Common use of Triggering Event Clause in Contracts

Triggering Event. A “Triggering Event” for the purpose of this Agreement will be deemed to have occurred if, during the Contract Period while Executive is employed by DDR: (a) Within two years after the date on which a Change in Control occurs, DDR terminates the employment of Executive, other than in the case of a termination for Cause, a termination by DDR pursuant to Section 6.1 following Executive’s disability, or a termination based on death; (b) Within two years after the date on which a Change in Control occurs, DDR reduces Executive’s title, responsibilities, power or authority in comparison with Executive’s title, responsibilities, power or authority at the time of the Change in Control and Executive thereafter terminates Executive’s employment with DDR within such two-year period; (c) Within two years after the date on which a Change in Control occurs, DDR assigns Executive duties which are inconsistent with the duties assigned to Executive on the date on which the Change in Control occurred and which duties DDR persists in assigning to Executive despite the prior written objection of Executive and Executive thereafter terminates Executive’s employment with DDR within such two-year period; (d) Within two years after the date on which a Change in Control occurs, DDR (i) reduces Executive’s base compensation, Executive’s incentive opportunity bonus percentages of salary, Executive’s health and dental insurance coverage and benefits (including any such benefits provided to Executive’s eligible dependents), Executive’s pension, retirement, or profit-sharing benefits or any benefits provided by any of DDR’s equity-based award plans, or any substitute therefor, unless in any case such reduction applies generally to all employees of DDR, (ii) establishes criteria and factors to be achieved for the payment of bonus compensation that are substantially different than the criteria and factors established for other similar executive officers of DDR, (iii) fails to pay Executive any bonus compensation to which Executive is entitled through the achievement of the criteria and factors established for the payment of such bonus, or (iv) excludes Executive from any plan, program, or arrangement in which the other executive officers of DDR are included, and Executive thereafter terminates Executive’s employment with DDR within such two-year period; or (e) Within two years after the date on which a Change in Control occurs, DDR requires Executive to be based at or generally work from any location more than fifty miles from the geographical center of Cleveland, Ohio and Executive thereafter terminates Executive’s employment with DDR within such two-year period.

Appears in 7 contracts

Sources: Employment Agreement (DDR Corp), Employment Agreement (DDR Corp), Employment Agreement (DDR Corp)

Triggering Event. A “Triggering Event” for the purpose of this Agreement will be deemed to have occurred if, during the Contract Period while Executive is employed by DDR: (a) Within two years after the date on which a Change in Control occurs, DDR terminates the employment of Executive, other than in the case of a termination for Cause, a termination by DDR pursuant to Section 6.1 following Executive’s disability, or a termination based on death; (b) Within two years after the date on which a Change in Control occurs, DDR reduces Executive’s title, responsibilities, power power, or authority in comparison with Executive’s title, responsibilities, power or authority at the time of the Change in Control and Executive thereafter terminates Executive’s employment with DDR within such two-year period; (c) Within two years after the date on which a Change in Control occurs, DDR assigns Executive duties which are inconsistent with the duties assigned to Executive on the date on which the Change in Control occurred and which duties DDR persists in assigning to Executive despite the prior written objection of Executive and Executive thereafter terminates Executive’s employment with DDR within such two-year period; (d) Within two years after the date on which a Change in Control occurs, DDR (i) reduces Executive’s base compensation, Executive’s incentive opportunity bonus percentages of salary, Executive’s health and dental insurance coverage and benefits (including any such benefits provided to Executive’s eligible dependents), Executive’s pension, retirement, or profit-sharing benefits or any benefits provided by any of DDR’s equity-based award plans, or any substitute therefor, unless in any case such reduction applies generally to all employees of DDR, (ii) establishes criteria and factors to be achieved for the payment of bonus compensation that are substantially different than the criteria and factors established for other similar executive officers of DDR, (iii) fails to pay Executive any bonus compensation to which Executive is entitled through the achievement of the criteria and factors established for the payment of such bonus, or (iv) excludes Executive from any plan, program, or arrangement in which the other executive officers of DDR are included, and Executive thereafter terminates Executive’s employment with DDR within such two-year period; or (e) Within two years after the date on which a Change in Control occurs, DDR requires Executive to be based at or generally work from any location more than fifty miles from the geographical center of Cleveland, Ohio and Executive thereafter terminates Executive’s employment with DDR within such two-year period.

Appears in 3 contracts

Sources: Employment Agreement (DDR Corp), Employment Agreement (DDR Corp), Employment Agreement (DDR Corp)

Triggering Event. A “Triggering Event” for the purpose of this Agreement will be deemed to have occurred if, during the Contract Period while Executive Wolstein is employed by DDR: (a) Within two three years after the date on which a Change in Control occurs, DDR the Board terminates the employment of ExecutiveWolstein, other than in the case of a termination for Cause, a termination by DDR the Board pursuant to Section 6.1 7.1 following ExecutiveWolstein’s disability, or a termination based on death; (b) Within two three years after the date on which a Change in Control occurs, DDR the Board reduces ExecutiveWolstein’s title, responsibilities, power power, or authority in comparison with Executive’s his title, responsibilities, power power, or authority at the time of the Change in Control and Executive Wolstein thereafter terminates Executive’s his employment with DDR within such twothree-year period; (c) Within two three years after the date on which a Change in Control occurs, DDR the Board assigns Executive Wolstein duties which are inconsistent with the duties assigned to Executive Wolstein on the date on which the Change in Control occurred and which duties DDR the Board persists in assigning to Executive Wolstein despite the prior written objection of Executive Wolstein and Executive Wolstein thereafter terminates Executive’s his employment with DDR within such twothree-year period; (d) Within two three years after the date on which a Change in Control occurs, DDR the Board (i) reduces ExecutiveWolstein’s base compensation, Executive’s his incentive opportunity bonus percentages of salary, Executive’s health and dental his group health, life, disability, or other insurance coverage and benefits programs (including any such benefits provided to ExecutiveWolstein’s eligible dependentsfamily), Executive’s his pension, retirement, or profit-sharing benefits or any benefits provided by any of DDR’s equity-based award plans, or any substitute therefor, unless in any case such reduction applies generally to all employees of DDR, (ii) establishes criteria and factors to be achieved for the payment of bonus compensation that are substantially different than the criteria and factors established for other similar executive officers of DDR, (iii) fails to pay Executive Wolstein any bonus compensation to which Executive Wolstein is entitled through the achievement of the criteria and factors established for the payment of such bonus, or (iv) excludes Executive Wolstein from any plan, program, or arrangement in which the other executive officers of DDR are included, included and Executive Wolstein thereafter terminates Executive’s his employment with DDR within such twothree-year period; or (e) Within two three years after the date on which a Change in Control occurs, DDR the Board requires Executive Wolstein to be based at or generally work from any location more than fifty miles from the geographical center of Cleveland, Ohio and Executive Wolstein thereafter terminates Executive’s his employment with DDR within such twothree-year period.

Appears in 1 contract

Sources: Employment Agreement (Developers Diversified Realty Corp)