Common use of VESTING ON DEATH OR DISABILITY Clause in Contracts

VESTING ON DEATH OR DISABILITY. Upon any termination of this Agreement and Employee's employment hereunder by reason of Employee's death or Permanent Disability, as defined in Section 7(b) ("Death or Disability - Definition of Permanently Disabled and Permanent Disability"), provided that the terms and provisions of such plan and applicable law permit, any theretofore deferred or unvested portion of any award made to Employee in respect of any retirement, pension, profit sharing, long term incentive, and similar plans automatically shall become fully vested in Employee and shall be nonforfeitable, and shall continue in effect and be redeemable by or payable to Employee (or his designated beneficiary or estate) at the time and on the same conditions as would have applied had Employee's employment not been so terminated. It is expressly provided, however, that nothing in this Section 4(d) shall obligate the Company to provide full vesting upon death or disability in connection with participation by Employee in the equity plan or arrangement contemplated under Section 4(b) ("Fringe Benefits-Equity Plan"), further, the provisions governing payment of any incentive compensation payable to Employee pursuant to the incentive compensation plan(s) referred to in Section 3(b) ("Compensation-Incentive Compensation") shall govern any payment of incentive compensation due thereunder in the event of Employee's death or disability.

Appears in 3 contracts

Samples: Employment Agreement (Fields MRS Original Cookies Inc), Employment Agreement (Fields MRS Original Cookies Inc), Employment Agreement (Fields MRS Original Cookies Inc)

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VESTING ON DEATH OR DISABILITY. Upon any termination of this Agreement and Employee's employment hereunder by reason of Employee's death or Permanent Disability, as defined in Section 7(b) ("Death or Disability - Disability—Definition of Permanently Disabled and Permanent Disability"), provided that the terms and provisions of such plan and applicable law permit, any theretofore deferred or unvested portion of any award made to Employee in respect of any retirement, pension, profit sharing, long term incentive, and similar plans automatically shall become fully vested in Employee and shall be nonforfeitable, and shall continue in effect and be redeemable by or payable to Employee (or his her designated beneficiary or estate) at the time and on the same conditions as would have applied had Employee's employment not been so terminated. It is expressly provided, however, that nothing in this Section 4(d) shall obligate the Company to provide full vesting upon death or disability in connection with participation by Employee in the equity plan or arrangement contemplated under Section 4(b) ("Fringe Benefits-Equity Plan"), further, the provisions governing payment of any incentive compensation payable to Employee pursuant to the incentive compensation plan(s) referred to in Section 3(b) ("Compensation-Incentive Compensation") shall govern any payment of incentive compensation due thereunder in the event of Employee's death or disability.

Appears in 2 contracts

Samples: Employment Agreement (MRS Fields Original Cookies Inc), Employment Agreement (MRS Fields Holding Co Inc)

VESTING ON DEATH OR DISABILITY. Upon any termination of this ------------------------------ Agreement and Employee's employment hereunder by reason of Employee's death or Permanent Disability, as defined in Section 7(b) ("Death or Disability - Definition of Permanently Disabled and Permanent Disability"), provided that the terms and provisions of such plan and applicable law permit, any theretofore deferred or unvested portion of any award made to Employee in respect of any retirement, pension, profit sharing, long term incentive, and similar plans automatically shall become fully vested in Employee and shall be nonforfeitable, and shall continue in effect and be redeemable by or payable to Employee (or his designated beneficiary or estate) at the time and on the same conditions as would have applied had Employee's employment not been so terminated. It is expressly provided, however, that nothing in this Section 4(d) shall obligate the Company to provide full vesting upon death or disability in connection with participation by Employee in the equity plan or arrangement contemplated under Section 4(b) ("Fringe Benefits-Equity Plan"), further, the provisions governing payment of any incentive compensation payable to Employee pursuant to the incentive compensation plan(s) referred to in Section 3(b) ("Compensation-Compensation- Incentive Compensation") shall govern any payment of incentive compensation due thereunder in the event of Employee's death or disability.

Appears in 2 contracts

Samples: Employment Agreement (MRS Fields Holding Co Inc), Employment Agreement (MRS Fields Brand Inc)

VESTING ON DEATH OR DISABILITY. Upon any termination of this Agreement and Employee's employment hereunder by reason of Employee's death or Permanent Disability, as defined in Section 7(b) ("Death or Disability - Disability—Definition of Permanently Disabled and Permanent Disability"), provided that the terms and provisions of such plan and applicable law permit, any theretofore deferred or unvested portion of any award made to Employee in respect of any retirement, pension, profit sharing, long term incentive, and similar plans automatically shall become fully vested in Employee and shall be nonforfeitable, and shall continue in effect and be redeemable by or payable to Employee (or his her designated beneficiary or estate) at the time and on the same conditions as would have applied had Employee's employment not been so terminated. It is expressly provided, however, that nothing in this Section 4(d) shall obligate the Company to provide full vesting upon death or disability in connection with participation by Employee in the equity plan or arrangement contemplated under Section 4(b) ("Fringe Benefits-Benefit—Equity Plan"), further, the provisions governing payment of any incentive compensation payable to Employee pursuant to the incentive compensation plan(s) referred to in Section 3(b) ("Compensation-Incentive Compensation") shall govern any payment of incentive compensation due thereunder hereunder in the event of Employee's death or disability.

Appears in 1 contract

Samples: Employment Agreement (MRS Fields Financing Co Inc)

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VESTING ON DEATH OR DISABILITY. Upon any termination of this Agreement and Employee's employment hereunder by reason of Employee's death or Permanent Disability, as defined in Section 7(b) ("Death or Disability - Definition of Permanently Disabled and Permanent Disability"), provided that the terms and provisions of such plan and applicable law permit, any theretofore deferred or unvested portion of any award made to Employee in respect of any retirement, pension, profit sharing, long l term incentive, and similar plans automatically shall become fully vested in Employee and shall be nonforfeitable, and shall continue in effect and be redeemable by or payable to Employee (or his designated beneficiary or estate) at the time and on the same conditions as would have applied had Employee's employment not been so terminated. It is expressly provided, however, that nothing in this Section 4(d) shall obligate the Company to provide full vesting upon death or disability in connection with participation by Employee in the equity plan or arrangement contemplated under Section 4(b) ("Fringe Benefits-Equity Plan"), further, the provisions governing payment of any incentive compensation payable to Employee pursuant to the incentive compensation plan(s) referred to in Section 3(b) ("Compensation-Incentive Compensation") shall govern any payment of incentive compensation due thereunder in the event of Employee's death or disability.

Appears in 1 contract

Samples: Employment Agreement (Dynatec International Inc)

VESTING ON DEATH OR DISABILITY. Upon any termination of this Agreement and Employee's employment hereunder by reason of Employee's death or Permanent Disability, as defined in Section 7(b) ("Death or Disability - Definition of Permanently Disabled and Permanent Disability"), provided that the terms and provisions of such plan and applicable law permit, any theretofore deferred or unvested portion of any award made to Employee in respect of any retirement, pension, profit sharing, long term incentive, and similar plans automatically shall become fully vested in Employee and shall be nonforfeitable, and shall continue in effect and be redeemable by or payable to Employee (or his designated beneficiary or estate) at the time and on the same conditions as would have applied had Employee's employment not been so terminated. It is expressly provided, however, that nothing in this Section 4(d) shall obligate the Company to provide full vesting upon death or disability in connection with participation by Employee in the equity plan or arrangement contemplated under Section 4(b) ("Fringe Benefits-Equity Plan"), further, the provisions governing payment of any incentive compensation payable to Employee pursuant to the incentive compensation plan(s) referred to in Section 3(b) ("Compensation-Incentive Compensation") shall govern any payment of incentive compensation due thereunder in the event of Employee's death or disability.

Appears in 1 contract

Samples: Employment Agreement (Fields MRS Original Cookies Inc)

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