Death/Disability definition
Examples of Death/Disability in a sentence
Any Converted CSAR under this Award that is an Expiring CSAR, a Death/Disability Accelerated CSAR or an Early Retirement Accelerated CSAR will be deemed exercised and will be automatically settled as of the Expiration Date (without regard to the Settlement Limit under Section 4.1 of the Plan).
In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive as Severance or Death/Disability Payments, and, except as provided in Section 5(a)(ii)(B) hereof, such amounts shall not be reduced whether or not the Executive obtains other employment.
The Company will also provide any “Additional Death/Disability Benefits” provided in your Schedule.
Notwithstanding anything to the contrary in this Agreement, no compensation and benefits, including without limitation any Severance payments or Death/Disability Payments, shall be paid to the Executive during the 6-month period following his Separation from Service to the extent that the Employer reasonably determines that paying such amounts at the time or times indicated in this Agreement would result in a prohibited distribution under Code Section 409A(a)(2)(b)(i).
The Death/Disability Severance Payment will be paid to Executive in a lump sum on the sixtieth (60) day following the date of termination.
Notwithstanding anything to the contrary in this Agreement, no compensation and benefits, including without limitation any Severance payments or Death/Disability Payments, shall be paid to the Executive during the 6-month period following his Separation from Service to the extent that the Employer reasonably determines that paying such amounts at the time or times indicated in this Agreement would result in a prohibited distribution under Section 409A(a)(2)(b)(i) of the Code.
Death/Disability Payout at the end of the Performance Period, based on actual performance at end of Performance Period (not pro-rated) Retirement at age 55 or later with 10 or more years of continuous service Vesting continues subject to adherence with restrictive covenants; grants outstanding less than 12 months at time of retirement pro-rated based on portion of 12 months worked.
A copy of such Death/Disability Notice and Authority Evidence shall be delivered simultaneously to the Company and evidence of delivery of such copy shall be delivered to the Escrow Agent.
Furthermore, following termination of employment due to Death/Disability, by the Company with Cause, or Resignation by Employee, upon confirmation by the Company that it intends to pay Employee Severance pursuant to Section 2.3 of this Agreement and, thus, enforce the Employee’s non-compete obligations under this Section, Employee agrees that he will not compete in the seismic service industry as more specifically set forth in Exhibit A.
Any portion of the Award that is not vested as of the earlier of (i) the end of the Performance Period, (ii) the effective time of a Change in Control (after giving effect to any vesting upon such Change in Control described in Section 3), and (iii) the Participant’s Termination of Service (after giving effect to any vesting upon a Qualifying Death/Disability Termination described in Section 4(a)), will immediately terminate and be forfeited.