Common use of Capacity and Performance Clause in Contracts

Capacity and Performance. (a) The Executive will serve as the Company’s President and Chief Executive Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect the Executive to serve as a director of the Company until at least the next annual meeting of stockholders of the Company, and the Executive agrees to serve in such capacity without further compensation.

Appears in 2 contracts

Samples: Employment Agreement (Cambridge Heart Inc), Employment Agreement (Cambridge Heart Inc)

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Capacity and Performance. (a) The During the term hereof, the Executive will shall serve as the Company’s President Chairman and Chief Executive Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect In addition, and without further compensation, the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders and/or one or more of the Company, and the Executive agrees 's Affiliates if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 2 contracts

Samples: Employment Agreement (Provant Inc), Employment Agreement (Provant Inc)

Capacity and Performance. (a) The a. During the term hereof, the Executive will shall serve the Company as the Company’s President and its President, Chief Executive Officer at the pleasure and a Director of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect the Executive to serve as a director of the Company until at least the next annual meeting of stockholders of the Company, and the Executive agrees to serve in such capacity without further compensationcorporation.

Appears in 1 contract

Samples: Employment Agreement (Apollo Biopharmaceutics Inc)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve the Company as the Company’s its Chairman, President and Chief Executive Officer at the pleasure of the Board or until Officer. In addition, and without further compensation, the Executive resigns his employment with the Company. The Board of Directors will elect the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders one or more of the Company, and the Executive agrees 's Affiliates if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (Point Therapeutics Inc)

Capacity and Performance. (a) The a. During the term hereof, the Executive will shall serve the Company as the Company’s President and its Chief Executive Officer at the pleasure of the Board or until Officer. In addition, the Executive resigns his employment with the Company. The Board of Directors will elect the Executive to shall serve as a director Director of the Company until if so elected or appointed from time to time. Upon the expiration of his current term as a Director, and while the Executive continues to be employed hereunder, the Directors shall propose to the shareholders of the Company at least the next appropriate annual meeting the election or reelection of stockholders the Executive as a member of the Board. Executive acknowledges that he shall receive no additional compensation for his services as, or in his capacity of, a Director of the Company, and the Executive agrees to serve in such capacity without further compensation.

Appears in 1 contract

Samples: Employment Agreement (Mothernature Com Inc)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve the Company as the Company’s its President and Chief Executive Officer at Officer. In addition, and without further compensation, during the pleasure term hereof, if so elected or appointed from time to time, the Executive shall serve as a member of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect of the Executive Company (the “Board”) and, if so elected or appointed from time to time, also shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders one or more of the Company, and the Executive agrees to serve in such capacity without further compensation’s Affiliates.

Appears in 1 contract

Samples: Executive Employment Agreement (First Avenue Networks Inc)

Capacity and Performance. (a) The a. During the Term, Executive will shall serve the Company as its Chief Executive Officer, reporting to the Company’s President and Chief Executive Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect (the “Board”). In addition, and without further compensation, Executive to may also serve as a member of the Board. In addition, Executive may also serve as a director and/or officer of the Company until at least the next annual meeting of stockholders one or more of the Company’s Affiliates, and the Executive agrees if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (Microvision, Inc.)

Capacity and Performance. (a) The Executive will shall serve the Company as its Chief Financial Officer and Treasurer, reporting directly to the Company’s President and Chief Executive Officer at the pleasure of the Board or until Company (the “CEO”). In addition, and without further compensation, the Executive resigns his employment with the Company. The Board of Directors will elect the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders one or more of the Company, and the Executive agrees ’s Affiliates (as hereinafter defined) if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (LifeStance Health Group, Inc.)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve as the Company’s Chief Financial Officer & Executive Vice President and Chief Executive Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect In addition, and without further compensation, the Executive to shall serve as a director of the Company until at least the next annual meeting and an officer and/or director of stockholders one or more of the Company, and the Executive agrees 's subsidiaries if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) The Executive will serve as During the Company’s President and Chief Executive Officer at the pleasure of the Board or until term hereof, the Executive resigns his employment with shall serve the CompanyCompany as General Counsel. The Board of Directors will elect In addition, and without further compensation, the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders and/or one or more of the Company, and the Executive agrees ’s Affiliates if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (Albireo Pharma, Inc.)

Capacity and Performance. (a) The Executive will serve as During the Company’s President and Chief Executive Officer at the pleasure of the Board or until term hereof, the Executive resigns his employment with shall serve the CompanyCompany as Chief Regulatory Officer. The Board of Directors will elect In addition, and without further compensation, the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders and/or one or more of the Company, and the Executive agrees ’s Affiliates if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (Albireo Pharma, Inc.)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve as the Company’s President and Chief Executive Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect In addition, and without further compensation, the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders and/or one or more of the Company, and the Executive agrees 's Affiliates if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) The During the Term hereof, the Executive will shall serve the Company as the Company’s President and its Chief Executive Officer at the pleasure of and shall report to the Board or until of Directors. In addition, and without further compensation, the Executive resigns his employment with the Company. The Board of Directors will elect the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders one or more of the Company, and the Executive agrees 's Affiliates if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Agreement (Antigenics Inc /De/)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve as the Company’s President and Chief Executive Operating Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect In addition, and without further compensation, the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders and/or one or more of the Company, and the Executive agrees 's Affiliates if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve as the Company’s President and Chief Executive Operating Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect In addition, and without further compensation, the Executive to shall serve as a director of the Company until at least the next annual meeting and an officer and/or director of stockholders one or more of the Company, and 's subsidiaries if so elected or appointed from time to time. The Company agrees to nominate the Executive agrees for election to serve in such capacity without further compensationthe Board of Directors of the Company (the "Board") at the next regularly scheduled meeting of the Board following the Effective Date.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve as the Company’s President and Chief Executive Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect In addition, and without further compensation, the Executive shall be appointed to serve as a director member of the Board of Directors of the Company until (the “Board”). So long as Executive remains the Chief Executive Officer of the Company the Company will recommend to its stockholders that Executive be elected to the Board of Directors at least the next annual each meeting of stockholders of the Company, and the or in connection with each action by written consent pursuant to which Executive agrees to serve in such capacity without further compensationmay be elected.

Appears in 1 contract

Samples: Employment Agreement (AntriaBio, Inc.)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve as the Company’s President and Chief Executive Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect In addition, and without further compensation, the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders and/or one or more of the Company, 's subsidiaries if so elected or appointed from time to time. The Company and the Executive agrees to serve in such capacity without further compensationacknowledge that the Executive currently is a director of the Company.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve as the Company’s President Senior Vice President, Treasurer and Chief Executive Accounting Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect In addition, and without further compensation, the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders and/or one or more of the Company, and the Executive agrees 's subsidiaries if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve as the Company’s President and Chief Executive Officer at the pleasure Managing Director of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect In addition, and without further compensation, the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders and/or one or more of the Company, and the Executive agrees 's Affiliates if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) The 1.1 During the term hereof, the Executive will shall serve the Company as its President & CEO on a full-time basis and shall, at all times subject to the Company’s President directions and Chief Executive Officer at the pleasure instructions of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect the Executive to serve as a director of the Company until at least (the next annual meeting "Board"), have such authority as is ordinarily consistent with the position of stockholders President & CEO of the Company, with full power and authority to supervise and manage the Executive agrees to serve in business and affairs of the Company and its affiliates and such capacity without further compensationother matters as the Board of Directors may authorize.

Appears in 1 contract

Samples: Employment Agreement (Magic Lantern Group Inc)

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Capacity and Performance. (a) The a. During the term hereof, the Executive will shall serve the Company as the Company’s President and Chief Executive Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect In addition and without further compensation, the Executive to shall serve as a director Director of the Company until at least the next annual meeting of stockholders of the Company, and the Executive agrees if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (Benthos Inc)

Capacity and Performance. (a) The During the Term hereof, the Executive will shall serve as the Company’s President and Chief Executive Officer at the pleasure of the Board or until Company and shall have the Executive resigns his employment with responsibilities, duties and authorities reasonably assigned to him by the Company. The Board of Directors will elect the Executive to serve as a director of the Company until at least (the next annual meeting of stockholders of "Board"). The Executive shall report directly to the Company, and the Executive agrees to serve in such capacity without further compensationBoard.

Appears in 1 contract

Samples: Employment Agreement (Avery Communications Inc)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve as the Company’s President and Chief Executive Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect In addition, and without further compensation, the Executive to shall serve as a director and/or officer of the Company and/or one or more of the Company's subsidiaries if so elected or appointed from time to time. The Company and the Executive acknowledge and agree that the Executive shall become a director of the Company until at least the next annual meeting of stockholders as of the Company, and the Executive agrees to serve in such capacity without further compensationEffective Date.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve the Company as the Company’s its President and Chief Executive Officer at the pleasure of the Board or until Officer. In addition, and without further compensation, the Executive resigns his employment with the Company. The Board of Directors will elect the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders one or more of the Company, and ’s subsidiaries (including the Executive agrees Principal Subsidiary) if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Agreement (LifeCare Holdings, Inc.)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve the Company as the Company’s President and its Chief Executive Officer at the pleasure of the Board or until Officer. In addition, and without further compensation, the Executive resigns his employment with the Company. The Board of Directors will elect the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders domestic holding companies of the Company, and may serve as a director and/or officer of one or more of the Executive agrees Company's other Affiliates, if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (Us Can Corp)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve the Company as the Company’s its President and Chief Executive Officer at Officer. In addition, the pleasure Company shall promptly nominate and recommend the Executive for membership on the Board of Directors of the Company (the “Board”), and if so elected or appointed, without further compensation, during the term hereof, the Executive shall serve as a member of the Board and, if so elected or until the Executive resigns his employment with the Company. The Board of Directors will elect the Executive appointed from time to time, also shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders one or more of the Company, and the Executive agrees to serve in such capacity without further compensation’s Affiliates.

Appears in 1 contract

Samples: Executive Employment Agreement (FiberTower CORP)

Capacity and Performance. (a) The 3.1 During the term hereof, the Executive will shall serve the Company as the Company’s President and its Chief Executive Officer at the pleasure of the Board or until Officer. In addition, and without further compensation, the Executive resigns his employment with the Company. The Board of Directors will elect the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders one or more of the Company, and the Executive agrees ’s Affiliates if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (Animal Health International, Inc.)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve as the Company’s President and Chief Executive Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect So long as Executive remains the Chief Executive to serve as a director of the Company until at least the next annual meeting of stockholders Officer of the Company, and the Company will recommend to its stockholders that Executive agrees be elected to serve the Board of Directors of the Company (the “Board”) at each meeting of stockholders or in such capacity without further compensationconnection with each action by written consent pursuant to which Executive may be elected.

Appears in 1 contract

Samples: Employment Agreement (AntriaBio, Inc.)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve as the Company’s President and Chief Executive Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect In addition, and without further compensation, the Executive to shall serve as a director and/or officer of the Company until at least the next annual meeting of stockholders and/or one or more of the Company, and the Executive agrees 's Affiliates if so elected or appointed from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (Provant Inc)

Capacity and Performance. (a) The a. During the Term hereof, the Executive will shall serve the Company as the Company’s President Chief Financial Officer and Chief Executive Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect the Executive to serve as a director Treasurer of the Company until at least and any other office of the next annual meeting of stockholders Company as the Company shall determine in the sole discretion of the Company, and the Executive agrees to serve in such capacity without further compensation.

Appears in 1 contract

Samples: Employment Agreement (Benthos Inc)

Capacity and Performance. (a) The During his employment, the Executive will shall serve as the Company’s Chairman, President and Chief Executive Officer at the pleasure of the Board or until the Executive resigns his employment with the Company. The Board of Directors will elect In addition, if the Executive agrees to serve as a director of the Company until at least the next annual meeting or an officer and/or director of stockholders one or more of the Company's subsidiaries, and the Executive he agrees to serve in such capacity do so without further compensation.

Appears in 1 contract

Samples: Employment Agreement (Genrad Inc)

Capacity and Performance. (a) The During the term hereof, the Executive will shall serve the Company as the Company’s its President and Chief Executive Officer at the pleasure of the Board or until Officer. In addition, and without further compensation, the Executive resigns his employment with the Company. The Board of Directors will elect the Executive to shall serve as a director of the Company until at least Company, if so elected by the next annual meeting of stockholders of the Company, and shall serve as a director of one or more of the Executive agrees Company's Affiliates if so elected from time to serve in such capacity without further compensationtime.

Appears in 1 contract

Samples: Employment Agreement (Dover Saddlery Inc)

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