Termination By Company For Cause means a termination of the Executive caused by a determination of two-thirds of the Board, excluding the Executive if then a member of the Board, that one of the following events has occurred:
Termination By Company For Cause means a termination of Employee’s employment by Company due to (i) Employee’s deliberate and intentional continuing refusal to substantially perform his duties and obligations under this Agreement (except by reason of incapacity due to disability or illness), if he shall have either failed to remedy such alleged breach within forty-five (45) days from his receipt of written notice demanding that he remedy such alleged breach, or shall have failed to take reasonable steps in good faith to that end during such forty-five (45) day period and shall continue diligently to take such steps; provided that Company has delivered to Employee a further notice after the end of such forty-five (45) day period asserting that Employee has failed to comply with the remedy provisions of this Section 6.5, and specifying the particulars thereof in detail, and provided further that Employee thereafter receives a certified copy of a resolution of the Board of Company adopted by the affirmative vote of not less than seventy-five percent (75%) of the entire Board at a meeting called and held for that purpose and at which Employee was given an opportunity to be heard, finding that Employee exhibited conduct set forth in this Section and that Employee failed to take reasonable steps in good faith to remedy such alleged breach and specifying the particulars thereof in detail; (ii) Employee’s engaging in serious misconduct that is injurious to Company or any subsidiary or any affiliate of Company, (iii) Employee’s having been convicted of; or entered a plea of nolo contendere to, a crime involving an act that is immoral or wrong in and of itself (e.g., burglary, larceny, murder and arson) or a crime involving deceit, fraud, perjury or embezzlement, (iv) the breach by Employee of any one or more of the restrictive covenants contained in Section 7, or (v) upon a determination that Employee has engaged in willful fraud or defalcation involving material funds or other assets of Employer.
Termination By Company For Cause means the following:
Examples of Termination By Company For Cause in a sentence
In the event the Recipient is both Disabled and the provisions of clause (6) of subsection l(nn)(i) are applicable with respect to the Recipient, ---------- ------------------- the Company shall nevertheless have the right to deem such event as a Termination By Company For Cause.
The Employment Agreement also permitted Kent to terminate Respondent for cause, without paying contractual severance, for multiple reasons:d) Termination By Company For Cause.
With respect to any Recipient who is a ------------------ Director: -------- (1) The Company removes or fails to reappoint or re-elect the Recipient as a Director (unless such action is attributable to an event considered to constitute Termination By Company For Cause); and/or (2) The occurrence of any of the events described above in clauses (1) through (4) of subsection 1(oo)(i) with respect to the ----------- --- ------------------- Director.
In the event the Recipient is both Disabled and the provisions of clause (6) of Section 1(jj)(i) are applicable with respect to the Recipient, the Company shall nevertheless have the right to deem such event as a Termination By Company For Cause.
Six (6) months after the effective date of Termination Of Recipient in the event: (A) such termination is made by the Recipient and constitutes Termination By Recipient For Good Reason; or (B) such termination is made by the Company but does not constitute Termination By Company For Cause; or (C) such termination is made by the Company by reason of the Disability of the Recipient; or (D) such termination is attributable to the death of the Recipient.
More Definitions of Termination By Company For Cause
Termination By Company For Cause means the following: -------------------------------- (i) Employee-Recipient. In the case of a Recipient who is an ------------------ Employee, the Plan Administrator determines that: -------- (1) The Recipient's representations or warranties in connection with the grant of the Award (or the subsequent exercise of an Option, if the Award is an Option) are not materially true, accurate and complete;
Termination By Company For Cause. For purposes hereof, "cause" -------------------------------- shall mean any one or more of the following:
Termination By Company For Cause means a termination of employment by the Company for:
Termination By Company For Cause means the termination by the Company of the Awardee of his employment with or engagement by the Company resulting from the determination of the Plan Administrator that one or more of the following events has occurred
Termination By Company For Cause means (a) the termination by the Company of Executive’s employment (i) based on a determination that Executive has engaged in conduct constituting willful misconduct or gross negligence, or breach of a fiduciary duty, or (ii) because Executive has materially breached or violated any of the provisions of the Company’s employee handbook or other policies in effect from time to time that are applicable to similarly-situated employees of the Company and that by their terms may result in termination of employment, or (iii) because Executive has breached in any material respect this Agreement (and, only if correction or cure is possible, Executive has failed to correct or cure such breach within 30 days after receiving notice from the Company specifying such breach in reasonable detail, provided that if the breach as to which the Company gives such notice is the same as or substantially similar to a breach that was the subject of a prior notice by the Company, a Termination By Company for Cause will be deemed to have occurred upon the giving of such notice, or (b) the termination by the Company of Executive’s employment because he has been convicted of a felony or any act involving the misuse or misappropriation of money or other property of Company, or been adjudged by a court of competent jurisdiction to have defrauded the Company, any Affiliate of the Company or any customer of the Company; (c) Executive has made any materially false statement or misrepresentation in the Consulting Development Agreement to which this contract is a part; or (d) the termination by the Company of Executive’s employment because of Executive’s failure to meet the minimum standards of performance set forth in Exhibit A.
Termination By Company For Cause means a determination by the Plan Administrator that:
Termination By Company For Cause means a termination of the Executive caused by a determination of two-thirds of the Board, excluding the Executive if then a member of the Board, that one of the following events has occurred: The Executive has intentionally and continually breached or wrongfully failed and/or refused to fulfill and/or perform (i) any of the Executive's obligations, promises or covenants under this Agreement, or (ii) any of the warranties, obligations, promises or covenants in any agreement (other than this Agreement) entered into between the Company and the Executive, without cure, if any, as provided in such agreement; The Executive has intentionally failed and/or refused to obey any lawful and proper order or directive of the Board, and/or the Executive has intentionally interfered with the compliance by other employees of the Company with any such orders or directives; The Executive has intentionally breached the Executive's fiduciary duties to the Company; The Executive has intentionally caused the Company to be convicted of a crime, or to incur criminal penalties in material amounts; The Executive has committed: (i) any act of fraud, misrepresentation, theft, embezzlement or misappropriation, and/or any other dishonest act against the Company and/or any of its affiliates, subsidiaries, joint ventures; or (ii) any other offense involving moral turpitude, which offense is followed by conviction or by final action of any court of law; or (iii) a felony; The Executive repeatedly and intemperately used alcohol or drugs, to the extent that such use (i) interfered with or is likely to interfere with the Executive's ability to perform the Executive's duties, and/or (ii) endangered or is likely to endanger the life, health, safety, or property of the Executive, the Company or any other person; The Executive has intentionally demonstrated or committed such acts of racism, sexism or other discrimination as would tend to bring the Company into public scandal or ridicule, or could otherwise result in material and substantial harm to the Company's business, reputation, operations, affairs or financial position; and/or The Executive engaged in other conduct constituting legal cause for termination. No act, nor failure to act, on the Executive's part shall be considered "intentional" unless the Executive has acted, or failed to act, with a lack of good faith and with a lack of reasonable belief that the Executive's action or failure to act was in the best interests of the Company.