Termination of Employment During Performance Period. If a Recipient's employment has terminated during the Performance Period, the Committee, in its sole discretion, may reduce or eliminate the unearned portion of the Restricted Stock award.
Termination of Employment During Performance Period. Unless otherwise specified in this subparagraph, no Performance Bonus will be earned and payable under this Agreement if Participant’s employment terminates before the end of the Performance Period. Notwithstanding the foregoing, if the Participant’s employment terminates during the Performance Period by reason of the Participant’s death or Disability, then the deceased Participant’s Beneficiary or the Participant, as the case may be, will be entitled to receive an amount equal to the product of (1) the Performance Bonus that would have been earned for the Performance Period if the Participant’s employment had continued, multiplied by (2) the percentage of the Performance Period elapsed as of the date of the Participant’s termination of employment (or such greater percentage not to exceed 100% as the Committee, acting in its sole discretion, may determine). The amount, if any, payable to the Beneficiary (or the disabled Participant, as the case may be) will be determined promptly after the applicable Morningstar Rating and Morningstar Category is published as set forth above and will be paid to the Beneficiary (or the disabled Participant) as soon as practicable (but not more than 30 days) after such determination is made.
Termination of Employment During Performance Period. (a) If the Executive's employment with the Corporation terminates during the Performance Period because of death, disability, retirement or a Change in Control, the Executive Compensation Committee of the Board of Directors of the Corporation (the "Committee") may, in its sole discretion, make a pro rata Award to the Executive.
Termination of Employment During Performance Period. (a) If the Participant’s employment with the Corporation and its subsidiaries is terminated during the Performance Period: (1) by reason of death or Disability, (2) by Retirement at least one year after the first day of the Performance Period, or (3) by the Company without Cause (each, a “Qualified Termination”), the Segmented Target Performance Units for each Performance Measure shall automatically be adjusted on a pro-rata basis to reflect the number of completed months out of the entire Performance Period as of the date of the termination of employment. Thereafter, the Participant (or his/her transferee(s) under Section 4 as the case may be) shall be entitled to any amounts payable under Section 10 following the termination of the Performance Period in accordance with the terms hereof.
Termination of Employment During Performance Period. If a Participant’s termination of employment occurs prior to the last day of the Performance Period, the Participant shall forfeit all Performance Units (including any additional Performance Units or dividend equivalents attributable to dividends allocated to the Participant) granted with respect to the Performance Period; provided, however, that if a Participant’s termination of employment occurs by reason of the Participant’s death, Retirement (as defined in Section 20) or involuntary termination by a member of the Company Group other than for Cause (as defined in Section 20), including without limitation, as a result of (i) a disposition (or similar transaction) with respect to an identifiable Company business or segment (“Business”), and in accordance with the terms of the transaction, Participant and a substantial portion of the other employees of the Business continue in employment with such Business or commence employment with its acquiror, (ii) the elimination of Participant’s position within the Company Group, or (iii) the selection of Participant for work force reduction (whether selection is voluntary or involuntary), in each case, prior to the end of the Performance Period, the Participant (or in the event of his death, his estate) shall receive, subject to Participant’s execution and non-revocation of the Company’s customary general release of claims in favor of the Company (the “Release”), the number of shares of Stock with respect to that Performance Period that the Participant would have received if such termination of employment did not occur during the Performance Period (and based on the actual performance for the entire Performance Period), but subject to a pro rata reduction to reflect the number of days remaining in the Performance Period after the date of such termination of employment. Distribution of shares of Stock under this Section 2(c) shall be made at the same time distribution would have been made with respect to the Performance Period determined as though the termination of employment had not occurred.
Termination of Employment During Performance Period a. If your employment with OfficeMax terminates at any time on or after the Award Date and before the end of the Performance Period, your Award will both vest (subject to paragraphs 4 and 5) and be payable in accordance with this paragraph 6. If your termination of employment occurs before the end of the Performance Period and:
Termination of Employment During Performance Period. (a) If the Participant’s employment with the Corporation and its subsidiaries is terminated during the Performance Period: (1) by reason of death or Disability, (2) by Retirement at least one year after the first day of the Performance Period, or (3) by the Company without Cause (each, a “Qualified Termination”), the Segmented Target Award Value for each Performance Measure shall automatically be adjusted on a pro-rata basis to reflect the number of completed months out of the entire Performance Period as of the date of the termination of employment. Thereafter, the Participant (or his/her beneficiaries, heirs, executors, administrators or successors in interest as the case may be) shall be entitled to any amounts payable under Section 8 following the termination of the Performance Period in accordance with the terms hereof.
Termination of Employment During Performance Period. If the Participant's employment with the Company and the Subsidiaries terminates during the Performance Period for any reason other than the Participant's Retirement, Disability, or death, the Performance Shares granted under this Agreement will be forfeited on the date of such termination of employment; provided, however, that in such circumstances, the Committee, in its discretion, may determine that the Participant will be entitled to receive a pro rata or other portion of the Performance Shares in accordance with Exhibit 1 determined at the end of the Performance Period.
Termination of Employment During Performance Period. (a) In the event the Participant's employment with the Corporation and its Affiliates is terminated as a result of his Retirement, death, Disability or involuntary termination during the Performance Period and the Performance Goals for such Performance Period are, at least to the minimum required level, achieved at the end of the Performance Period, the Participant or, in the case of his death, his beneficiary designated pursuant to Section 7(b), will receive a payment of the full amount of the Performance Shares Earned for such Performance Period in accordance with Section 7. The Committee may in its sole discretion increase or decrease the number of Performance Shares Earned under this Subsection.
Termination of Employment During Performance Period. (1) In the event of your retirement on or after attaining age 60 or termination of your employment due to your death or Disability, prior to the end of the Performance Period, then (i) the banking provisions of Section 1(b) shall not apply, and (ii) your bonus accrual (subject to possible decrease or elimination under Section 1(d) and (e) above) shall be calculated on a pro-rated basis based on your service time during the Performance Period and the ultimate achievement of performance targets during the Performance Period, and paid to you (or your probate estate, if applicable) in full within 90 days of the end of the 2008 fiscal year.
