Constructively Discharged definition

Constructively Discharged means (A) if the Grantee is a party to an Employment Agreement that includes a definition of “constructively discharged” or is a participant in the Executive Change in Control and Severance Plan, the definition of such term in such Employment Agreement or the Executive Change in Control and Severance Plan, as applicable, or (B) if the Grantee is not party to an Employment Agreement that defines “constructively discharged” and is not a participant in the Executive Change in Control and Severance Plan, the occurrence of any one of the following events: (i) the Grantee is not re-elected to, or is removed from, the position the Grantee holds with the Company as of the Grant Date, other than as a result of the Grantee’s election or appointment to positions of equal or superior scope and responsibility; (ii) the Grantee shall fail to be vested by the Company with the powers, authority and support services normally attendant to any of said offices; (iii) the Company shall notify the Grantee that the employment of the Grantee will be terminated or materially modified in the future or that the Grantee will be Constructively Discharged in the future; or (iv) the Company changes the primary employment location of the Grantee to a place that is more than fifty (50) miles from the primary employment location as of the Grant Date. Notwithstanding the foregoing, the Grantee shall not be deemed to be Constructively Discharged unless (1) the Grantee notifies the Company in writing of the occurrence of the condition that would constitute a Constructive Discharge hereunder within 90 days after the first occurrence of such condition; (ii) the Company fails to remedy the condition within 30 days after such notice is provided (the “Cure Period”); and (iii) the Grantee terminates the Grantee’s employment within 10 days after the end of the Cure Period.

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Constructively Discharged means the occurrence of any one or more of the following: (A) Employee is removed from all of the offices described in Paragraph 1 hereof; (B) Company fails to vest with or removes from Employee the duties, responsibilities, authority or resources that he reasonably needs to competently perform the duties of his office; (C) Company decreases Employee’s basic compensation or arbitrarily and capriciously decreases Employee’s bonus; or (D) Company transfers Employee to a location outside the Denver metropolitan area; and in any such case, Company fails to cure any of the above within thirty (30) days after Employee gives Company written notice of the occurrence of such event or events.

Constructively Discharged means (A) if the Employee is a party to an Employment Agreement that includes a definition of “constructively discharged” or is a participant in the Executive Change in Control and Severance Plan, the definition of such term in such Employment Agreement or the Executive Change in Control and Severance Plan, as applicable, or (B) if the Employee is not party to an Employment Agreement that defines “constructively discharged” and is not a participant in the Executive Change in Control and Severance Plan, the occurrence of any one of the following events: (i) the Employee is not re-elected to, or is removed from, the position the Employee holds with the Company as of the Grant Date, other than as a result of the Employee’s election or appointment to positions of equal or superior scope and responsibility; (ii) the Employee shall fail to be vested by the Company with the powers, authority and support services normally attendant to any of said offices; (iii) the Company shall notify the Employee that the employment of the Employee will be terminated or materially modified in the future or that the Employee will be Constructively Discharged in the future; or (iv) the Company changes the primary employment location of the Employee to a place that is more than fifty (50) miles from the primary employment location as of the Grant Date.

Examples of Constructively Discharged in a sentence

• In the event that Executive is terminated For Cause (as defined below) or if Executive voluntarily terminates his employment and is not Constructively Discharged (as defined below), StarMedia shall pay Executive all compensation due and owing through the last day actually worked and thereafter all of StarMedia's obligations under this Agreement shall cease.

• Executive's employment is terminated, including Constructively Discharged, by the Employer or its successor either in contemplation of or after Change in Control, other than on a for-cause basis.

• Following a Change of Control, if Executive is Constructively Discharged, he may terminate this Agreement and his employment by delivering written notice to the Bank no later than 30 days before the effective date of termination.

• If at any time, except in connection with a termination pursuant to Section 5, 6, or 8 Executive is Constructively Discharged (as that term is defined in this Section 7) then Executive shall have the right, by written notice to Employer within sixty (60) days of such Constructive Discharge, to terminate his services hereunder, effective as of thirty (30) days after such notice.

• For purposes of this Agreement, the Employee shall be deemed "Constructively Discharged" if the Employer changes the primary employment location of the Employee to a place other than Bermuda without the express written consent of the Employee.

• If at any time during the Term of this Agreement, except in instances where the Company has valid grounds to terminate the Executive’s employment pursuant to Section 5(e) (Termination for Cause), the Executive is Constructively Discharged (as hereinafter defined), then the Executive shall have the right to terminate his services hereunder, effective as of thirty (30) days after the date of such notice.

• In the event that Employee is Constructively Discharged, his termination shall be treated as if made by Company without cause and Executive shall receive all the compensation and benefits specified in paragraph 9E below.

• Further, in order for Executive to be deemed to have been Constructively Discharged, Executive must give Employer written notice of the existence of any condition set forth in Section 4(d)(i)-(i)(iv) above within 90 days of such initial existence and Employer shall have 30 days from the date of such notice in which to cure the condition giving rise to Constructive Discharge, if curable.

• Section 7 of the Employment Agreement is hereby amended in its entirety to read as follows: “If at any time, except in connection with a termination pursuant to Section 5, 6, or 8, Executive is Constructively Discharged (as that term is defined below in this Section 7), then Executive shall be entitled to the compensation and benefits as if such employment were terminated pursuant to Section 5 of this Agreement.

• Executive's employment is terminated, including Constructively Discharged, by the Employer or its successor either in contemplation of or within two (2) years after the Change in Control, other than on a for-cause basis.

More Definitions of Constructively Discharged

Constructively Discharged. (as defined in Section 2(e) of this Agreement), ▇▇▇▇ Atlantic shall cause the ▇▇▇▇ Atlantic Company which then employs the Key Employee to pay to the Key Employee, in cash, an aggregate amount equal (before withholding of taxes) to two times "Pay" (as defined in Section 2(b) of this Agreement).

Constructively Discharged upon the occurrence, without the Executive’s express written consent, of any of the following events, provided that the Executive gives at least thirty (30) days prior written notice of Executive’s termination: (i) a material reduction in the Executive’s then current Base Salary; (ii) any change in the Executive’s duties and responsibilities that is inconsistent in any adverse respect with the Executive’s position(s), duties or responsibilities, or an adverse change in the Executive’s place in the organization chart or in the seniority of the individual (or Board, where applicable) to whom the Executive shall report; (iii) a material and adverse change in the Executive’s titles or offices (including, if applicable, membership on the board of directors of the Company or the Bank); (iv) requiring the Executive to be based more than fifty (50) miles from the location of the Executive’s place of employment as of the Effective Date, except for normal business travel in connection with the Executive’s duties; or (v) a material breach of this Agreement by the Company. Upon the occurrence of any event referenced in (i) through (v) above, Executive shall, within forty-five (45) days of such occurrence, provide the Company notice of the existence of the condition. Upon receiving notice, the Company shall have no more than thirty (30) days to remedy the condition. In no event will Executive’s termination of employment be deemed a Constructive Discharge if such termination occurs more than twelve (12) months from the date of the initial existence of the event described in subsections (i) through (v) with respect to which Executive is terminating employment. The Executive’s right to terminate employment due to a Constructive Discharge shall not be affected by incapacities due to mental or physical illness and the Executive’s continued employment or lack of notice hereunder shall not constitute consent to, or a waiver of rights with respect to, any event or condition constituting a Constructive Discharge.

Constructively Discharged has the meaning set forth in Section 2(d)(ii).

Constructively Discharged means where Employee's job responsibilities have materially changed from the responsibilities described in paragraph 3(a) hereof and as carried out generally by the Employee for the six month period prior to the relevant time period such that Employee is no longer performing the duties and services incident to his position, including but not limited to any change in Employee's reporting relationships or any requirement that Employee relocate either his residence or the primary place of performance of his duties, or any materially adverse change in Employee's compensation plan, including Employee's bonus plan.

Constructively Discharged means:

Constructively Discharged means any of the following: (i) there is a reduction by the Company in Executives Base Salary, (ii) the Company requires Executive to relocate his principal place of employment outside the counties of Los Angeles and Ventura, or (iii) there is a material diminution in Executives reporting responsibilities or title.