein as the “Term .” For purposes of this Agreement, “Effective Date” shall mean the Closing Date, as such term is defined in the Agreement and Plan of Merger by and among Medley Management Inc., Sierra Income Corporation, and Sierra Management, Inc., dated as of August 9, 2018 (the “Merger Agreement”) . Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period .

Appears in 6 contracts

Samples: Employment Agreement (Sierra Income Corp), Employment Agreement (Sierra Income Corp), Employment Agreement (Sierra Income Corp)

Term. Subject to renewal and other provisions as hereinafter set forth in this Section 3 hereof 2, the Company agrees to employ term of the Executive , and ’s employment with the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing Company shall commence on the Closing Effective Date (as defined in and shall continue through the Merger Agreement) (the “Effective Date”) and ending on the fifth second annual anniversary of the Effective Date (the “Initial Term”) ; provided , however, that unless sooner terminated in accordance with the period of the Executive’s employment pursuant to this Employment Agreement terms and provisions hereinafter set forth. The Initial Term shall be automatically renewed and extended for a period of twelve (12) months commencing on the first annual anniversary of the Effective Date and on each successive one-year periods annual anniversary thereafter on the same terms and conditions contained herein in effect as of the time of renewal ( each, a the Renewal Extended Term”), in each case unless either party hereto provides Party shall give the other party hereto with Party written notice that such period shall not be so extended notice, at least thirty sixty ( 30 60) days in advance prior to the first annual anniversary of the expiration Effective Date of this Agreement (or, if previously renewed and extended, at least sixty (60) days prior to any succeeding annual anniversary), of the notifying Party’s desire not to renew this Agreement. The non-renewal or non-extension of this Agreement by either Party at the end of the Initial Term or the then-current Renewal Term, as applicable any Extended Term ( the Initial Term and any Renewal Term, collectively hereinafter, the “Term ”) ,” unless otherwise indicated) shall not be deemed a termination by the Company without Cause (as such term is defined below) and the Executive shall only receive those amounts set forth in Section 5.4 in such circumstances. Each additional one-year Renewal Term shall be added The Executive shall, unless requested otherwise by the Company, remain in the employ of the Company during the entirety of the remaining Term. Notwithstanding any other provision of this Section 2 to the end of contrary, in no event shall the next scheduled expiration date of Term extend beyond the Initial Term or Renewal Term Executive’s “normal retirement age” under the U.S. Social Security Act, as applicable, as of the first day after the last date on which notice may be given pursuant amended from time to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period time.

Appears in 5 contracts

Samples: Employment Agreement (Lufkin Industries Inc), Employment Agreement (Lufkin Industries Inc), Employment Agreement (Lufkin Industries Inc)

Term. Subject to Section 3 hereof, The Executive’s employment with the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to the terms of this Employment Agreement Agreement shall be effective as of July 1, for a period commencing on the Closing Date (as defined in the Merger Agreement) 2014 (the “Effective Date” ), and, unless the Executive’s employment with the Company is terminated earlier pursuant to Section 5 of this Agreement, shall continue until the third (3rd) and ending on the fifth anniversary of the Effective Date Date, subject to extension by mutual agreement in writing (the “ Initial Employment Term”); provided, however, that if during the period of Employment Term a Change in Control (as defined in Section 5.4) occurs, the Executive’s employment pursuant to this Employment Agreement Term shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides to the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance later of the expiration of the Initial then current Employment Term or the then-current Renewal Term, as applicable ( expiration of the Initial Term and any Renewal Term, collectively Change in Control Period at which time it will terminate. For purposes of this Agreement, the “ Term”). Each additional one Change in Control Period” shall mean the twenty- year Renewal Term shall be added to four (24) month period following the end of the next scheduled expiration effective date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period a Change in Control.

Appears in 5 contracts

Samples: Employment Agreement (Seventy Seven Energy Inc.), Employment Agreement (Seventy Seven Energy Inc.), Employment Agreement (Seventy Seven Energy Inc.)

Term. Subject to Section 3 hereof, The Term of this Agreement shall commence as of the Company agrees to employ Effective Date and shall continue until the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth first anniversary of the Effective Date ( the “Initial Term”) ; provided , however unless sooner terminated as provided under Section 4, that the period of the Executive’s employment pursuant to this Employment Agreement and shall automatically be automatically extended for successive one- one (1) year periods thereafter ( each, a “Renewal Term Periods ) ) until the Scheduled Retirement Date, in each case unless either party hereto provides delivers notice of non-renewal to the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of prior to the expiration end of the Initial Term or any Renewal Period then in effect, or unless sooner terminated under Section 4. Unless sooner terminated hereunder, the then contract shall terminate upon the first day of January following the year in which the Executive attains age sixty- current Renewal Term, as applicable eight (68) (the “Scheduled Retirement Date”). If the Executive continues employment after the Scheduled Retirement Date such employment shall no longer be subject to the terms of this Agreement but shall continue on an “at-will” basis and/or subject to such terms and conditions as the parties may mutually agree at such time. The Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term Period(s) shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter collectively be referred to as the “ Employment Period Term”. For purposes of this Agreement, the “Completion Date” shall be defined as the Executive’s actual final date of employment and shall coincide with the Executive’s “Separation from Service” as such term is defined in Section 8.12.

Appears in 5 contracts

Samples: Employment Agreement (Osi Systems Inc), Employment Agreement (Osi Systems Inc), Employment Agreement (Osi Systems Inc)

Term. Subject to Section 3 hereof, the Company agrees to employ the The initial term of Executive , and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing 's employment hereunder shall begin on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date and last until December 31, 2006 (the “Initial Term” "Expiration Date") ; , unless sooner terminated in accordance with the other provisions hereof. Except as hereinafter provided, however on the Expiration Date and on each subsequent anniversary thereof, that the period of the Executive’s employment pursuant to this Employment Agreement Term (as hereinafter defined) shall be automatically extended for successive one- one year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides shall have given to the other party hereto with written notice that such period shall not be so extended of non-renewal of this Agreement at least thirty (30) 120 days in advance of prior to the expiration of the Initial Term. The initial term of employment hereunder and each Term or as extended is a "Term." If a non-renewal notice is given as provided above, Executive's employment under this Agreement shall terminate on the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end last day of the next scheduled expiration date of the Initial Term or Renewal Term , as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period .

Appears in 5 contracts

Samples: Pennsylvania Real Estate Investment Trust, Pennsylvania Real Estate Investment Trust, Pennsylvania Real Estate Investment Trust

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to The initial term of employment under this Employment Agreement, for a period commencing Agreement shall commence on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date and continue until December 31, 2014 (the “Initial Term”) ; provided . The term of employment shall be automatically extended for an additional consecutive twelve (12)-month period (the “Extended Term”) on January 1, however 2015 and each subsequent January 1, unless and until the Company or the Executive provides written notice to the other party in accordance with Section 13 hereof not less than sixty (60) days before such anniversary date that such party is electing not to extend the term of employment under this Agreement (“Non-Renewal”), in which case the term of employment hereunder shall end as of the end of such Initial Term or Extended Term, as the case may be, unless sooner terminated as hereinafter set forth. The period of time between the Effective Date and the termination of the Executive’s employment pursuant to this Employment Agreement hereunder shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period.”

Appears in 5 contracts

Samples: Employment Agreement (Chemtura CORP), Employment Agreement (Chemtura CORP), Employment Agreement (Chemtura CORP)

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to The initial term of this Employment Agreement, Agreement shall be for a period commencing on the Closing Effective Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary December 31, 2010. The initial term and any automatic renewal as provided below in this Section, subject to any earlier termination of the Effective Date ( employment as provided for under Section 7, is referred to herein as the “ Initial Term ”); provided, however, that .” Unless the period of the Executive’s parties hereto enter into a new employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless agreement or either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance notice of its desire to not to renew this Employment Agreement before the expiration of the Initial Term (or any continuous subsequent one year renewal term), in the then-current Renewal event that Executive’s employment continues after the expiration of the Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred continue in effect from year to as year thereafter for successive one year renewal periods upon expiration of the “Employment Period Term.

Appears in 5 contracts

Samples: Employment Agreement (Duff & Phelps CORP), Employment Agreement (Duff & Phelps CORP), Employment Agreement (Duff & Phelps CORP)

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing This Agreement shall commence on the Closing Effective Date (as defined in the Merger Agreement) (the “Effective Date” below) and ending shall expire on the fifth twenty-four (24) month anniversary of the Effective Date (the “Initial Term”) ; provided , however, that the period of the Executive’s employment unless terminated earlier pursuant to this Employment Agreement the provisions of Section 8 hereof. The term of employment shall be renewed automatically extended for successive one- periods of one (1) year periods thereafter (each, a “Renewal Term” ), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30 ) days in advance of after the expiration of the Initial Term, unless the Company provides Employee, or Employee provides the Company, with written notice to the contrary at least one hundred twenty (120) calendar days prior to the end of the Initial Term or the then-current any Renewal Term . For the avoidance of doubt, as applicable ( this Agreement shall remain in effect during the Renewal Term unless terminated earlier pursuant to the provisions of Section 8 hereof. The Initial Term and any Renewal Term, collectively, Terms are collectively referred to herein as the “Term .” For purposes of this Agreement, “Effective Date” shall mean the Closing Date, as such term is defined in the Amended and Restated Agreement and Plan of Merger by and among Medley Management Inc., Sierra Income Corporation, and Sierra Management, Inc., dated as of July 29, 2019 (the “Merger Agreement”) . Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period .

Appears in 5 contracts

Samples: Employment Agreement (Sierra Income Corp), Employment Agreement (Sierra Income Corp), Employment Agreement (Sierra Income Corp)

Term. Subject (a) The term of Executive’s employment under this Agreement shall be effective as of the day prior to Section 3 hereof, the pricing date of the initial public offering (the “IPO”) for the sale of equity securities of the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on an effective Registration Statement filed under the Closing Date (as defined in the Merger Agreement) Securities Act of 1933 (the “Effective Date” ) ), and ending on shall continue until the fifth three (3)-year anniversary of the Effective Date (the “Initial Term Expiration Date ), provided that on the Initial Expiration Date and each subsequent anniversary of the Initial Expiration Date, the term of Executive’s employment under this Agreement shall be extended for one (1) additional year unless either party provides written notice to the other party at least ninety (90) days prior to the Initial Expiration Date (or any such anniversary, as applicable) that Executive’s employment hereunder shall not be so extended (in which case, Executive’s employment under this Agreement shall terminate on the Initial Expiration Date or expiration of the extended term, as applicable); provided, however, that the period of the Executive’s employment pursuant to under this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given terminated at any time pursuant to the preceding sentence provisions of Section 5. The period of time from the Effective Date through the termination of this Agreement and Executive’s period of employment hereunder pursuant to this Employment Agreement shall hereinafter be its terms is herein referred to as the “ Employment Period Term”; and the date on which the Term is scheduled to expire (i.e., the Initial Expiration Date or the scheduled expiration of the extended term, if applicable) is herein referred to as the “Expiration Date. ” Notwithstanding anything contained herein to the contrary, if upon the effective date of a Change in Control, the Expiration Date is less than two (2) years from the date of such Change in Control, the Term shall automatically be renewed so that the Expiration Date is two (2) years from the effective date of such Change in Control.(b) Executive agrees and acknowledges that the Company has no obligation to extend the Term or to continue Executive’s employment following the Expiration Date, and Executive expressly acknowledges that no promises or understandings to the contrary have been made or reached. Executive also agrees and acknowledges that, should Executive and the Company choose to continue Executive’s employment for any period of time following the Expiration Date without extending the term of Executive’s employment under this Agreement or entering into a new written employment agreement, Executive’s employment with the Company shall be “at will,” such that the Company may terminate Executive’s employment at any time, with or without reason and with or without notice, and Executive may resign at any time, with or without reason and with or without notice (for the sake of clarity, the provisions of this Agreement shall not apply following the expiration of the Term (except as otherwise expressly provided herein)).

Appears in 4 contracts

Samples: Virtu Financial, Inc., Virtu Financial, Inc., Virtu Financial, Inc.

Term. Subject JDI agrees to Section 3 hereof, the Company agrees continue to employ the Executive Employee, and the Executive Employee hereby agrees to be employed by work in the Company employ of JDI, in each case pursuant subject to the terms and conditions of this Employment Agreement, for a the two year period commencing on the Closing Date (as defined in the Merger Agreement) date hereof (the “Effective Date”) and ending on the fifth anniversary of the Effective Date September 14, 2010 (the “Initial Term”) ; provided , however, that the period of the Executive’s employment unless earlier terminated pursuant to this Employment Agreement Article III. The Initial Term shall be extended automatically extended for successive by annual one-year periods thereafter commencing on the second anniversary date of the Initial Term ( each, each a “Renewal Term” ), in each case ) unless either party hereto provides JDI or the other party hereto with Employee gives written notice that such period shall not be so extended at least thirty sixty ( 30 60) days in advance of prior to the expiration end of the Initial Term or any Renewal Term of intent not to extend the then-current Agreement. All terms and conditions of this Agreement shall remain in effect during one or more Renewal Term, as applicable (the Terms. The Initial Term and together with any Renewal Term, collectively, Term(s) shall be referred to herein as the “Term ”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period .”

Appears in 4 contracts

Samples: Employment Agreement (Johnsondiversey Holdings Inc), Employment Agreement (Johnsondiversey Holdings Inc), Employment Agreement (Johnsondiversey Holdings Inc)

Term. Subject to Section 3 hereof the terms and conditions of this Agreement, the Company agrees to employ the Executive, and the Executive agrees to be employed Employee’s employment by the Company, in each case pursuant to this Employment Agreement, Company shall be for a period term of three years, commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) date hereof and ending expiring on the fifth anniversary close of the Effective Date business on February 10, 2008 (the “Initial Term”) ; provided, however, that . After the period expiration of the Executive Initial Term, Employee’s term of employment pursuant to this Employment Agreement by the Company shall be automatically extended continue for successive one-year periods thereafter (each, a “Renewal Term”), in each case terms unless and until either party hereto provides shall give to the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in days’ advance written notice (“Notice of the Termination”) of their intent to terminate employment prior to expiration of the Initial Term or the then-current Renewal Term, as applicable term (the Initial Term and any Renewal Term the period, collectively if any, thereafter, during which the Employee’s employment shall continue are collectively referred to as the “Term”). Each additional one-year Renewal Term Such Notice of Termination shall specify the date of expiration (which, subject to paragraph 6 hereof, may not be added to earlier than the end of the next scheduled expiration date Initial Term). The Company shall have the right at any time during any such 30 day notice period to relieve the Employee of his office, duties and responsibilities and to place him on a paid leave-of-absence status; provided, that during such notice period the Employee shall remain an employee of the Initial Term or Renewal Term, Company and shall continue to receive his salary and other benefits as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to provided in this Employment Agreement shall hereinafter be referred to as the “Employment Period Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Verticalbuyer Inc), Employment Agreement (Verticalbuyer Inc), Employment Agreement (Verticalbuyer Inc)

Term. Subject to Section 3 hereof, the The Company agrees to employ the Executive, Executive and the Executive agrees to be employed by accept employment with the Company, in each case pursuant to this Employment Agreement, Company for a period commencing on the Closing Date term ( as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term” ) ) commencing on the date hereof and continuing through the one year anniversary of this Agreement, unless earlier terminated pursuant to Section 6 below. Each additional one-year Renewal Term shall be added to At the end of the next initial Term or any renewal Term, the Term shall be automatically renewed for successive one year periods at each otherwise scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of unless either the first day after the last date on which Company or Executive objects (in their respective sole discretion) to such renewal by providing sixty (60) days’ prior written notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period other party.

Appears in 4 contracts

Samples: Employment Agreement (Predictive Technology Group, Inc.), Employment Agreement (Predictive Technology Group, Inc.), Employment Agreement (Predictive Technology Group, Inc.)

Term. Subject to Section 3 hereof, the The Company hereby agrees to employ the Executive, and the Executive hereby agrees to be employed by serve the Company Company and the Partnership, in each case pursuant subject to the terms and conditions of this Employment Agreement, for a the period commencing on the Closing Effective Date (as defined in the Merger Agreement) and ending on December 31, 2016 (the “ Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Original Term”) ; provided, however, that . Upon the period expiration of the Executive’s employment pursuant to Original Term and on each anniversary thereafter (each an “Extension Date”), the term of this Employment Agreement shall be extended automatically extended for successive one- one (1) year periods thereafter ( each such extension period, a the “Renewal Term”), in each case unless either party hereto the Company or the Executive provides a Notice of Termination (as defined below) at least three (3) months prior to the other party hereto with written notice Extension Date that such period this Agreement shall not be so extended at least thirty (30) days in advance of prior to the expiration of applicable Extension Date. Unless the Initial Term or Executive is terminated earlier pursuant to Section 3, the then-current Renewal Term, as applicable (the Initial Original Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as Terms will constitute the “Employment Period. ” In the event that the Merger Agreement is terminated or the Effective Date does not occur, this agreement shall be null and void ab initio.

Appears in 4 contracts

Samples: Employment Agreement (Cole Credit Property Trust III, Inc.), Employment Agreement (Cole Credit Property Trust III, Inc.), Employment Agreement (Cole Credit Property Trust III, Inc.)

Term. Subject to Section 3 hereof, the The Company agrees shall continue to employ the Executive, and Executive accepts such continued employment, on the Executive agrees to be employed by terms and conditions set forth in this Agreement. The “Initial Term” of this Agreement is the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Effective Date and expiring at the earlier to occur of ( as defined in the Merger Agreement a) (the “Effective Date”) and ending 11:59 p.m. on the fifth first anniversary of the Effective Date (the “ Initial Term Expiration Date ) or (b) the Termination Date (as defined in Section 4); provided, however, that that, if the period Termination Date has not occurred, the term of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended renewed for successive one-year periods the twelve (12) month period immediately following the Expiration Date and each twelve (12) month period ending thereafter (each, a “Renewal Term ” and, together with the Initial Term, the “Term”), in each case unless either party hereto the Company or Executive provides written notice to the other party hereto with written notice that such period shall Party of his or its election not be so extended to renew this Agreement at least thirty (30) days in advance prior to the last day of the expiration of the Initial Term or the then-current Renewal Term. Executive’s employment hereunder shall be coterminous with the Term, as applicable ( and termination of Executive’s employment and the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period simultaneous.

Appears in 4 contracts

Samples: Employment Agreement (Eco-Stim Energy Solutions, Inc.), Employment Agreement (Eco-Stim Energy Solutions, Inc.), Employment Agreement (Eco-Stim Energy Solutions, Inc.)

Term. Subject to Section 3 hereof The Executive’s employment hereunder shall be effective as of October 1, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) 2015 (the “Effective Date”) and ending shall continue until the second anniversary thereof, unless terminated earlier pursuant to Section 5 of this Agreement; provided that, on the fifth such second anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods and each annual anniversary thereafter ( each such date and each annual anniversary thereof, a “Renewal Term Date”), in each case the Agreement shall be deemed to be automatically extended, upon the same terms and conditions, for successive periods of one year, unless either party hereto provides the other party hereto with written notice that such period shall of its intention not be so extended to extend the term of the Agreement at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added 90 days’ prior to the end of the next scheduled expiration date of the Initial Term or applicable Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence Date. The Executive’s period of employment pursuant to this Employment Agreement shall during which the Executive is employed by the Company hereunder is hereinafter be referred to as the “Employment Period Term”.

Appears in 4 contracts

Samples: Employment Agreement (Replimune Group, Inc.), Employment Agreement (Replimune Group, Inc.), Employment Agreement (Replimune Group, Inc.)

Term. Subject to Section 3 hereof, The Executive’s employment hereunder shall be effective as of the Company agrees to employ date the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) IPO is effective (the “Effective Date”) and ending shall continue until the third anniversary thereof, unless terminated earlier pursuant to Section 5 of this Agreement; provided that, on the fifth such third anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods and each annual anniversary thereafter ( each such date and each annual anniversary thereof, a “Renewal Term Date”), in each case the Agreement shall be deemed to be automatically extended, upon the same terms and conditions, for successive periods of one year, unless either party hereto provides the other party hereto with written notice that such period shall of its intention not be so extended to extend the term of the Agreement at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added 120 days’ prior to the end of the next scheduled expiration date of the Initial Term or applicable Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence Date. The Executive’s period of employment pursuant to this Employment Agreement shall during which the Executive is employed by the Company hereunder is hereinafter be referred to as the “Employment Period Term.”

Appears in 4 contracts

Samples: Employment Agreement (Kura Sushi Usa, Inc.), Employment Agreement (Kura Sushi Usa, Inc.), Employment Agreement (Kura Sushi Usa, Inc.)

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and the The employment of Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, Agreement shall commence on the date of this Agreement and continue for a one year period commencing on the Closing Date (as defined in the Merger Agreement) thereafter (the “Effective Date”) and ending on "Employment Term"). The Employment Term may be terminated at any time as provided in Section 6 hereof. Unless previously terminated, the fifth anniversary Employment Term shall automatically renew at the end of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended initial term and each subsequent term thereafter for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each an additional one-year Renewal Term shall be added period; provided that, subject to Section 6.A of this Agreement, the Company may elect to terminate this Agreement as of the end of the Employment Term, or any renewal thereof, by written notice to Executive not less than sixty (60) days prior to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period respective term.

Appears in 4 contracts

Samples: High Speed Access Corp, High Speed Access Corp, High Speed Access Corp

Term. Subject to Section 3 hereof, The initial term of Executive’s employment hereunder shall commence as of the Company agrees to employ the Executive, Effective Date and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing shall expire on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on day prior to the fifth anniversary of the Effective Date (the “Initial Term”) ; provided , however, that the period unless sooner terminated as provided herein. The term of the Executive’s employment pursuant to this Employment Agreement shall thereafter be automatically extended for successive one-year periods thereafter ( each each such period, a “Renewal Term” ) ) unless, in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty no later than one hundred and twenty ( 30 120) days in advance of prior to the expiration of the Initial Term or any Renewal Term, one party shall give written notice to the then-current other of his or its intention not to extend, in which event this Agreement, and Executive’s employment hereunder, shall terminate at the end of the Initial Term or Renewal Term, as applicable (the Initial Term and plus any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter collectively be referred to as the “ Employment Period Term”).

Appears in 4 contracts

Samples: Employment Agreement (Las Vegas Sands Corp), Employment Agreement (Las Vegas Sands Corp), Employment Agreement (Las Vegas Sands Corp)

Term. Subject The initial term of employment of Employee by the ---- Company hereunder shall commence upon the date of this Agreement (the "Commencement Date") and end on December 31, 1999, unless extended on terms agreed upon between Employee and the Company (such term being hereinafter referred to Section 3 hereof as the "Employment Period"). Notwithstanding the foregoing, the Company agrees to employ the Executive, and the Executive agrees to Employment Period shall automatically be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive two succeeding one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides Employee or the Company gives notice to the other party hereto with written notice that such period shall not be so extended at least thirty (30) 180 days in advance of but not more than 280 days prior to the expiration of the Initial Term initial Employment Period or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional first one-year Renewal Term extension, as the case may be, of such party's intention not to extend the Employment Period. If such notice is given, the Employment Period shall be added to terminate at the end of the next scheduled expiration date of initial Employment Period or at the Initial Term or Renewal Term, as applicable, as end of the first day after one-year extension, as the last date on which notice case may be. The Employment Period may be given earlier terminated pursuant to the preceding sentence. The Executive’s period provisions of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period Agreement.

Appears in 4 contracts

Samples: Certificate of Incorporation (Physician Support Systems Inc), Certificate of Incorporation (Physician Support Systems Inc), Certificate of Incorporation (Physician Support Systems Inc)

Term. Subject The term of employment under this Agreement (the "Initial Term") shall commence on July 1, 2002 ("Commencement Date") and subject to earlier termination pursuant to Section 3 hereof 7, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing expire on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth third anniversary of the Effective Date (the “Initial Term”) Commencement Date; provided, however, that commencing on the period third anniversary of the Executive’s employment pursuant to Commencement Date, this Employment Agreement shall will automatically be automatically extended renewed for successive one-year periods thereafter ( each, a “Renewal the "Additional Term "), in each case subject to earlier termination pursuant to Section 7, unless either party hereto provides written notice of non-renewal to the other party hereto with written notice that such period shall not be so extended pursuant to Section 15 at least thirty ninety ( 30 90) days in advance of prior to the expiration end of the Initial Term or the then-current Renewal any Additional Term , as applicable (the . The Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Additional Term shall be added referred to under this Agreement as the end of "Term"; provided, however, that if a Change in Control occurs during the next scheduled expiration date of Term (as determined without regard to this clause), then the Initial Term or Renewal Term, as applicable, as shall include the period ending on the second anniversary of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period occurrence of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period a Change in Control.

Appears in 4 contracts

Samples: Initial Agreement (Scottish Annuity & Life Holdings LTD), Initial Agreement (Scottish Annuity & Life Holdings LTD), Initial Agreement (Scottish Annuity & Life Holdings LTD)

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and the Executive agrees to The term of employment under this Agreement shall be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing beginning on the Closing Date (as defined in the Merger Agreement) January 1, 2017 (the “Effective Date”) and ending on the fifth first anniversary thereof, unless sooner terminated as hereinafter set forth; provided that, on such first anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods and on each annual anniversary thereafter ( each such date and each annual anniversary thereof, a “Renewal Term Date”), in each case the Agreement shall be deemed to be automatically extended upon the same terms and conditions (except for such terms and conditions that expire prior to any extension period), for successive periods of one year, unless either party hereto the Company or the Executive provides the other party hereto with written notice that such period shall of its intention not be so extended to extend the term of the Agreement at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added 90 days’ prior to the end of the next scheduled expiration date of the Initial Term or applicable Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence Date. The Executive’s period of employment pursuant to this Employment Agreement shall during which the Executive is employed by AAC hereunder is hereinafter be referred to as the “Employment Period.”

Appears in 4 contracts

Samples: Amended and Restated Employment Agreement (Ambac Financial Group Inc), Amended and Restated Employment Agreement (Ambac Financial Group Inc), Employment Agreement (Ambac Financial Group Inc)

Term. Subject Unless earlier terminated pursuant to the terms of Section 3 7 hereof, the Company agrees to employ the Executive, and the Executive agrees to Employee shall be employed by the Company, in each case pursuant to this Employment Agreement, Company for a the period commencing on as of the Closing Effective Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth third (3rd) anniversary of the Effective Date (the “Initial Term”) ; provided , however subject to automatic renewal periods for up to two additional one (1)-year periods, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with ninety (90) days’ advance written notice that such period shall not be so extended at least thirty (30) days in advance of prior to the expiration end of the Initial Term or the then-current Renewal Term any such renewal period, as applicable applicable, of such party’s intent not to renew (the Initial Term and any Renewal Term, collectively such renewal period, the “Term”). Each additional one-year Renewal Term The “Effective Date” shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant the IPO becomes effective, and notwithstanding anything herein to the preceding sentence. The Executive’s period of employment pursuant to contrary, in the event the IPO does not occur for any reason, this Employment Agreement shall hereinafter be referred to as the “Employment Period deemed null and void.

Appears in 4 contracts

Samples: Employment Agreement (Funko, Inc.), Employment Agreement (Funko, Inc.), Employment Agreement (Funko, Inc.)

Term. Subject Unless sooner terminated pursuant to Section 3 other provisions hereof, the Company Employer agrees to employ Employee in the Executive, and position set forth in Section 2(a) for the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing beginning on the Closing Effective Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth third anniversary of the Effective Date Date, unless earlier terminated as provided in Section 5 (the “Initial Term”) ; provided, however, that the period of the Executive’s . The employment pursuant to this Employment Agreement term hereunder shall automatically be automatically extended for successive one-year periods thereafter ( each “Extension Terms” and, a collectively with the Initial Term, the Renewal Term”), in each case unless either party hereto provides gives written notice of non-extension to the other party hereto with written notice that such period shall not be so extended at least thirty no later than ninety ( 30 90) days in advance of prior to the scheduled expiration of the Initial Term or the then-current Renewal then applicable Extension Term , as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period .

Appears in 4 contracts

Samples: Employment Agreement (Stallion Oilfield Services, Inc.), Employment Agreement (Stallion Oilfield Services, Inc.), Employment Agreement (Stallion Oilfield Services, Inc.)

Term. Subject Unless terminated pursuant to Section 3 6 hereof, the Company agrees to employ the Executive , and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing 's employment hereunder shall commence on the Closing Date (as defined in the Merger Agreement) (the “Effective "Commencement Date ") and shall continue during the period ending on the fifth third anniversary of the Effective Commencement Date (the "Initial Employment Term ”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term” "). Each additional one-year Renewal The Initial Employment Term shall be extended automatically without further action by either party by one additional year (added to the end of the next scheduled expiration date Initial Employment Term) first on the third anniversary of the Commencement Date, and on each succeeding anniversary thereafter, unless, not later than ninety (90) days prior to the end of the Initial Employment Term (or Renewal extension thereof), either the Company or the Executive shall have notified the other in writing of its intention not to renew this Agreement. The Initial Employment Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment together with any extension thereof pursuant to this Employment Agreement Section 2, shall hereinafter be referred to as the "Employment Period Term. "

Appears in 4 contracts

Samples: Amended and Restated Employment Agreement (Medical Staffing Network Holdings Inc), Amended and Restated Employment Agreement (Medical Staffing Network Holdings Inc), Amended and Restated Employment Agreement (Medical Staffing Network Holdings Inc)

Term. Subject to Section 3 hereof Effective as of the Effective Date, the Company agrees to employ the hereby employs Executive, and Executive hereby accepts such employment, on the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement terms and conditions set forth herein, for a the period commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date and continuing until for an initial period of two (2) years (the “Initial Term”) ; provided . Thereafter, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for renew in successive one-year periods thereafter one (1) month terms (each, a “Renewal Term”) . The Initial Term and each Renewal Term, in each case unless either party hereto provides or any portion thereof, are collectively referred to as the other party hereto with written notice that such period shall not “Term.” Notwithstanding the provisions of this Section 1.1, this Agreement may be so extended at least thirty (30) days in advance of terminated prior to the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, Term in accordance with the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period provisions herein.

Appears in 3 contracts

Samples: Employment Agreement (Cross Border Resources, Inc.), Employment Agreement (Cross Border Resources, Inc.), Employment Agreement (Cross Border Resources, Inc.)

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and the Executive agrees to be employed Employee’s employment by the Company, in each case pursuant to Unitek under this Employment Agreement, for a period commencing Agreement shall commence on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date and shall continue for three ( 3) years from the Effective Date, subject to termination in accordance with the provisions of this Agreement. The period of Employee’s employment hereunder shall be referred to herein as the “ Initial Term” ); provided . Additionally, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term, the Agreement will continue, automatically, on a year-to-year basis, unless one party gives the other party written notice of intent not to continue the contract at least one hundred and eighty (180) days before the expiration of the initial Term or the then-current Renewal Term, as applicable (the Initial continued Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period.” then in effect;

Appears in 3 contracts

Samples: Employment Agreement (Berliner Communications Inc), Employment Agreement (Berliner Communications Inc), Employment Agreement (Berliner Communications Inc)

Term. Subject to Section 3 hereof Executive's employment under this Agreement shall commence as of June 1, 2003 (the Company agrees to employ the Executive "Effective Date"), and shall terminate on May 31, 2006 (such date or the Executive agrees last day of employment specified in any renewal or amendment hereof referred to be employed by herein as the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement "Termination Date") (the period commencing as of the Effective Date”) Date and ending as of the Termination Date referred to herein as the "Employment Term"). Commencing on the fifth second anniversary of the Effective Date (the “Initial Term”) and each anniversary thereafter, Executive's Employment Term shall automatically be extended for an additional one-year period; provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides may provide written notice to the other party hereto with written notice that such period shall the Employment Term will not be so extended at least thirty (30) further extended, such notice to be provided not later than 30 days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added prior to the end of the next scheduled expiration date of the Initial Term or Renewal then-current Employment Term , as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period .

Appears in 3 contracts

Samples: Executive Employment Agreement (NBC Capital Corp), Executive Employment Agreement (NBC Capital Corp), Executive Employment Agreement (NBC Capital Corp)

Term. Subject to Section 3 hereof, Executive’s employment under the Company agrees to employ the Executive, terms and the Executive agrees to be employed by the Company, in each case pursuant to conditions of this Employment Agreement, for a period commencing Agreement will commence on the Closing Date Effective Date. The term of this Agreement (the “Term”) shall consist of the “Initial Term” and “Renewal Terms” (as defined below), which, in any case, may be terminated earlier pursuant to Section 5 hereof. The Initial Term of this Agreement shall commence on the Merger Agreement) (the “ Effective Date”) Date and ending end on the fifth anniversary of the Effective Date (the “ Date. The Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement Term shall be automatically extended renew for successive additional one-year periods thereafter ( each each such one-year period, a “Renewal Term”), in each case unless either party hereto provides delivers to the other party hereto with written notice that such period shall not be so extended party, at least thirty ninety ( 30 90) days in advance of prior to the expiration end of the Initial Term or the then-current relevant Renewal Term, as applicable ( a written notice indicating that such party intends not to extend the Initial Term hereof. The delivery by the Company pursuant to this Section 2 of a notice not to extend the Term shall not be deemed a termination of Executive’s employment by the Company without Cause for purposes of this Agreement. If the Term expires, and any Renewal Term Executive is employed by the Company thereafter, collectively such employment shall be “at-will.” Notwithstanding the foregoing provisions of this Section 2, the “Term”). Each additional one-year Renewal Term shall be added Executive will have the right to voluntarily terminate his employment with the end of Company at any time, any such termination being effective on the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which a written notice may be given pursuant thereof is delivered to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period Company, unless otherwise provided herein.

Appears in 3 contracts

Samples: Non Solicitation Agreement (Fortress Investment Group LLC), Non Solicitation Agreement (Fortress Investment Group LLC), Non Solicitation Agreement (Fortress Investment Group LLC)

Term. Subject to Section 3 8 and 9 hereof, the Company agrees to employ the Executive, Executive and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Effective Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth third anniversary of the Effective Date (the “Initial Term”) ; provided, however, that the period of the Executive’s employment pursuant to this Employment . This Agreement shall be will renew automatically extended for successive one- one (1) year periods thereafter (each, a “Renewal Term Period ), in each case ) unless either party hereto provides the other party hereto with written gives notice that such period shall not be so extended of non-renewal at least thirty (30) 90 days in advance of prior to the expiration end of the Initial Term or the then-current Renewal Term Period, as applicable (the Initial Term and any Renewal Term, collectively, Period are collectively referred to as the “Term”). Each additional one-year Renewal Term Period shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term Period, as applicable, as of the first day after the last date day on which notice may be given pursuant to the preceding sentence . The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period .

Appears in 3 contracts

Samples: Employment Agreement (Aerie Pharmaceuticals Inc), Employment Agreement (Aerie Pharmaceuticals Inc), Employment Agreement (Aerie Pharmaceuticals Inc)

Term. Subject to Section 3 hereof earlier termination as hereinafter provided, the Company agrees to employ the Executive , and the Executive agrees to ’s employment hereunder shall be employed by the Company, in each case pursuant to this Employment Agreement, for a period term of three (3) years, commencing on the Closing Date (as defined in the Merger Agreement) (the “ Effective Date ”) and ending , and, on the fifth third anniversary of the Effective Date (the “Initial Term”); provided, however, that the period and each annual anniversary of the Executive’s employment pursuant to this Employment Agreement Effective Date thereafter, shall be automatically extended for successive one- terms of one (1) year periods thereafter ( each, unless either the Company or the Executive provides notice (a “ Non-Renewal Term Notice ), in each case unless either party hereto provides ) to the other party hereto with written notice that such period shall not be so extended at least thirty (30) 90 days in advance of the prior to expiration of the Initial Term original or any extension term that the then-current Renewal Term Executive’s employment hereunder is not to be so extended. The term of this Agreement, as applicable (the Initial Term and any Renewal Term from time to time extended or renewed, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be is hereafter referred to as the term of this Agreement” or Employment Period the term hereof.”

Appears in 3 contracts

Samples: Employment Agreement (Ascend Wellness Holdings, LLC), Employment Agreement (Ascend Wellness Holdings, LLC), Employment Agreement (Ascend Wellness Holdings, LLC)

Term. Subject to earlier termination pursuant to Section 3 hereof 5 of this Agreement, the Company agrees to employ the Executive, this Agreement and the Executive agrees to be employed by employment relationship hereunder shall continue from the Company, in each case pursuant to this Employment Agreement, for a period commencing on Effective Date until the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth third anniversary of the Effective Date (the “Initial Term” ); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement ) and shall be automatically extended renew for successive one- one (1) year periods intervals thereafter (each, a an Renewal Extended Term” ), in each case ) unless either party hereto provides Party shall have given written notice to the other party hereto with written notice that such period shall not be so extended at least thirty sixty ( 30 60) days in advance of prior to the expiration end of the Initial Term or an Extended Term that it does not wish to extend the then-current Renewal Term , as applicable (the Initial Term and any Renewal Term, collectively . As used in this Agreement, the “Term ” shall refer to the period beginning on the Effective Date and ending on the date of expiration of this Agreement, or, if earlier, the date the Executive’s employment terminates in accordance with Section 5 (the “Termination Date”). Each additional one-year Renewal Term shall be added In the event that the Executive’s employment with the Company terminates, the Company’s obligation to continue to pay, after the end of the next scheduled expiration date of the Initial Term or Renewal Term termination, Base Salary (as applicable defined below), Bonus (as of the first day after the last date on which notice defined below) and other unaccrued benefits shall terminate except as may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period provided for in Section 5.

Appears in 3 contracts

Samples: Employment Agreement (Imperial Holdings, Inc.), Employment Agreement (Imperial Holdings, Inc.), Employment Agreement (Imperial Holdings, Inc.)

Term. Subject to earlier termination pursuant to Section 3 hereof 6 of this Agreement, the Company agrees to employ the Executive, this Agreement and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of employment relationship hereunder shall continue from the Effective Date until March 16, 2019 (the “Initial Term” ); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement ) and shall be automatically extended renew for successive one- one (1) year periods intervals thereafter (each, a an Renewal Extended Term” ), in each case ) unless either party hereto provides Party shall have given written notice to the other party hereto with written notice that such period shall not be so extended at least thirty ninety ( 30 90) days in advance of prior to the expiration end of the Initial Term or an Extended Term that it does not wish to extend the then Term (such notice, the “Non- current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively Notice”). As used in this Agreement, the “Term ”). Each additional one-year Renewal Term shall be added refer to the end of period beginning on the next scheduled expiration Effective Date and ending on the date the Executive’s employment terminates in accordance with this Section 3 or Section 6. In the event that the Executive’s employment with the Company terminates, the Company’s obligation to continue to pay, after the date of the Initial Term or Renewal Term termination, Base Salary (as applicable defined below), Bonus (as of the first day after the last date on which notice defined below) and other unaccrued benefits shall terminate except as may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period provided for in Section 6 below.

Appears in 3 contracts

Samples: Employment Agreement (Keane Group, Inc.), Employment Agreement (Keane Group, Inc.), Employment Agreement (Keane Group, Inc.)

Term. Subject to the provisions of Section 3 hereof 6, the Company agrees to employ Employment Period for the Executive 's employment under this Agreement will be three (3) years, beginning on the Effective Date, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended renewed for successive consecutive one-year periods thereafter renewal terms thereafter, unless, not less than sixty ( each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30 60) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added prior to the end of the next scheduled expiration date original term or any renewal term, either party gives the other party written notice of the Initial Term or Renewal Term, as applicable, termination of employment which termination shall be effective as of the first day after end of such original term or renewal term. In the last date on which notice may event of a Change of Control during the original term or any renewal term, the Employment Period for the Executive's employment under this Agreement will be given pursuant automatically extended to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period a three (3) year term.

Appears in 3 contracts

Samples: Stonepath Group Inc, Stonepath Group Inc, Stonepath Group Inc

Term. Subject to Section 3 hereof the provisions of termination as hereinafter provided, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to initial term of this Employment Agreement, for a period commencing Agreement shall begin on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) date hereof and ending shall terminate on the fifth third (3rd) anniversary of the Effective Date date hereof (the “Initial Term”); provided, however, however that unless the period Company or the Executive provides notice of the Executive’s employment non-renewal pursuant to Section 4, the term of this Employment Agreement shall automatically be automatically extended for successive one- additional one (1) year periods thereafter on the same terms and conditions as set forth herein ( each individually and collectively, a the “Renewal Term” ), in each case unless either party hereto provides ) on the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration last day of the Initial Term or the then-current and each Renewal Term ; provided, as applicable ( further, that if a Change in Control occurs during the Initial Term and or any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the such Initial Term or Renewal Term, as applicable the case may be, as shall not expire before the one (1) year anniversary of the first day after Change in Control, unless expressly agreed to in writing by the last date on which notice may be given pursuant to the preceding sentence Executive. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be Initial Term and the Renewal Term are sometimes referred to collectively herein as the “ Employment Period Term.”

Appears in 3 contracts

Samples: Employment Agreement (Trade Street Residential, Inc.), Employment Agreement (Trade Street Residential, Inc.), Employment Agreement (Trade Street Residential, Inc.)

Term. Subject to Section 3 hereof the terms and conditions set forth herein and unless sooner terminated as hereinafter provided, the Company agrees to INIV shall employ the Executive Executive as an officer, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, serve as an officer and accepts such employment for a period commencing three-year period, beginning on the Closing Date (as defined in the Merger Agreement) October 11, 2013 (the “Effective Date”) and ending on the fifth 3rd anniversary of the Effective Date (the “Initial Employment Term”) ; provided . After the Initial Employment Term, however this Agreement shall automatically renew for consecutive one year periods (“renewal term”), that unless a written notice of a party’s intention to terminate this Agreement at the expiration of the Initial Employment Term (or any renewal term) is delivered by either party at least three (3) months prior to the expiration of the Initial Employment Term or any renewal term, as applicable. For purposes of this Agreement, the period from the Effective Date until the termination of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “ Employment Period Term”.

Appears in 3 contracts

Samples: Employment Agreement (Innovative Software Technologies Inc), Employment Agreement (Innovative Software Technologies Inc), Employment Agreement (Innovative Software Technologies Inc)

Term. Subject to Section 3 hereof the terms and conditions set forth herein and unless sooner terminated as hereinafter provided, the Company agrees to INIV shall employ the Executive Executive as an officer, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, serve as an officer and accepts such employment for a period commencing three-year period, beginning on the Closing Date (as defined in the Merger Agreement) September 16, 2013 (the “ Effective Start Date”) and ending on the fifth 3rd anniversary of the Effective Start Date (the “Initial Employment Term”) ; provided . After the Initial Employment Term, however this Agreement shall automatically renew for consecutive one year periods (“renewal term”), that unless a written notice of a party’s intention to terminate this Agreement at the expiration of the Initial Employment Term (or any renewal term) is delivered by either party at least three (3) months prior to the expiration of the Initial Employment Term or any renewal term, as applicable. For purposes of this Agreement, the period from the Start Date until the termination of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “ Employment Period Term”.

Appears in 3 contracts

Samples: Employment Agreement (Innovative Software Technologies Inc), Employment Agreement (Innovative Software Technologies Inc), Employment Agreement (Innovative Software Technologies Inc)

Term. Subject to Section 3 hereof, the The Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) January 1, 2014 (the “Effective "Commencement Date ") and ending on the fifth earlier of (i) the third (3rd) anniversary of the Effective Commencement Date and (ii) the termination or resignation of the Executive's employment in accordance with Section 3 hereof (the "Initial Term "); provided, however, that the period of the Executive ’s 's employment pursuant to this Employment Agreement shall may be automatically extended for successive one- one year periods thereafter following the Initial Term ( each, a "Renewal Term ") , or for one year following the then-current Renewal Term, in each case unless either party hereto if the Company provides the other party hereto Executive with written notice that such period shall not be so extended at least thirty ninety ( 30 90) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the "Term "). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable , as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period .

Appears in 3 contracts

Samples: CVR Refining, LP, CVR Energy Inc, CVR Partners, Lp

Term. Subject to The Executive's employment under this Agreement shall commence on the Effective Date and, unless sooner terminated as provided in this Section 3 hereof or Section 5, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, shall continue for a period commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of five years from the Effective Date (the "Initial Term ") ; provided . Except as otherwise provided herein, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides gives written notice to the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance before the first anniversary of the expiration of Effective Date or any anniversary thereafter (a "Nonrenewal Notice"), the Agreement shall automatically be extended for an additional one-year period from each anniversary, subject to the same terms, conditions and limitations as applicable to the Initial Term unless amended or terminated as provided herein (the then-current "Renewal Term "), as applicable ( so that the remaining period is never less than four years or more than five years. For purposes of this Agreement, the Initial Term and any all subsequent Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term Terms shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be collectively referred to as the “Employment Period "Term" of this Agreement. Notwithstanding the foregoing, the Term, if not earlier terminated, shall terminate upon the Executive's "Normal Retirement Date" as such term is defined in the Company's Salaried Pension Plan, unless otherwise expressly agreed in writing by the Company and the Executive within the 60-day period preceding such Normal Retirement Date.

Appears in 3 contracts

Samples: Executive Employment Agreement (Crown Cork & Seal Co Inc), Executive Employment Agreement (Crown Cork & Seal Co Inc), Executive Employment Agreement (Crown Cork & Seal Co Inc)

Term. Subject to Section 3 hereof The Executive’s employment hereunder shall be effective as of April 1, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) 2016 (the “Effective Date”) and ending shall continue until the first anniversary thereof, unless terminated earlier pursuant to Section 5 of this Agreement; provided that, on the fifth such first anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods and each annual anniversary thereafter ( each such date and each annual anniversary thereof, a “Renewal Term Date”), in each case the Agreement shall be deemed to be automatically extended, upon the same terms and conditions, for successive periods of one year, unless either party hereto provides the other party hereto with written notice that such period shall of its intention not be so extended to extend the term of the Agreement at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added 90 days’ prior to the end of the next scheduled expiration date of the Initial Term or applicable Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence Date. The Executive’s period of employment pursuant to this Employment Agreement shall during which the Executive is employed by the Company hereunder is hereinafter be referred to as the “Employment Period Term.”

Appears in 3 contracts

Samples: Amended and Restated Employment Agreement (Dipexium Pharmaceuticals, Inc.), Amended and Restated Employment Agreement (Dipexium Pharmaceuticals, Inc.), Amended and Restated Employment Agreement (Dipexium Pharmaceuticals, Inc.)

Term. Subject to Section 3 hereof, The employment of the Executive by the Company agrees to employ as provided in Section 1 above will commence on the Executive date set forth above (the "COMMENCEMENT DATE"), and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing will terminate on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth third anniversary of the Effective Commencement Date ( such term being the “Initial Term” "ORIGINAL TERM") ; provided , however, that unless earlier terminated pursuant to the period provisions of Section 5 of this Agreement. On the final day of the Executive’s employment pursuant to Original Term and on each one (1) year anniversary thereafter, the term of this Employment Agreement shall be extended automatically extended for successive one- one (1) additional year periods thereafter ( each, each such extension being a “Renewal Term” "RENEWAL TERM"), in each case unless either party hereto provides the other party hereto with written notice that such period shall this Agreement will not be so extended at least thirty is given by either party to the other one hundred eight ( 30 180) days in advance of prior to the expiration of the Initial Original Term or the then-current Renewal Term, as applicable ( the Initial case may be. The Original Term and any Renewal Term Terms, collectively in their full duration, are herein individually referred to as "EMPLOYMENT TERMS," and the “Term”). Each additional one-year Renewal Term shall be added to the end period of the next scheduled expiration date Executive's employment under this Agreement consisting of the Initial Original Term or and all Renewal Term Terms, except as applicable, as of the first day after the last date on which notice may be given terminated early pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be Section 5, is herein referred to as the “Employment Period "EMPLOYMENT PERIOD. "

Appears in 3 contracts

Samples: Employment Agreement (Golf Trust of America Inc), Amended and Restated Employment Agreement (Golf Trust of America Inc), Employment Agreement (Golf Trust of America Inc)

Term. Subject to Section 3 hereof, The employment of the Executive by the Company agrees to employ or an affiliated company as provided in Paragraph 1 shall be for the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Effective Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth third anniversary of the Effective Date such date unless earlier terminated in accordance with Paragraph 5 (the “Initial Employment Term”); provided, however, that on such third anniversary and on each annual anniversary thereafter (the period third anniversary of the Executive’s employment pursuant Effective Date and each annual anniversary thereof herein referred to this as the “Renewal Date”), the Employment Agreement Term shall be automatically extended for successive one-year periods thereafter an additional one year, unless at least ninety ( each, a “ 90) days prior to the Renewal Term”), in each case unless either party hereto provides Date the other party hereto with written Company or Executive shall give notice to the Executive that such period the Employment Term shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Employment Term and plus any Renewal Term extended Terms, collectively, the “ Employment Term”) . Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period .

Appears in 3 contracts

Samples: Employment Agreement (Noble Finance Co), Employment Agreement (Noble Finance Co), Employment Agreement (Noble Finance Co)

Term. Subject to Section 3 hereof, The initial term of Executive’s employment hereunder shall commence as of the Company agrees to employ the Executive, Effective Date and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing shall expire on the Closing Date (as defined in day prior to the Merger Agreement) (the “Effective Date”) and ending on the fifth third anniversary of the Effective Date (the “Initial Term”) ; provided , however, that the period unless sooner terminated as provided herein. The term of the Executive’s employment pursuant to this Employment Agreement shall thereafter be automatically extended for successive one-year periods thereafter ( each each such period, a “Renewal Term” ) ) unless, in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty no later than one hundred and twenty ( 30 120) days in advance of prior to the expiration of the Initial Term or any Renewal Term, one party shall give written notice to the then-current other of his or its intention not to extend, in which event this Agreement, and Executive’s employment hereunder, shall terminate at the end of the Initial Term or Renewal Term, as applicable (the Initial Term and plus any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter collectively be referred to as the “ Employment Period Term”).

Appears in 3 contracts

Samples: Employment Agreement (Las Vegas Sands Corp), Employment Agreement (Las Vegas Sands Corp), Employment Agreement (Las Vegas Sands Corp)

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and the Executive agrees to The initial term of employment under this Agreement shall be employed by the Company, in each case pursuant to this Employment Agreement, for a three-year period commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”) ; provided, however, that the period . The term of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter an additional consecutive 12-month period ( each the “Extended Term”) on the first anniversary of the Effective Date and each subsequent anniversary of the Effective Date, a unless and until the Company or Executive provides written notice to the other party in accordance with Section 11 hereof not less than 90 days before such anniversary date that such party is electing not to extend the term of employment under this Agreement ( Renewal Term Non- Renewal”), in each which case unless either party hereto provides the other party hereto with written notice that such period term of this Agreement shall not be so extended at least thirty (30) days in advance end as of the expiration end of the such Initial Term or the then-current Renewal Extended Term, as applicable ( the case may be, unless sooner terminated as hereinafter set forth. Such Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be all such Extended Terms are collectively referred to herein as the “Employment Period.”

Appears in 3 contracts

Samples: Employment Agreement (Biomet Inc), Employment Agreement (Biomet Inc), Employment Agreement (Biomet Inc)

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and the Executive agrees to The initial term of employment under this Agreement shall be employed by the Company, in each case pursuant to this Employment Agreement, for a three-year period commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”) ; provided, however, that the period . The term of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one an additional consecutive twelve- year periods thereafter month period ( each the “Extended Term”) on the first anniversary of the Effective Date and each subsequent anniversary of the Effective Date, a unless and until the Company or Executive provides written notice to the other party in accordance with Section 11 hereof not less than ninety (90) days before such anniversary date that such party is electing not to extend the term of employment under this Agreement ( Renewal Term Non-Renewal”), in each which case unless either party hereto provides the other party hereto with written notice that such period term of this Agreement shall not be so extended at least thirty (30) days in advance end as of the expiration end of the such Initial Term or the then-current Renewal Extended Term, as applicable ( the case may be, unless sooner terminated as hereinafter set forth. Such Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be all such Extended Terms are collectively referred to herein as the “Employment Period .

Appears in 3 contracts

Samples: Employment Agreement (Biomet Inc), Employment Agreement (LVB Acquisition, Inc.), Employment Agreement (Biomet Inc)

Term. Subject to Section 3 hereof, The period of employment of the Executive by the Company agrees to employ shall commence as of the Closing and continue for an initial term of two (2) years (the "Initial Term"), unless sooner terminated in accordance herewith. Unless the Executive 's employment has been terminated in accordance herewith, and following the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “ Initial Term ”); provided , however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be extended automatically extended for successive one- additional one (1) year periods thereafter ( each each a "Renewal Period" and all Renewal Periods together with the Initial Term, a “Renewal the "Term "), in each case unless either party hereto provides gives notice in the other party hereto with written notice that such period shall manner specified in Section 11 of its decision not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to renew this Employment Agreement shall hereinafter be referred to as the “Employment Period Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Renaissance Acquisition Corp.), Employment Agreement (Renaissance Acquisition Corp.), Employment Agreement (Renaissance Acquisition Corp.)

Term. Subject to Section 3 hereof, The term of Executive’s employment by the Company agrees to employ the Executive, and the Executive agrees to shall be employed by the Company, in each case pursuant to this Employment Agreement, for a one-year period commencing on the Closing Date (as defined in the Merger Agreement) (the “ Effective Date ”) and ending , which shall automatically renew for additional one-year periods annually (each commencing on the fifth an anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case Date) unless either party hereto Party provides the other party hereto with written notice that such period shall not be so extended of non-renewal at least thirty sixty ( 30 60) days in advance of prior to the expiration of the Initial Term or Term. Notwithstanding the then-current Renewal Term foregoing, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice Executive’s employment hereunder may be given pursuant to terminated earlier in accordance with the preceding sentence provisions of Article VI. The term of Executive’s period of employment pursuant to this Employment Agreement shall hereunder is hereinafter be referred to as the “ Employment Period Term.”

Appears in 3 contracts

Samples: Employment Agreement (William Lyon Homes), Employment Agreement (William Lyon Homes), Employment Agreement (William Lyon Homes)

Term. Subject to Section 3 hereof, The term of Executive’s employment under this Agreement shall be the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on at the Closing Date (as defined in the Merger Agreement) (the “ Effective Date”) Time and ending on the fifth anniversary of the Effective Date December 31, 2023, unless terminated earlier pursuant to Section 6 ( such period, the “Initial Term”); provided provided that, however on December 31, that 2023 and each one (1)-year anniversary thereafter (such date and each one (1)-year anniversary thereof, a “Renewal Date”), the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended extended, upon the same terms and conditions, for successive one-year periods thereafter of one ( each 1) year, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that of such period shall party’s intention not be so extended to extend the term of the Agreement at least thirty sixty ( 30 60) days in advance of prior to the expiration of the Initial Term or the then-current applicable Renewal Term, as applicable (the Date. The Initial Term and any Renewal Term, collectively, renewal of such term are referred to herein as the “Term ”) ,” as applicable. Each additional one-year Renewal Term Executive’s employment with the Company shall be added on an “at-will” basis, nothing in this Agreement shall alter Executive’s at-will status with the Company, and either party may terminate this Agreement subject to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period terms and conditions set forth herein.

Appears in 3 contracts

Samples: Employment Agreement (Resource Real Estate Opportunity REIT, Inc.), Employment Agreement (Resource Real Estate Opportunity REIT, Inc.), Employment Agreement (Resource Real Estate Opportunity REIT, Inc.)

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing The term of employment hereunder will commence on the Closing Effective Date (as defined in the Merger Agreement) (the “Effective Date”) and ending will terminate on the fifth earlier of (a) the close of business on the first anniversary of the Effective Date (the “ Initial Original Term” ) ) or (b) any termination of employment pursuant to Section 3.2 hereof; provided, however, that if a Change in Control should occur at any time during the period Term of the Executive’s Agreement, then such Term shall end no earlier than the second anniversary of the date of such Change in Control (or if earlier, a termination of employment pursuant to this Employment Agreement shall be Section 3.2 hereof). Thereafter, unless written notification is given by either the Company or Executive at least sixty (60) days before the expiration of the Original Term or any subsequent renewal term, the Term will automatically extended renew for successive one- one year periods thereafter (each, a “Renewal Term”) . For purposes of this Agreement, when the word “Term” is used alone, it collectively refers to the Original Term and all Renewal Term(s). The Company’s decision not to extend the Term will not be considered termination of Executive’s employment, whether with or without Cause, as defined below. Notwithstanding any provision of this Agreement to the contrary, the nonrenewal of this Agreement in each case unless either party hereto provides the other party hereto accordance with written notice that such period this Section 3.1 shall not be so extended at least thirty (30) days in advance of discharge the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and Company’s obligation to pay any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added benefits that Executive became entitled to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant under this Agreement prior to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period such nonrenewal.

Appears in 3 contracts

Samples: Amended and Restated Employment Agreement (Triumph Bancorp, Inc.), Amended and Restated Employment Agreement (Triumph Bancorp, Inc.), Amended and Restated Employment Agreement (Triumph Bancorp, Inc.)

Term. Subject to Section 3 hereof, the Company agrees to employ the This Agreement and Executive , and the Executive agrees to ’s employment hereunder shall be employed by the Company, in each case pursuant to this Employment Agreement, for a period an initial term of three (3) years commencing on the Closing Date (as defined in the Merger Agreement) date hereof (the “Effective Date”) and ending on the fifth third anniversary of the Effective Date (the “ Initial Expiration Date”), unless terminated earlier by the Company or the Executive pursuant to Section 4 of this Agreement (the “Term”) ; provided . Thereafter, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall automatically be automatically renewed and the Term shall be extended for successive one- additional consecutive terms of 1 year periods thereafter ( each, each a “Renewal Term”), in each case unless such renewal is objected to by either party hereto provides the other party hereto with Company or the Executive upon 90 days written notice that such period shall not be so extended at least thirty (30) days in advance prior to the commencement of the expiration of the Initial Term or the then-current next Renewal Term , as applicable ( . In the Initial Term and any Renewal Term, collectively event of renewal, the “Term”). Each additional one-year last day of each Renewal Term shall be added to deemed the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period new Expiration Date.

Appears in 3 contracts

Samples: Employment Agreement (Vinco Ventures, Inc.), Employment Agreement (Vinco Ventures, Inc.), Employment Agreement (Vinco Ventures, Inc.)

Term. Subject to Section 3 hereof Unless sooner terminated as provided in this Agreement, the Company agrees to employ term of the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing Agreement shall commence on the Closing Effective Date (as defined in and extend until the Merger Agreement) fourth anniversary thereof (the “ Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case provided that the Employment Term shall automatically be extended for successive one year periods thereafter, unless at least three months prior to the commencement of any such one year period, either party hereto provides written notice to the other party hereto with written notice (a “Notice of Non-Renewal”) that such period the Employment Term shall not be so extended at least thirty (30) days in advance of extended. The Executive’s employment will end upon the expiration of the Initial Term or the then-current Renewal Employment Term , as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period .

Appears in 3 contracts

Samples: Employment Agreement (Neiman Marcus Group LTD Inc.), Employment Agreement (Neiman Marcus Group LTD Inc.), Employment Agreement (Neiman Marcus Group LTD Inc.)

Term. Subject Unless sooner terminated pursuant to Section 3 other provisions hereof, the Company agrees to employ Executive for the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing beginning on the Closing Effective Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on August 12, 2008 (the fifth anniversary "Initial Term"). Said term of employment shall be extended automatically for a successive one-year period as of the Effective Date last day of the Initial Term and as of the last day of each successive one-year period of time thereafter that this Agreement is in effect ( the “Initial each such successive one-year extended term being referred to herein as an "Extended Term "); provided, however, that if, prior to the period of date which is six months before the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration last day of the Initial Term or the then-current Renewal any such Extended Term, as applicable (the Initial Term and any Renewal Term applicable, collectively, the “Term”). Each additional one-year Renewal Term either party shall be added give written notice to the end of other that no such automatic extension shall occur, then Executive's employment shall terminate on the next scheduled expiration date last day of the Initial Term or Renewal Extended Term, as applicable, as of the first day after the last date on during which such notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period is given.

Appears in 3 contracts

Samples: Employment Agreement (Continental Airlines Inc /De/), Employment Agreement (Continental Airlines Inc /De/), Employment Agreement (Continental Airlines Inc /De/)

Term. Subject to Section 3 hereof, (a) The term of the Employee’s employment with the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to under this Employment Agreement, for a period commencing Agreement shall commence on the Closing Effective Date (as defined in the Merger Agreement) and shall continue until December 31, 2012 (the “ Effective Expiration Date”) and ending on the fifth anniversary of the Effective Date ( such period, the “Initial Term”); provided, however, that commencing on the Expiration Date and on each anniversary of the Expiration Date thereafter (each, an “Extension Date”), unless either party hereto gives the other party at least 60 days’ prior written notice of its or her election not to extend the period of the Executive Employee’s employment pursuant to this Employment Agreement with the Company hereunder, the term shall automatically be automatically extended for successive an additional one-year periods thereafter period on the same terms and conditions set forth herein, unless otherwise agreed upon by the parties hereto ( each each such extension, a “Renewal Term”) ; provided further, in each case unless either party hereto provides however, that the other party hereto Employee’s employment with written notice that such period shall not the Company under this Agreement may be so extended terminated pursuant to the provisions of Section 4 at least thirty (30) days in advance of any time prior to the expiration of the Initial Term or the then- any then current Renewal Term , . The period commencing on the Effective Date and ending on the date of termination of the Employee’s employment with the Company under this Agreement is referred to herein as applicable (the Initial Term and any Renewal Term, collectively, the “Term” ) . Each additional one In the event that the Company gives the Employee the written notice of non- year Renewal Term renewal hereunder, such notice shall be added to include a statement whether the Company proposes that the Employee’ s employment on and after the end of the next scheduled then Term shall either (i) terminate, or (ii) continue as an at-will employment, upon such terms as the parties shall agree.(b) The Employee agrees and acknowledges that the Company has no obligation to provide for any Renewal Term or to continue the Employee’s employment after expiration date of the Initial Term or any then current Renewal Term, as applicable, as of and the first day after the last date on which notice may be given pursuant Employee expressly acknowledges that no promises or understandings to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period contrary have been made or reached.

Appears in 2 contracts

Samples: Employment Agreement (PGA Holdings, Inc.), Employment Agreement (PGA Holdings, Inc.)

Term. Subject to Section 3 hereof 2.1Term. Beginning on September 1, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) 2020 (the “Effective Date” ) and ending on ), the fifth anniversary of Executive will be employed by the Effective Date (the “Initial Term”); provided, however, that the Company for a period of the Executive’s twelve (12) months, unless his employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter is terminated at an earlier date in accordance with ARTICLE IV ( each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”) . Each additional one-year Renewal , provided that on each date thereafter the Term shall automatically be added extended for an additional day, unless the Company notifies Executive in writing that it does not wish to further extend the end Term. Accordingly, this Agreement shall have a remaining Term of twelve (12) months from the date when the Company notifies the Executive in writing that it does not wish to further extend the Term. Those obligations which by their terms survive the termination of this Agreement shall not be extinguished by the expiration of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as the termination of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Lindsay Corp), Employment Agreement (Lindsay Corp)

Term. Subject to Section 3 hereof As of the date hereof (the “Effective Date”), the Company agrees shall continue to employ the Executive, and the Executive hereby agrees to be employed by serve the Company, in each case pursuant to Company on the terms and conditions set forth herein. The term of the Executive’s employment under this Employment Agreement, for a period commencing Agreement will commence as of the Effective Date and end on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth third anniversary of the Effective Date (the “ Initial Term Employment Period”) , unless terminated earlier pursuant to Section 3 hereof; provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall Period will automatically be automatically extended for successive a one-year periods thereafter period on the third anniversary of the Effective Date ( each, a and on each anniversary of the Effective Date thereafter) (the “Renewal Term Period”), in each case unless either party hereto the Executive or the Company provides the other party hereto Party with written notice that such period shall not be so extended at least thirty (30) 30 days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added prior to the end of the next scheduled expiration date then-current Employment Period of his or its intention not to further extend the Initial Term or Employment Period (such non-extension, a “Non-Renewal”) (the Employment Period and each subsequent Renewal Term Period, as applicable if any, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as constitute the “Employment Period ”, unless terminated earlier pursuant to Section 3 of this Employment Agreement).

Appears in 2 contracts

Samples: Employment Agreement (EWT Holdings I Corp.), Employment Agreement (EWT Holdings I Corp.)

Term. Subject to Section 3 hereof As used herein, the Company agrees to employ “Term” means the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on as of the Closing Date (as defined in the Merger Agreement) date hereof (the “Effective Date” ) ), and ending on the fifth first (1st) anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement Date. The Term shall be automatically extended for successive one-year periods thereafter (each, a “Renewal unless Executive or the Company gives written notice of termination on or before the 30th day prior to the expiration of any Term of Executive’s or the Company’s desire not to renew the Term ”), . Any such renewal shall be upon the terms and conditions set forth herein unless otherwise agreed between the Company and Executive in each case unless either party hereto provides writing. In the other party hereto with event that the Company gives written notice that such period shall it does not be so extended at least thirty (30) days in advance of intend to renew the expiration of the Initial Term or the then-current Renewal Term, and absent any circumstances that would constitute Termination for Cause (as applicable defined below), ( the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term a) Executive shall be added to work through the end of the next scheduled expiration date Term at Executive’s compensation rate then in effect and (b) following the end of the Initial Term or Renewal Term, as applicable, as the Company shall pay to Executive an amount equal to twelve (12) months of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be annual Salary hereunder (at the rate then in effect) payable bi-monthly in accordance with the Company’s then existing payroll practices (referred to as “Salary Continuation”) for the period commencing on the Termination Date and ending twelve (12) months after the Termination Date (the “ Employment Salary Continuation Period . ). As a condition to the Company’s obligations, if any, to make payments of Salary Continuation under this Section 2, Executive shall have executed, delivered and not revoked a general release in the form attached hereto as Exhibit A.

Appears in 2 contracts

Samples: Employment Agreement (Health Insurance Innovations, Inc.), Employment Agreement (Health Insurance Innovations, Inc.)

Term. Subject to Section 3 hereof, the Company agrees to Bancshares will employ the Executive, and Executive will serve Bancshares, under the Executive agrees to be employed by the Company, in each case pursuant to terms of this Employment Agreement, Agreement for a period commencing on the Closing Date an initial term of three ( as defined in the Merger Agreement 3) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date years (the “Initial Term”) ; provided , however, that commencing on the period Effective Date. The Initial Term of the Executive’s employment pursuant to this Employment Agreement shall automatically be automatically extended for successive one- an additional one (1) year periods thereafter period unless, not later than sixty ( each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30 60) days in advance of prior to the expiration of the Initial Term or the then-current Renewal Term, as applicable ( either party hereto shall have given notice to the other that the Initial Term and any Renewal Term shall not be so extended. Notwithstanding the foregoing, collectively Executive’s employment hereunder may be earlier terminated, as provided in Section 4 hereof. The term of this Agreement, as in effect from time to time in accordance with the foregoing, shall be referred to herein as the “Term ”). Each additional one-year Renewal Term shall be added to .” The period of time between the end Effective Date and the termination of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement hereunder shall hereinafter be referred to herein as the “Employment Period.”

Appears in 2 contracts

Samples: Employment Agreement (1st Century Bancshares, Inc.), Employment Agreement (1st Century Bancshares, Inc.)

Term. Subject to Except for earlier termination as provided for in Section 3 4 hereof, your employment under this Agreement (the Company agrees to employ the Executive, and the Executive agrees to "Employment Term") shall be employed by the Company, in each case pursuant to this Employment Agreement, for a period an initial term commencing on the Closing Date (as defined in the Merger Agreement) May 31, 2005 (the "Effective Date ") and ending on the fifth third anniversary of the Effective Date (the "Initial Term ") ; provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with . Unless written notice that such period shall is given of an intent not be so extended at least thirty (30) days in advance of the expiration of to extend the Initial Term or any extension thereof by you or the then-current Renewal Term, as applicable ( Company at least 90 days prior to an anniversary of the Initial Term and any Renewal Term, collectively Effective Date, the “Term”). Each additional one-year Renewal Employment Term shall be added deemed, as of such 90th day, to have been extended and continue until the end of the next scheduled expiration date of successive 12-month period unless otherwise terminated as provided for in Section 4 hereof. In the Initial Term or Renewal event the Company elects not to renew the Employment Term, as applicable, as of the first day after the last date on which notice may you shall be given pursuant entitled to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period payments and benefits set forth in Section 6(c).

Appears in 2 contracts

Samples: Stock Option Agreement (Osi Pharmaceuticals Inc), Osi Pharmaceuticals Inc

Term. Subject to Except for earlier termination as provided for in Section 3 4 hereof, your employment under this Agreement (the Company agrees to employ the Executive, and the Executive agrees to “Employment Term”) shall be employed by the Company, in each case pursuant to this Employment Agreement, for a period an initial term commencing on the Closing Date (as defined in the Merger Agreement) date hereof (the “Effective Date”) and ending on the fifth third anniversary of the Effective Date (the “Initial Term”) ; provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with . Unless written notice that such period shall is given of an intent not be so extended at least thirty (30) days in advance of the expiration of to extend the Initial Term or any extension thereof by you or the then-current Renewal Term, as applicable ( Company at least 90 days prior to an anniversary of the Initial Term and any Renewal Term, collectively Effective Date, the “Term”). Each additional one-year Renewal Employment Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable deemed, as of such 90th day, to have been extended for an additional 12-month period unless otherwise terminated as provided for in Section 4 hereof. In the first day after event the last date on which notice may Company elects not to renew the Employment Term, you shall be given pursuant entitled to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period payments and benefits set forth in Section 6(c).

Appears in 2 contracts

Samples: Employment Agreement (Osi Pharmaceuticals Inc), Osi Pharmaceuticals Inc

Term. Subject to Section 3 hereof Executive’s employment hereunder shall commence as of July 28, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) 2009 (the “Effective Date”) and ending shall continue for one year; provided that on the fifth anniversary of the Effective Date (the “Initial Term”); provided and each succeeding anniversary thereafter, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended renewed for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each an additional one-year Renewal Term term unless either party provides written notice to the other that this Agreement shall not be added further renewed, such notice to be provided not later than 30 days prior to the end of the next scheduled then-current term hereof (the period between the Effective Date and the expiration date or termination of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to herein as the “Employment Period Term”).

Appears in 2 contracts

Samples: Executive Employment Agreement (Cleco Corp), Executive Employment Agreement (Cleco Corp)

Term. Subject to Section 3 hereof Executive’s employment under this Agreement shall commence as of the Effective Time of the Parent Merger (each as defined in that certain Agreement and Plan of Merger dated as of February 5, the Company agrees to employ the Executive, 2007 by and the Executive agrees to be employed by among the Company, in each case pursuant to this Employment Agreement Renasant Bank, for a period commencing on Capital Bancorp, Inc. and Capital Bank & Trust Company (the Closing Date (as defined in the Merger Agreement ”)) ( the date on which employment commences hereunder is referred to as the “Effective Date” ) ), and ending shall terminate on the fifth anniversary of the Effective Date December 31, 2012 ( such period referred to as the “Initial Term”) . Commencing on January 1, 2011 and on January 1st of each subsequent year thereafter, Executive’s Employment Term shall automatically be extended for an additional one-year period; provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides may provide written notice to the other party hereto with written notice that such period the Employment Term shall not be so extended at least thirty (30) days in advance further extended, such notice to be provided not later than October 1st of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term previous year and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, take effect as of the first last day after of the last then current term (the date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be hereunder ceases for any reason is referred to as the “ Termination Date”); the period between the Effective Date and the Termination Date referred to herein as the “Employment Period Term”).

Appears in 2 contracts

Samples: Executive Employment Agreement (Renasant Corp), Executive Employment Agreement (Renasant Corp)

Term. Subject to Section 3 hereof, the Company agrees to continue to employ the Executive, and the Executive agrees to continue to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) January 1, 2017 (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party Party hereto provides the other party Party hereto with written notice that such period shall not be so extended at least thirty (30) 30 days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period.”

Appears in 2 contracts

Samples: Employment Agreement (Emerald Expositions Events, Inc.), Employment Agreement (Emerald Expositions Events, Inc.)

Term. Subject to Section 3 hereof, the Company agrees to continue to employ the Executive, and the Executive agrees to continue to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) June 17, 2013 (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party Party hereto provides the other party Party hereto with written notice that such period shall not be so extended at least thirty (30) 30 days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period.”

Appears in 2 contracts

Samples: Employment Agreement (Expo Event Holdco, Inc.), Employment Agreement (Emerald Expositions Events, Inc.)

Term. Subject to Section 3 hereof, the Company agrees to continue to employ the Executive, and the Executive agrees to continue to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Effective Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party Party hereto provides the other party Party hereto with written notice that such period shall not be so extended at least thirty (30) 30 days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period.”

Appears in 2 contracts

Samples: Employment Agreement (Expo Event Holdco, Inc.), Employment Agreement (Emerald Expositions Events, Inc.)

Term. Subject to Section 3 hereof 5 of this Agreement, the Company agrees to employ Employee’s initial term of employment hereunder shall be from the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing beginning on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date through January 1, 2021 (the “Initial Term”) ; provided . Thereafter, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be deemed to be automatically extended extended, upon the same terms and conditions, for successive one-year periods thereafter (each of one year, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall of its intention not be so extended to extend the term at least thirty (30) 90 days in advance of prior to the expiration end of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence extension period thereafter. The Executive’s period of employment pursuant to this Employment Agreement shall during which the Employee is employed by the Company hereunder is hereinafter be referred to as the “Employment Period Term.”

Appears in 2 contracts

Samples: Employment Agreement (Remembrance Group, Inc.), Employment Agreement (Remembrance Group, Inc.)

Term. Subject to earlier termination of Executive’s employment as provided in Section 3 hereof 4, Executive’s employment shall be for an initial term commencing at the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) (the “ Effective Date”) Time and ending on the fifth anniversary of the Effective Date June 30, 2011 (the “Initial Term”) ; provided, however, that . At the period end of the Executive’s Initial Term, and each succeeding June 30th thereafter, the employment pursuant of Executive shall continue upon the terms and conditions of this Agreement set forth herein, as amended from time to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each time, a “Renewal Term”), in each case unless either party hereto provides CenterPoint or Executive gives the other party hereto with written notice that such period shall not be so extended at least thirty ninety ( 30 90) days in advance of prior to the expiration end of the Initial Term or any extended term of such party’s intention not to extend the then-current Renewal Term Employment Term and to terminate Executive’s employment. For purposes of this Agreement, as applicable ( the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end annual extension of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter collectively be referred to as the “Employment Period Term.”

Appears in 2 contracts

Samples: Employment Agreement (Centerpoint Properties Trust), Employment Agreement (Centerpoint Properties Trust)

Term. Subject to earlier termination of the Executive’s employment as provided under Section 3 hereof 9, the Company agrees to employ the Executive , and the Executive agrees to ’s employment shall be employed by the Company, in each case pursuant to this Employment Agreement, for a period an initial term commencing on the Closing Effective Date (as defined in the Merger Agreement) (the “ Effective Commencement Date”) and ending on the fifth third anniversary of the Effective Date (the “Initial Employment Term”); provided, however, that at the period end of the Executive’s Initial Employment Term and on each succeeding anniversary of the Commencement Date, the employment pursuant to this Employment Agreement shall of the Executive will be automatically extended continued upon the terms and conditions set forth herein for successive one- one additional year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides to this Agreement gives the other party hereto with written notice that (in accordance with Section 18) of such period shall not be so extended party’s intention to terminate this Agreement and the employment of the Executive at least thirty ninety ( 30 90) days in advance prior to the end of the expiration such initial or extended term. For purposes of this Agreement, the Initial Term or the then-current Renewal Term, as applicable (the Initial Employment Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter collectively be referred to as the “Employment Period Term.”

Appears in 2 contracts

Samples: Employment Agreement (HealthMarkets, Inc.), Employment Agreement (HealthMarkets, Inc.)

Term. Subject to earlier termination of the Executive’s employment as provided under Section 3 hereof 9, the Company agrees to employ the Executive , and the Executive agrees to ’s employment shall be employed by the Company, in each case pursuant to this Employment Agreement, for a period an initial term commencing on the Closing Effective Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date December 31, 2010 (the “Initial Employment Term”); provided, however, that at the period end of the Executive’s Initial Employment Term and on each succeeding anniversary thereof, the employment pursuant to this Employment Agreement shall of the Executive will be automatically extended continued upon the terms and conditions set forth herein for successive one- one additional year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides to this Agreement gives the other party hereto with written notice that (in accordance with Section 18) of such period shall not be so extended party’s intention to terminate this Agreement, subject to Section 22 hereof, and the employment of the Executive at least thirty ninety ( 30 90) days prior to the end of such initial or extended term (in advance which event the Executive’s employment shall be deemed to have terminated at the end of the expiration Employment Term). For purposes of this Agreement, the Initial Term or the then-current Renewal Term, as applicable (the Initial Employment Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter collectively be referred to as the “Employment Period Term.”

Appears in 2 contracts

Samples: Employment Agreement (HealthMarkets, Inc.), Employment Agreement (HealthMarkets, Inc.)

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case earlier termination pursuant to Section 10.1 (a) this Employment Agreement, for a period commencing on Agreement shall commence at the Closing Date (as defined Effective Time and shall remain in effect until the Merger Agreement) (the “Effective Date”) and ending on the fifth 10th anniversary of the Effective Date Time (the “Initial Term”) ; provided , however (b) Provider shall have the option, exercisable by the delivery of written Notice to Customer on or before the date that the period of the Executive’s employment pursuant is three TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). Years prior to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term, to renew this Agreement for one additional ten Year period (such second ten Year period, the “Secondary Term”), and (c) thereafter, this Agreement shall automatically renew for successive Yearly periods unless terminated by either Party through the delivery of written Notice to the other Party on or before the date that is 180 Days prior to the end of the Secondary Term or the then-current Renewal Term Yearly term, as applicable (the Initial Term, the Secondary Term and any Renewal Term subsequent Yearly renewal periods, collectively, the “Term”). Each additional one-year Renewal Should Provider elect to renew this Agreement for the Secondary Term pursuant to this Section 2.2, then, upon the beginning of the Secondary Term (and thereafter during the Term of this Agreement), the provisions of Section 7.1(j) and Exhibit G-4 shall be added to applicable hereunder. For the end avoidance of the next scheduled expiration date of doubt, during the Initial Term or Renewal Term, as applicable, as the provisions of the first day after the last date on which notice may Section 7.1(j) and Exhibit G-4 shall not be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period applicable hereunder.

Appears in 2 contracts

Samples: Gas Processing and Fractionation Agreement (Hess Midstream Partners LP), Gas Processing and Fractionation Agreement (Hess Midstream Partners LP)

Term. Subject to earlier termination pursuant to Section 3 hereof 5 of this Agreement, the Company agrees to employ the Executive, this Agreement and the Executive agrees to be employed by employment relationship hereunder shall continue from the Company, in each case pursuant to this Employment Agreement, for a period commencing on Effective Date until the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth third anniversary of the Effective Date (the “Initial Term” ); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement ) and shall be automatically extended renew for successive one- one (1) year periods intervals thereafter (each, a an Renewal Extended Term” ), in each case ) unless either party hereto provides Party shall have given written notice to the other party hereto with written notice that such period shall not be so extended at least thirty ninety ( 30 90) days in advance of prior to the expiration end of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal an Extended Term, as applicable, as of that it does not wish to extend the first day Term. As used in this Agreement, the “Term” shall refer to the period beginning on the Effective Date and ending on the date the Executive’s employment terminates in accordance with this Section 2 or Section 5. In the event that the Executive’s employment with the Company terminates, the Company’s obligation to continue to pay, after the last date on which notice of termination, Base Salary (as defined below), Bonus (as defined below) and other unaccrued benefits shall terminate except as may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period provided for in Section 5 below.

Appears in 2 contracts

Samples: Employment Agreement (Keane Group, Inc.), Employment Agreement (Keane Group, Inc.)

Term. Subject to earlier termination pursuant to the provisions of Section 3 hereof 6, the Company agrees to employ term of the Executive , and the Executive agrees to be employed by the Company, in each case pursuant to 's employment under this Employment Agreement, for a period commencing Agreement shall commence on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date and continue for one (1) year (the "Initial Term ”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement ") and shall be automatically extended renew thereafter for successive one-year periods thereafter ( each, each a "Renewal Term " and, together with the Initial Term, collectively referred to as the "Term"), in each case unless either party hereto provides the other party hereto with sixty (60) days advance written notice that such period shall not be so extended at least thirty (30) days in advance of prior to the expiration of the Initial Term or the then-current a Renewal Term, as applicable ( the Initial Term case may be, that either the Employer or the Executive desires to terminate this Agreement and any Renewal Term, collectively, Executive's employment hereunder at the “Term”). Each additional one-year Renewal Term shall be added to the end conclusion of the next scheduled expiration date of the such Initial Term or a Renewal Term , as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period .

Appears in 2 contracts

Samples: Elcom International Inc, Elcom International Inc

Term. Subject to Section 3 hereof the provisions contained in Sections 6 and 7, the Executive’s employment by the Company agrees to employ shall be for a term commencing on the Executive date hereof through December 31, 2008 (the “Initial Term”), and shall automatically renew for successive one (1) year terms thereafter (each a “Renewal Term”, and together with the Initial Term, the “Term”) unless either party delivers written notice of termination (a “Notice of Termination”) to the other at least 120 days prior to the end of the Initial Term or any Renewal Term, as the case may be. The date on which the Executive agrees ceases to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary regardless of the Effective Date (the “Initial Term”); provided reason therefore, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be is referred to in this Agreement as the “ Employment Period Date of Termination”.

Appears in 2 contracts

Samples: Employment Agreement (Action Products International Inc), Action Products International Inc

Term. Subject to Section 3 hereof the provisions of Article 6, the Company agrees to employ initial term of the Executive Employee’s employment under this Agreement will be one (1) year, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing beginning on the Closing Effective Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date December 31, 2007 (the “Initial Term”) ; provided, however, that the period . The term of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended renewed by the Employee and the Employer for successive one- additional periods of one year periods thereafter (each, a “Renewal Term” ), in each case ;) unless either party hereto provides gives the other party hereto with written notice that such prior to the end of the Initial Term or any Renewal Term (in which event this Agreement will continue for a period shall not be so extended at least of thirty (30) days from such notice) or unless sooner terminated in advance accordance with the provisions of the expiration of the Section 6. The Initial Term or the then-current together with all Renewal Term Terms, as applicable (the Initial Term and any Renewal Term if any, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall are hereinafter be referred to as the “Employment Period .

Appears in 2 contracts

Samples: Employment Agreement (Endo Pharmaceuticals Holdings Inc), Employment Agreement (Endo Pharmaceuticals Holdings Inc)

Term. Subject to Section 3 hereof the provisions of Article IV, the Company agrees to employ the Executive, and the term of employment of Executive agrees to under this Agreement shall be employed by the Company, in each case pursuant to this Employment Agreement, for a period of three years, commencing on the Closing Commencement Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date continuing through June 30, 2013, (the “Initial Term”) ; provided . Upon and following the Initial Term, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended renew for successive one- one (1) year periods thereafter terms (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty of non-renewal is given by the Company to the Executive no later than one hundred twenty ( 30 120) days in advance of prior to the expiration end of the Initial Term or the then- then current Renewal Term, as applicable ( the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice case may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period be.

Appears in 2 contracts

Samples: Executive Employment Agreement (Cycle Country Accessories Corp), Executive Employment Agreement (Cycle Country Accessories Corp)

Term. Subject to the provisions of Section 3 hereof 4 of this Agreement, the Company agrees to employ parties acknowledge that the Executive term of Employee's employment under this Agreement shall commence on June 1, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) 2006 (the "Effective Date ") and ending on continue hereunder until the fifth third anniversary of the Effective Date (the "Initial Term ") ; provided . Unless the Employee shall have notified the Company, however or the Company shall have notified the Employee, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter not less than sixty ( each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30 60) days in advance of prior to the expiration of the Initial Term or of such party's election not to continue the then Term of this Agreement, upon expiration of the Initial Term, the Employee's employment hereunder shall continue until the fourth anniversary of the Effective Date and thereafter shall continue on a year- to-year basis unless either party notifies the other, not less than sixty (60) days prior to expiration of the then current Renewal Term, as applicable of such party’s election not to continue the Term of this Agreement ( each such additional one-year period, a "Renewal Term"; the Initial Term and any Renewal Term, collectively, Term are collectively referred to hereinafter as the “Term”). Each additional one-year The election by the Company not to continue the Term of Employee's employment for a Renewal Term shall not be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given deemed a termination without cause pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period Section 4.1(b) hereof.

Appears in 2 contracts

Samples: Amended and Restated Employment Agreement (North Bay Bancorp/Ca), Amended and Restated Employment Agreement (North Bay Bancorp/Ca)

Term. Subject to the provisions of Section 3 hereof 4 of this Agreement, the Company agrees to employ parties acknowledge that the Executive term of Employee's employment, and the Executive agrees to be employed by the Company under this Agreement shall commence on June 1, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) 2006 (the "Effective Date ") and ending on continue hereunder until the fifth third anniversary of the Effective Date (the "Initial Term ") ; provided . Unless the Employee shall have notified the Company, however or the Company shall have notified the Employee, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter not less than sixty ( each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30 60) days in advance of prior to the expiration of the Initial Term or of such party's election not to continue the then Term of this Agreement, upon expiration of the Initial Term, the Employee's employment hereunder shall continue until the fourth anniversary of the Effective Date and thereafter shall continue on a year- to-year basis unless either party notifies the other, not less than sixty (60) days prior to expiration of the then current Renewal Term, as applicable of such party’s election not to continue the Term of this Agreement ( each such additional one-year period, a "Renewal Term"; the Initial Term and any Renewal Term, collectively, Term are collectively referred to hereinafter as the “Term”). Each additional one-year The election by the Company not to continue the Term of Employee's employment for a Renewal Term shall not be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given deemed a termination without cause pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period Section 4.1(b) hereof.

Appears in 2 contracts

Samples: Amended and Restated Employment Agreement (North Bay Bancorp/Ca), Amended Employment Agreement (North Bay Bancorp/Ca)

Term. Subject to Section 3 hereof the terms and conditions set forth herein and unless sooner terminated as hereinafter provided, the Company agrees to INIV shall employ the Executive Executive as an officer, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, serve as an officer and accepts such employment for a period commencing three-year period, beginning on the Closing Date (as defined in the Merger Agreement) August 7, 2013 (the “Effective Date”) and ending on the fifth 3rd anniversary of the Effective Date (the “Initial Employment Term”) ; provided . After the Initial Employment Term, however this Agreement shall automatically renew for consecutive one year periods (“renewal term”), that unless a written notice of a party’s intention to terminate this Agreement at the expiration of the Initial Employment Term (or any renewal term) is delivered by either party at least three (3) months prior to the expiration of the Initial Employment Term or any renewal term, as applicable. For purposes of this Agreement, the period from the Effective Date until the termination of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “ Employment Period Term”.

Appears in 2 contracts

Samples: Employment Agreement (Innovative Software Technologies Inc), Employment Agreement (Innovative Software Technologies Inc)

Term. Subject to Section 3 hereof the terms and conditions set forth in this Agreement, the Company agrees to employ term of this Agreement shall begin on the Executive date hereof and continue until December 31, and 2015 (the Executive agrees to be employed by “Term”). Upon the Company, in each case pursuant to expiration of the Term of this Employment Agreement, this Agreement shall be automatically renewed for consecutive one-year periods unless either party provides a written notice of non-renewal for any reason at least sixty (60) days prior to the end of the Term or any additional one-year renewal period commencing on (the Closing Date (as defined in the Merger Agreement “Renewal Period”) (the “Effective Date”) Term and ending on the fifth anniversary of the Effective Date ( any Renewal Periods shall be referred to collectively herein as the “ Initial Term Employment Period”); provided, however, that notwithstanding the period of foregoing, the Employment Period shall terminate on the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter seventieth ( each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30 70th) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period birthday.

Appears in 2 contracts

Samples: Executive Employment Contract (PMC Commercial Trust /Tx), Executive Employment Contract (PMC Commercial Trust /Tx)

Term. Subject to Section 3 hereof, the The Company agrees to employ continue the employment of Executive, and the Executive agrees to continue to be employed by the Company, in each case pursuant to this Employment Agreement, for a period (the “Employment Period”) commencing on the Closing Effective Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth second anniversary of the Effective Date such date (the “Initial Term”) ; provided , however unless earlier terminated pursuant to Article IV below. However, that the period if no such termination has occurred, this Agreement shall automatically be extended on each anniversary of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended Effective Date for successive one- an additional one year periods thereafter period ( each, each a “Renewal Term”), in each case unless earlier terminated pursuant to Article IV below, or unless either party hereto provides gives written notice to the other party hereto with written notice that such period shall not be so extended at least thirty ninety ( 30 90) days in advance of prior to the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term applicable, collectively, the “Term”). Each additional one-year Renewal Term shall be added that it or he intends for this Agreement to terminate at the end of such period. In the next scheduled expiration date of event that this Agreement is continued for one or more Renewal Terms, such additional Renewal Term(s) shall be included in the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “ term Employment Period.

Appears in 2 contracts

Samples: Employment Agreement (Gasco Energy Inc), Employment Agreement (Gasco Energy Inc)

Term. Subject to Section 3 hereof, the The Company agrees to employ the Executive, and Executive accepts such employment, under and subject to all of the Executive agrees to be employed by the Company terms, in each case pursuant to this Employment Agreement conditions and provisions hereof, for a the period commencing on the Closing Date (as defined date hereof and ending on December 31, 2008, unless sooner terminated in accordance with the Merger Agreement) terms hereof (the “ Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Employment Term”) ; provided, however, that . At the period end of the Executive’s employment pursuant to Employment Term, this Employment Agreement shall be renew automatically extended for successive additional one- year month periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides delivers to the other party hereto with written notice that such period shall not be so extended at least thirty (30) days days’ prior written notice of such party’s election that the Employment Term not be so renewed. If this Agreement is extended in advance of accordance with the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively preceding sentence, the “ Employment Term ”). Each additional one-year Renewal Term shall be added to extended until the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period applicable extension period.

Appears in 2 contracts

Samples: Employment Agreement (Millennium Cell Inc), Employment Agreement (Millennium Cell Inc)

Term. Subject to Section 3 hereof, the The Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) February 20, 2007 (the “Effective Date”) and ending on the fifth third (3rd) anniversary of the Effective Date (the “Initial Term”); provided, however, that the period term of this Employment Agreement and the Executive’s employment pursuant to this Employment Agreement hereunder shall be renew automatically extended for successive one- one (1) year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty one hundred eighty ( 30 180) days in advance of prior to the expiration end of the Initial Term or any subsequent anniversary of the then-current Renewal Term Effective Date, as applicable either Party shall have given notice to the other Party that this Employment Agreement shall terminate on that anniversary date (the Initial Term and Term, together with any Renewal Term, collectively Terms, the “Term”). Each additional one-year Renewal Term Notwithstanding the foregoing, the Executive’s employment shall be added subject to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period earlier termination in accordance with Section 3 hereof.

Appears in 2 contracts

Samples: Employment Agreement (Education Management LLC), Employment Agreement (Education Management LLC)

Term. Subject to Section 3 hereof, the The Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) date hereof (the “Effective Date”) and ending on the fifth third (3rd) anniversary of the Effective Date (the “Initial Term”); provided, however, that the period term of the Executive’s employment pursuant to this Employment Agreement and the Executive's employment hereunder shall be renew automatically extended for successive one- one (1) year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty one hundred eighty ( 30 180) days in advance of prior to the expiration end of the Initial Term or any subsequent anniversary of the then-current Renewal Term Effective Date, as applicable either party shall have given notice to the other party that this Employment Agreement shall terminate on that anniversary date (the Initial Term and Term, together with any Renewal Term, collectively Terms, the “Term”). Each additional one-year Renewal Term Notwithstanding the foregoing, the Executive's employment shall be added subject to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period earlier termination in accordance with Section 3 hereof.

Appears in 2 contracts

Samples: Employment Agreement (Education Management Corporation), Employment Agreement (Education Management Corporation)

Term. Subject to Section 3 hereof, the The Company hereby agrees to employ the Executive, and the Executive hereby agrees to be employed by remain in the Company, in each case pursuant employ of the Company subject to the terms and conditions of this Employment Agreement, Agreement for a the period commencing on the Closing Effective Date (as defined in the Merger Agreement) and terminating on February 25, 2004 (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term” "ORIGINAL TERM") ; provided , however, that the period of the Executive’s employment pursuant to this Employment Agreement unless earlier terminated as provided in Section 7. The Original Term shall be extended automatically extended for successive one- additional one year periods thereafter measured from February 26, 2004 ( each, each a “Renewal Term” "RENEWAL TERM"), in each case unless notice that this Agreement will not be extended is given by either party hereto provides to the other party hereto with written notice that such period shall not be so extended at least thirty ninety ( 30 90) days in advance of prior to the expiration of the Initial Original Term or the then-current any Renewal Term . Notwithstanding the foregoing, as applicable upon a Change in Control, the Employment Period shall be extended automatically to three years from the date of such Change in Control. ( The period of Executive's employment hereunder within the Initial Original Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be Terms is herein referred to as the “Employment Period "EMPLOYMENT PERIOD. ")

Appears in 2 contracts

Samples: Split Dollar Insurance Agreement (Avalonbay Communities Inc), Split Dollar Insurance Agreement (Avalonbay Communities Inc)

Term. Subject to Section 3 hereof, the The Company hereby agrees to employ the Executive, and the Executive hereby agrees to be employed by remain in the Company, in each case pursuant employ of the Company subject to the terms and conditions of this Employment Agreement, Agreement for a the period commencing on the Closing Effective Date (as defined in the Merger Agreement) and terminating on November 30, 2006 (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial "Original Term ") ; provided , however, that the period of the Executive’s employment pursuant to this Employment Agreement unless earlier terminated as provided in Section 7. The Original Term shall be extended automatically extended for successive one- additional two year periods thereafter measured from December 1, 2006 ( each, each a "Renewal Term "), in each case unless notice that this Agreement will not be extended is given by either party hereto provides to the other party hereto with written notice that such period shall not be so extended at least thirty (30) 180 days in advance of prior to, but not more than 270 days prior to, the expiration of the Initial Original Term or the then-current any Renewal Term . Notwithstanding the foregoing, as applicable upon a Change in Control, the Employment Period shall be extended automatically to three years from the date of such Change in Control ( but only if such date is later than the Initial then current expiration date). (The period of Executive's employment hereunder within the Original Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be Terms is herein referred to as the "Employment Period. ")

Appears in 2 contracts

Samples: Split Dollar Insurance Agreement (Avalonbay Communities Inc), Split Dollar Insurance Agreement (Avalonbay Communities Inc)

Term. Subject to Section 3 hereof, the The Company hereby agrees to employ the Executive, and the Executive hereby agrees to be employed by serve the Company Company and the Partnership, in each case pursuant subject to the terms and conditions of this Employment Agreement, for a the period commencing on the Closing Effective Date (as defined in the Merger Agreement) and ending on December 31, 2016 (the “ Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Original Term”) ; provided, however, that . Upon the period expiration of the Executive’s employment pursuant to Original Term and on each anniversary thereafter (each an “Extension Date”), the term of this Employment Agreement shall be extended automatically extended for successive one- one (1) year periods thereafter ( each such extension period, a the “Renewal Term”), in each case unless either party hereto the Company or the Executive provides a Notice of Termination (as defined below) at least three (3) months prior to the other party hereto with written notice Extension Date that such period this Agreement shall not be so extended at least thirty (30) days in advance of prior to the expiration of applicable Extension Date. Unless the Initial Term or Executive is terminated earlier pursuant to Section 3, the then-current Renewal Term, as applicable (the Initial Original Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as Terms will constitute the “Employment Period.”

Appears in 2 contracts

Samples: Employment Agreement (Cole Real Estate Investments, Inc.), Employment Agreement (Cole Real Estate Investments, Inc.)

Term. Subject to Section 3 hereof, the The Company agrees to shall employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period an initial term commencing on the Closing Date (as defined in the Merger Agreement) March 25, 2003 (the “ Effective Commencement Date”) and ending on the fifth third anniversary of the Effective Date thereof (the “Initial Term”) ; provided . Upon the expiration of the Initial Term and of each Additional Term (as defined below), however, that the period of the Executive’s employment pursuant to this Employment Agreement hereunder shall be deemed to be automatically extended extended, upon the same terms and conditions as those terms and conditions then currently in effect for successive one- the Executive, for an additional period of one year periods thereafter ( each, a each such additional one year period being an Renewal Additional Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of case, commencing upon the expiration of the Initial Term or the then- then current Renewal Additional Term, as applicable the case may be, unless, at least ninety ( the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added 90) days prior to the end of the next scheduled expiration date of the Initial Term or Renewal such Additional Term, as applicable, as of either the first day after Company or the last date on which Executive gives written notice may be given pursuant to the preceding sentence other of its intention not to extend the Employment Period (a “Non-Renewal Notice”). The Executive’s entire period of employment during which the Executive is employed by the Company pursuant to this Employment Agreement shall hereinafter be is referred to herein as the “Employment Period.”

Appears in 2 contracts

Samples: Employment Agreement (Impsat Fiber Networks Inc), Employment Agreement (Impsat Fiber Networks Inc)

Term. Subject to Section 3 hereof, The Employer now hereby employs the Company agrees to employ the Executive, Employee and the Executive agrees to be employed by Employee hereby accepts employment with the Company, in each case pursuant to this Employment Agreement, Employer for a period commencing on the Closing Date (as defined in the Merger Agreement) (the "Initial Term") beginning as of the Effective Date”) Date and ending on the fifth second anniversary of the Effective Date (the "Initial Term” Termination Date") ; provided , subject, however, that the period to earlier termination as hereinafter provided. The term of the Executive’s employment pursuant to this Employment Agreement shall automatically be automatically extended for successive one- one or more additional one year periods thereafter (each periods, a “Renewal Term”), in each case unless either party hereto provides Party gives the other party hereto with Party written notice that such period shall not be so extended at least thirty ninety ( 30 90) days in advance of the expiration prior to end of the Initial Term or the then-current Renewal Term any applicable one year extension thereof, as applicable ( the case may be. The Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be extended term are sometimes referred to in this Agreement as the “Employment Period "Term".

Appears in 2 contracts

Samples: Employment Agreement (Equity Compression Services Corp), Employment Agreement (Equity Compression Services Corp)

Term. Subject to Section 3 hereof, The Employer shall employ Executive and Executive shall serve the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement Employer, for a period commencing continuous term beginning on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) date hereof and ending on the fifth third anniversary of the Effective Date hereof (the “Initial Term”) ; provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement . The Initial Term shall be extended automatically extended for successive additional one-year periods thereafter ( each, each a “Renewal Term”), on the same terms and conditions as set forth in each case this Agreement (as may be modified from time to time by the parties), beginning on the third anniversary of the date hereof, unless either party hereto provides gives the other party hereto with written notice that of such period shall party’s decision not be so extended to renew the terms of this Agreement at least thirty ninety ( 30 90) days in advance of prior to the expiration end of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term , collectively, the “Term”) . Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the The Initial Term or Renewal Term, as applicable together with all Renewal Terms, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be are collectively referred to as the “Employment Period Term”. Notwithstanding the foregoing, either party may terminate this Agreement at any time prior to the expiration of the Employment Term under the terms and conditions described in Section 6.

Appears in 2 contracts

Samples: Executive Employment Agreement (Midwest Holding Inc.), Executive Employment Agreement (Midwest Holding Inc.)

Term. Subject The Executive's employment hereunder shall be effective as of February 2, 2015 (the "Effective Date") and shall continue until the third anniversary thereof, unless terminated earlier pursuant to Section 3 hereof 4 of this Agreement. Thereafter, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement Term shall be automatically extended renew for successive one-year periods thereafter of one ( each 1) year, a “Renewal Term”), in each case unless either party hereto provides shall have given to the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance days’ prior written notice of their intention not to renew the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added Executive’s employment prior to the end of the next scheduled expiration date of the Initial Employment Term or Renewal Term the then applicable renewal term, as applicable, as of the first day after the last date on which notice case may be given pursuant to the preceding sentence be. The Executive’s period of employment pursuant to this Employment Agreement shall during which the Executive is employed by the Company hereunder, including any renewal term, is hereinafter be referred to as the "Employment Period Term. "

Appears in 2 contracts

Samples: Employment Agreement (Rimrock Gold Corp.), Rimrock Gold Corp.

Term. Subject The Executive's employment hereunder shall be effective on the Effective Date and shall continue until the fifth anniversary thereof, unless terminated earlier pursuant to Section 3 hereof, the Company agrees to employ the Executive, and 5 of this Agreement. The period during which the Executive agrees to be is employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall Company hereunder is hereinafter be referred to as the “Employment Period Term. ” Executive's employment under this Agreement shall be extended automatically for one (1) additional year as of the expiration of the initial five-year Employment Term and as of each subsequent anniversary thereafter, unless at least ninety (90) days prior to the expiration of the initial five-year Employment Term or any one-year renewal thereafter, as the case may be, the Company or Executive gives written notice to the other party hereto that the Employment Term shall not be so extended.

Appears in 2 contracts

Samples: Employment Agreement (ARKO Corp.), Amended and Restated Employment Agreement (ARKO Corp.)

Term. Subject to Section 3 hereof The Executive’s employment hereunder shall be effective as of November 1, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) 2015 (the “Effective Date”) and ending shall continue until the second anniversary thereof, unless terminated earlier pursuant to Section 5 of this Agreement; provided that, on the fifth such second anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods and each annual anniversary thereafter ( each such date and each annual anniversary thereof, a “Renewal Term Date”), in each case the Agreement shall be deemed to be automatically extended, upon the same terms and conditions, for successive periods of one year, unless either party hereto provides the other party hereto with written notice that such period shall of its intention not be so extended to extend the term of the Agreement at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added 90 days’ prior to the end of the next scheduled expiration date of the Initial Term or applicable Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence Date. The Executive’s period of employment pursuant to this Employment Agreement shall during which the Executive is employed by the Company hereunder is hereinafter be referred to as the “Employment Period Term”.

Appears in 2 contracts

Samples: Employment Agreement (Replimune Group, Inc.), Employment Agreement (Replimune Group, Inc.)

Term. Subject The Trust designates and appoints the Compliance Officer to perform the duties specified in Section 3 hereof 1.2, the Company agrees to employ the Executive below, and Compliance Officer accepts the Executive agrees to be employed by designation and appointment of the Company, in each case pursuant to this Employment Agreement Trust, for a one (1) year period commencing on the Closing Date date specified above ( as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”) ; provided , however subject to earlier termination as set forth in Article III, that below. Following the period expiration of the Executive’s employment pursuant to Initial Term, this Employment Agreement shall be automatically extended renewed for successive one- one (1) year periods thereafter ( each collectively, a “Renewal Terms”; individually, “Renewal Term” ) ) unless, in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) 30 calendar days in advance of prior to the expiration of the Initial Term or the then- then current Renewal Term, as applicable ( the Initial Term and any Renewal Term, collectively Service Provider, the “Term”). Each additional one-year Renewal Term Trust or the Compliance Officer provides the other parties with a written notice of intention not to renew, in which case this Agreement shall be added to terminate as of the end of the next scheduled expiration date of the Initial Term or said Renewal Term, as applicable . If this Agreement is renewed, the terms of this Agreement during such Renewal Term, including the termination provisions set forth in Article III, below, shall be the same as of the first day after the last date on which notice terms in effect immediately prior to such renewal, subject to any such changes or modifications as mutually may be given pursuant to agreed among the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to Parties as evidenced in a written instrument signed by the “Employment Period Service Provider, the Trust and the Compliance Officer.

Appears in 2 contracts

Samples: Chief Compliance Officer Agreement (ETF Series Solutions), Chief Compliance Officer Agreement (ETF Series Solutions)

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and the The employment of Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing Agreement shall commence on the Closing Date (as defined in and shall continue through the Merger Agreement) end of the calendar year (the “ Effective Date”) and ending on the fifth anniversary of the Effective Date (the “Initial Term”); provided, however, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), unless earlier terminated as provided in each case unless either party hereto provides the other party hereto with written notice that such period this Agreement. The Employment Term shall not automatically be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each for additional one-year Renewal Term shall be added (1) periods commencing on January 1st of each year and continuing each year thereafter, unless earlier terminated as provided in this Agreement, or either Executive or the Company gives the other written notice, in accordance with Section 15(a) at least sixty (60) days prior to the end then scheduled expiration of the next scheduled expiration date of the Initial Term or Renewal Employment Term, as applicable, as of such Party’s intention not to extend the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period Term.

Appears in 2 contracts

Samples: Employment Agreement (WES Consulting, Inc.), Employment Agreement (WES Consulting, Inc.)

Term. Subject to Section 3 hereof, The employment of the Executive by the Company agrees to employ as provided in Section 1 above will commence on the Executive date set forth above (the "COMMENCEMENT DATE"), and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing will terminate on the Closing Date (as defined in the Merger Agreement) (the “Effective Date”) and ending on the fifth fourth anniversary of the Effective Commencement Date ( such term being the “Initial Term” "ORIGINAL TERM") ; provided , however, that unless earlier terminated pursuant to the period provisions of Section 5 of this Agreement. On the final day of the Executive’s employment pursuant to Original Term and on each one (1) year anniversary thereafter, the term of this Employment Agreement shall be extended automatically extended for successive one- one (1) additional year periods thereafter ( each, each such extension being a “Renewal Term” "RENEWAL TERM"), in each case unless either party hereto provides the other party hereto with written notice that such period shall this Agreement will not be so extended at least thirty is given by either party to the other one hundred eighty ( 30 180) days in advance of prior to the expiration of the Initial Original Term or the then-current Renewal Term, as applicable ( the Initial case may be. The Original Term and any Renewal Term Terms, collectively in their full duration, are herein individually referred to as "EMPLOYMENT TERMS," and the “Term”). Each additional one-year Renewal Term shall be added to the end period of the next scheduled expiration date Executive's employment under this Agreement consisting of the Initial Original Term or and all Renewal Term Terms, except as applicable, as of the first day after the last date on which notice may be given terminated early pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be Section 5, is herein referred to as the “Employment Period "EMPLOYMENT PERIOD. "

Appears in 2 contracts

Samples: Employment Agreement (Golf Trust of America Inc), Employment Agreement (Golf Trust of America Inc)

Term. Subject to Section 3 hereof, the Company agrees to employ the Executive, and The employment of the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing Agreement shall commence on the Closing Effective Date (as defined in the Merger Agreement) (the “Effective Date”) and ending expire on the fifth first anniversary of the Effective Date (the "Initial Term "); provided PROVIDED, however HOWEVER, that the period of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the such Initial Term and of any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term (as described below), this Agreement shall automatically be added to the end of the next scheduled expiration date of extended for an additional one-year renewal period (each a "Renewal Term"; the Initial Term or Term, as extended by any such Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall being hereinafter be referred to as the “Employment Period "Term"), unless the Company shall notify the Executive, at least 90 days prior to such expiration, that it elects not to extend this Agreement. Notwithstanding the foregoing, this Agreement may be earlier terminated in strict accordance with the provisions of Section 5 of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Excelon Corp), Agreement and Plan of Reorganization (Excelon Corp)

Term. Subject to Section 3 hereof, The initial term of this Agreement shall be for the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Effective Date ( and ending, subject to earlier termination as defined set forth in the Merger Agreement) (the “Effective Date”) and ending Section 6, on the fifth third anniversary of the Effective Date (the “ Initial Employment Term”) ; provided, however, that the period . The Employment Term shall automatically renew for an additional one (1) year unless notice of the Executive’s employment pursuant to this Employment Agreement shall be automatically extended for successive one non- year periods thereafter (each, a “Renewal Term”), in each case unless renewal is delivered by either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) by no later than 120 days in advance of prior to the expiration of the Initial Term or the then-current Renewal Employment Term , as applicable (the Initial Term and any Renewal Term, collectively, the “Term”). Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “Employment Period .

Appears in 2 contracts

Samples: Executive Employment Agreement (Endo Pharmaceuticals Holdings Inc), Executive Employment Agreement (Endo Pharmaceuticals Holdings Inc)

Term. Subject to Section 3 hereof The initial term of this Agreement shall commence on April 17, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) 2007 (the “ Effective Commencement Date”) and ending shall end on the fifth third year anniversary of the Effective Date (the “Initial Term”); provided Commencement Date, however, that the period unless sooner extended by agreement of the Executive’s employment pursuant to parties or earlier terminated in accordance with the provisions of this Employment Agreement shall be automatically extended for successive one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto with written notice that such period shall not be so extended at least thirty (30) days in advance of the expiration of the Initial Term or the then-current Renewal Term, as applicable (the Initial Term and any Renewal Term, collectively, the “Term”) Agreement. Each additional one-year Renewal Term shall be added to the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last The date on which notice may be given pursuant this Agreement is scheduled to the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be expire is referred to as the “ Employment End Date”. No more than one hundred twenty (120) nor less than and sixty (60) days prior to an End Date (each such sixty (60) day period is referred to as a “Renegotiation Period ”), the Company and Executive may agree in writing to extend this Agreement for an additional term. If during any Renegotiation Period the Company and Executive fail to agree upon an extension of this Agreement, this Agreement shall terminate as of the End Date of the then current term notwithstanding the provision of services by Executive after the end of the then current term. The term of this Agreement, whether as originally scheduled, extended by agreement or shortened pursuant to an earlier termination in accordance herewith is referred to as the “Term.”

Appears in 2 contracts

Samples: Amended and Restated Employment Agreement (Dune Energy Inc), Amended and Restated Employment Agreement (Dune Energy Inc)

Term. Subject to Section 3 hereof The initial term of this Agreement shall commence on September 25, the Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Closing Date (as defined in the Merger Agreement) 2006 (the “Effective Date”) and ending expire on the fifth second anniversary of the Effective Date thereof (the "Initial Term” Employment Period") , unless earlier terminated in accordance with its terms; provided, however, that the period Company shall have the option of retaining the services of Executive ’s employment pursuant to , on the terms set forth in this Employment Agreement shall be automatically extended Agreement, for successive an additional one-year periods thereafter (each, a “Renewal Term”), in each case unless either party hereto provides the other party hereto period by providing Executive with written notice that such period shall thereof not be so extended at least less than thirty (30) days in advance of prior to the expiration of the Initial Term or the then-current Renewal Term, as applicable Employment Period (the "Option Period" and together with the Initial Term and any Renewal Term, collectively Employment Period, the “Term” "Employment Period"). Each additional one-year Renewal Term Unless earlier terminated in accordance herewith, upon expiration of the Option Period, this Agreement shall be added deemed to have been extended for additional terms of successive one year periods commencing on the end of the next scheduled expiration date of the Initial Term or Renewal Term, as applicable, as of the first day after the last date on which notice may be given pursuant to expiration of the preceding sentence. The Executive’s period of employment pursuant to this Employment Agreement shall hereinafter be referred to as the “ then current Employment Period.

Appears in 2 contracts

Samples: Employment Agreement (Advanced Communications Technologies Inc), Employment Agreement (Advanced Communications Technologies Inc)