A termination for. Cause" means a termination of employment with the Corporation or any of the subsidiaries or joint ventures which, as determined by the Corporation, is by reason of (A) the commission by the Executive of a felony or a perpetration by the Executive of a dishonest act, material misrepresentation or common law fraud against the Corporation or any subsidiary, joint venture or other affiliate thereof, (B) any other act or omission which is injurious to the financial condition or business reputation of the Corporation or any subsidiary, joint venture or other affiliate thereof, or (C) the willful failure or refusal of the Executive to substantially perform the material duties of the Executive's position with the Corporation or any of the Corporation's subsidiaries, joint ventures or affiliates.
A termination for. “Cause” shall mean (i) the willful and continued failure by the Consultant to substantially perform the Consultant’s duties with the Company (other than any such failure resulting from the Consultant’s incapacity due to physical or mental illness) after a written demand for substantial performance is delivered to the Consultant by the Board, which demand specifically identifies the manner in which the Board believes that the Consultant has not substantially performed the Consultant’s duties (provided, however, that a failure to meet those performance criteria established by the Board for the award of the performance bonus shall not, by itself, constitute Cause hereunder); (ii) the Consultant’s conviction for a felony involving the money or property of Company or any act that gives rise to an obligation on the part of Company to make disclosure under Item 401(f)(2) – (f)(6) of Regulation S-K of the securities laws promulgated by the United States Securities and Exchange Commission (“SEC”); (iii) an arbitrator’s or court’s final and non-appealable determination that the Consultant breached the confidentiality clauses set forth in Article 6 hereof; (iv) the Consultant being permanently enjoined or restrained by a court of competent jurisdiction in connection with the confidentiality clauses set forth in Article 6 hereof; or (v) inability to perform because of medical difficulties.
A termination for. Cause shall mean (1) if the Executive has been ----- convicted of a felony (other than a traffic offense) or (2) a termination -- evidenced by a resolution adopted in good faith by two-thirds (2/3) of the Board that the Executive (i) failed to substantially perform his duties and obligations with the Company (other than a failure resulting from the Executive's incapacity due to physical or mental illness) which, if it is the first instance of such conduct, is not cured within thirty (30) days after a written notice of demand for substantial performance has been delivered to the Executive specifying the manner in which the Executive has failed to substantially perform (and, if it is any instance of such conduct after the --- first instance thereof and opportunity to cure, then no such opportunity to cure need be provided with respect to such conduct), or (ii) willfully engaged in -- conduct which is demonstrably and materially injurious to the Company, monetarily or otherwise; provided, however, that no termination of the -------- ------- Executive's employment shall be for Cause as set forth in clause (ii) above until (y) there shall have been delivered to the Executive a copy of a written notice setting forth that the Executive was guilty of the conduct set forth in clause (ii) and specifying the particulars thereof in detail, and (z) the --- Executive shall have been provided an opportunity to be heard by the Board (with the assistance of the Executive's counsel if the Executive so desires). No act, nor failure to act, on the Executive's part, shall be considered
Examples of A termination for in a sentence
A termination for Cause shall be deemed to occur (subject to reinstatement upon a contrary final determination by the Committee) on the date on which the Service Recipient first delivers written notice to the Participant of a finding of termination for Cause.
A termination for Disability shall become effective upon the end of the thirty (30) day notice period.
A termination for Cause shall not take effect unless: (1) the Executive is given written notice by the Company of its intention to terminate the Executive for Cause; (2) the notice specifically identifies the particular act or acts or failure or failures to act which are the basis for such termination; and (3) where practicable, the notice is given within sixty days of the Company’s learning of such act or acts or failure or failures to act.
A termination for Cause shall be deemed to occur (subject to reinstatement upon a contrary final determination by the Committee) on the date on which the Company first delivers written notice to the Participant of a finding of termination for Cause.
A termination for Cause shall be deemed to occur (subject to reinstatement upon a contrary final determination by the Administrator) on the date on which the Company or any Affiliate first delivers written notice to the Participant of a finding of termination for Cause.
More Definitions of A termination for
A termination for. CAUSE" means a termination by reason of the good faith determination of the Company's Board of Directors (the "BOARD") that the Employee (i) continually failed to substantially perform his duties with the Company (other than a failure resulting from the Employee's medically documented incapacity due to physical or mental illness), including, without limitation, repeated refusal to follow the reasonable directions of the Company's Chief Executive Officer, knowing violation of the law in the course of performance of the Employee's duties with the Company, repeated absences from work without a reasonable excuse, or intoxication with alcohol or illegal drugs while on the Company's premises during regular business hours, (ii) engaged in conduct which constituted a material breach of SECTION 7 or SECTION 8 of this Agreement, (iii) was indicted (or equivalent under applicable law), convicted of, or entered a plea of nolo contendere to the commission of a felony or crime involving dishonesty or moral turpitude, or (iv) engaged in conduct which is demonstrably and materially injurious to the financial condition, business reputation, or otherwise of the Company or its subsidiaries or affiliates, or (v)perpetuated a fraud or embezzlement against the Company or its subsidiaries or affiliates, and in each case the particular act or omission was not cured, if curable, in all material respects by the Employee within thirty (30) days after receipt of written notice from the Board which shall set forth in reasonable detail the nature of the facts and circumstances which constitute Cause. Notwithstanding the foregoing, the Employee shall not be deemed to have been terminated for Cause unless there shall have been delivered to the Employee a copy of a resolution duly adopted by the Board. If the Company has reasonable belief that the Employee has committed any of the acts described above, it may suspend the Employee (with or without pay) while it investigates whether it has or could have Cause to terminate the Employee. The Company may terminate the Employee for Cause prior to the completion of its investigation; provided, that, if it is ultimately determined that the Employee has not committed an act which would constitute Cause, the Employee shall be treated as if he were terminated without Cause.
A termination for. Cause" means a termination of employment with the Company or any of the Company's subsidiaries or joint ventures which, as determined by the Committee, is by reason of (x) the commission by the Participant of a felony or a perpetration by the Participant of a dishonest act, material misrepresentation or common law fraud against the Company or any subsidiary, joint venture or other affiliate thereof, (y) any other act or omission which is injurious to the financial condition or business reputation of the Company or any subsidiary, joint venture or other affiliate thereof, or (z) the willful failure or refusal of the Participant to substantially perform the material duties of the Participant's position with the Company or any of the Company's subsidiaries, joint ventures or affiliates;
A termination for. Cause" means a termination by reason of the Board's good faith determination that the Employee (i) willfully engaging in conduct that constitutes willful gross misconduct in carrying out the Employees s duties, resulting in either case, in material harm to the Company, monetarily or otherwise, unless Employee reasonably believed in good faith that such act or non-act was in (or not opposed to) the best interest of the Company, (ii) willfully engaged in conduct which constituted a material breach of Section 7 of this Agreement, (iii) engaged in conduct which constituted a crime of moral turpitude, (iv) perpetuated a fraud or embezzlement against the Company, or (v) willfully engaged in conduct which is demonstrably and materially injurious to the Company, monetarily or otherwise. No act, or failure to act, on the Employee's part shall be considered "willful" unless he has acted or failed to act with an absence of good faith and without a reasonable belief that his action or failure to act was in or at least not opposed to the best interests of the Company. Notwithstanding the foregoing, the Employee shall not be deemed to have been terminated for Cause unless there shall have been delivered to the Employee a copy of a resolution duly adopted by the affirmative vote of not less than a majority of the entire membership of the Board at a meeting of the Board.
A termination for. “Cause” means the good faith determination of the Bank, in the exercise of its reasonable judgment, that Executive (i) has engaged in grossly negligent or willful misconduct that violated a material provision of this Agreement; (ii) is grossly negligent in the performance of Executive’s duties hereunder; (iii) has engaged in grossly negligent or willful misconduct that violated any material written policy or directive of the Bank; (iv) has committed a fraudulent act or practice that could adversely affect the goodwill, reputation or business of the Bank; (v) has been convicted of, pled guilty or no contest to, or admitted in court to a felony or other criminal act involving dishonesty, fraud, misappropriation, or embezzlement, whether or not relating to Executive’s employment with the Bank; (vi) has engaged in grossly negligent or willful misconduct that is materially injurious to the Bank; or (vii) has been prohibited from engaging in the business of banking by any applicable governmental agency or regulatory body; provided that, before terminating this Agreement for Cause under clauses (i) or (iii) of this Section 8.2(a), Executive will be entitled to receive a notice specifying the alleged basis for termination, and Executive will have five (5) days from the receipt of such notice to cure the breach to the reasonable satisfaction of the Bank before this Agreement may be terminated with Cause on such basis. The Bank may elect to suspend Executive’s duties under this Agreement as of the date of such notice, although Executive will be entitled to receive any compensation that has been earned by him through the termination date.
A termination for. Cause" shall mean a termination for any of the following reasons: (i) your failure to perform your material duties after receipt of a written warning; (ii) engaging in misconduct which is demonstrably injurious to Acquiror; (iii) being convicted of a felony by a court of competent jurisdiction; (iv) committing an act of fraud against, or the misappropriation of property belonging to, Acquiror; or (v) material breach of this agreement or any confidentiality or proprietary information agreement between you and Acquiror; provided, however, that if such "Cause is reasonably curable, Acquiror shall not terminate your employment hereunder unless it first gives you notice of its intention to terminate and the grounds of such termination and you have not, within 30 days following the receipt of such notice, cured such "Cause." Acquiror will provide written notice of the reason for termination in the case of any termination for "Cause." A termination for any other reason shall be a termination "Without Cause."
A termination for. Cause" shall mean: (i) the final conviction of Employee of, or Employee's plea of guilty or nolo contendere, to any felony involving moral turpitude, (ii) fraud, misappropriation or embezzlement by Employee in connection with Employee's duties to Trycera, or (iii) Employee's failure or misconduct in the performance of his duties to Trycera. If Trycera exercises its right to terminate the Employee for Cause, Trycera shall: (1) give the Employee written notice of termination at least twenty (20) days before the date of such termination specifying in detail the conduct constituting such Cause, and (2) deliver to the Employee a copy of a resolution duly adopted by a majority of the entire membership of the Board, excluding interested directors, after reasonable notice to the Employee and an opportunity for the Employee to be heard in person by members of the Board, finding that the Employee has engaged in such conduct.
A termination for. Cause shall mean the occurrence of any one of the following events: