Band 5 Executives definition

Band 5 Executives means the Band 5 Executives who may be set forth on Exhibit A to this Plan from time to time. For purposes of this definition, if an Executive is included on Exhibit A immediately prior to the Change in Control Period, such Executive shall be eligible for Severance Benefits. (d) “Band 6 Executives” means those employees of an Employer designated as an Executive Vice President and each such other employee designated as Band 6 in the Employer’s human resources information system, in each case immediately prior to the Change in Control Period. (e) “Base Salary” means the greater of the Executive’s annual rate of salary, whether or not deferred, at: (i) the Effective Date of Termination or (ii) at the date of the Change in Control. (f) “Beneficiary” means the persons or entities designated or deemed designated by the Executive pursuant to Section 10.7. (g) “Board” means the Board of Directors of the Company. (h) “Cause” has the meaning set forth in the applicable Executive’s employment or similar agreement with the Employer or, if no such agreement is in effect, means (i) the willful and continued failure by the Executive (other than any such failure resulting from (A) the Executive’s incapacity due to physical or mental illness or (B) any such actual or anticipated failure after the issuance of a Notice of Termination by the Executive for Good Reason) to perform substantially the DMEAST #33323645 v13 -2-
Band 5 Executives means, only for purposes of Change-in-Control Severance Benefits, the Band 5 Executive who may be set forth on Schedule A to this Plan from time to time. For purposes of this definition, if an Executive is included on Schedule A immediately prior to the Change in Control Period, such Executive shall be eligible for Change-in-Control Severance Benefits.
Band 5 Executives means those employees of an Employer designated as Band 5 in the Employer’s human resources information system. 1