Common use of Effect of Termination Without Cause Clause in Contracts

Effect of Termination Without Cause. If Employee’s employment is terminated “Without Cause” pursuant to Section 7.2: (a) (i) If there is three (3) or more years remaining on the Team of this Agreement at the time of termination, Employee shall be paid in a lump sum amount within thirty (30) days of such termination an amount equal to the product obtained by multiplying the annual base salary then in effect times the number of years (including fractions thereof) remaining on the Term of this Agreement at the time of termination; or (h) if there is less than three (3) years remaining on the Term of this Agreement at the time of Termination, Employee shall be paid in a lump sum amount within thirty (30) days of such termination an amount equal to 2.9 times the base salary as set forth in Section 3.1. (b) Employee shall be entitled to reimbursement for expenses accrued through the date of termination in accordance with the provisions of Section 4.1 hereof. (c) Employee shall be entitled to receive all amounts of additional Bonuses under Section 3.2 hereof through the expiration of the Term hereof, which amounts shall be calculated by reference to the average quarterly bonuses received by Employee during the two (2) years immediately prior to such termination, or such shorter period of time if the Commencement Date is less than two (2) years prior to the date of termination. (d) Employee shall be entitled to receive all benefits as would have been awarded under Section 3.4 hereof through the expiration of the Term hereof; which benefits shall be awarded as and when the same would have been awarded under the Agreement had it not been terminated. (e) Except as provided in Article XI, this Agreement shall thereupon terminate and cease to be of any further force or effect.

Appears in 4 contracts

Sources: Employment Agreement (WellTek Inc), Employment Agreement (WellTek Inc), Employment Agreement (Pharmacity Corp)

Effect of Termination Without Cause. If Employee’s employment is terminated “Without Cause” pursuant to Section 7.2: (a) (i) If there is three (3) or more years remaining on the Team Term of this Agreement at the time of terminationTermination, Employee shall be paid in a lump sum amount within thirty (30) 30 days of such termination an amount equal to the product obtained by multiplying the annual base salary then as set forth in effect Section 3.1 times the number of years (including fractions thereof) remaining on the Term of this Agreement at the time of termination; or (hii) if there is less than three (3) years remaining on the Term of this Agreement at the time of Termination, Employee shall be paid in a lump sum amount within thirty (30) 30 days of such termination an amount equal to 2.9 times the base salary as set forth in Section 3.1. (b) Employee shall be entitled to reimbursement for expenses accrued through the date of termination in accordance with the provisions of Section 4.1 hereof. (c) Employee shall be entitled to receive all amounts of additional Bonuses under Section 3.2 hereof through the expiration of the Term hereof, which amounts shall be calculated by reference to based on the average quarterly bonuses received by Employee during the two (2) years immediately prior to then current Company projections and paid within 30 days of such termination, or such shorter period of time if the Commencement Date is less than two (2) years prior to the date of termination. (d) Employee shall be entitled to receive all benefits as would have been awarded under Section 3.4 hereof through the expiration of the Term hereof; , which benefits shall be awarded as and when the same would have been awarded under the Agreement had it not been terminated. (e) All unvested Option Shares granted to Employee shall immediately vest in full. (f) Except as provided in Article XI, this Agreement shall thereupon terminate and cease to be of any further force or effect.

Appears in 2 contracts

Sources: Employment Agreement (Paincare Holdings Inc), Employment Agreement (Paincare Holdings Inc)

Effect of Termination Without Cause. If the Employee’s 's employment is terminated Without Cause” pursuant to Section 7.2:: 9 (a) (i) If there is three (3) or more years remaining on the Team of this Agreement at the time of termination, The Employee shall be paid in a lump sum amount within thirty (30) days of such termination an amount equal entitled to accrued salary through the product obtained by multiplying the annual base salary then in effect times the number of years (including fractions thereof) remaining on the Term of this Agreement at the time date of termination; or (h) if there is less than three (3) years remaining on the Term of this Agreement at the time of Termination, Employee shall be paid in a lump sum amount within thirty (30) days of such termination an amount equal to 2.9 times the base salary as set forth in Section 3.1.; (b) The Employee shall be entitled to reimbursement for expenses accrued through the date of termination in accordance with the provisions of Section 4.1 hereof., and (c) Subject to Section 7.5 and except in the case of a termination Without Cause under Section 7.2(d), the Employee shall be entitled to receive all amounts of additional Bonuses salary as would have been payable under Section 3.2 3.1 hereof through the expiration of the Term hereofScheduled Termination Date, which amounts shall be calculated by reference to the average quarterly bonuses received by Employee during the two (2) years immediately prior to such termination, or such shorter period of time if the Commencement Date is less than two (2) years prior to the date of termination. (d) Employee shall be entitled to receive all benefits as would have been awarded under Section 3.4 hereof through the expiration of the Term hereof; which benefits shall be awarded paid as and when the same would have been awarded payable under the Agreement had it not been terminated.; (d) Subject to Section 7.5 and except in the case of a termination Without Cause under Section 7.2(d), the Employee shall be entitled to received all medical, hospital and dental coverage and benefits as would have been payable under Section 3.3 hereof through the Scheduled Termination Date, which amounts shall be paid as and when the same would have been payable under the Agreement had it not been terminated, and if the Employee is not entitled to participate in any such benefit plan under the terms thereof following the termination, then the Company shall provide the Employee with substantially identical coverage and benefits; (e) Subject to Section 7.5, if the Employee is participating in a Company bonus plan as of the date of termination, he shall be entitled to an accrued bonus through the date of termination, computed on a per diem basis based upon the bonus which would have otherwise been payable to the Employee for the fiscal year during which the date of termination falls had the Agreement not been terminated, computed on the same basis as in effect immediately prior to the date of termination, which bonus shall be paid as and when the same would have otherwise been payable under the bonus plan had the Agreement not been terminated; and (f) Except as provided in Article XI11 and the Stock Option Agreement, this Agreement shall thereupon terminate and cease to be of any no further force or effect.

Appears in 1 contract

Sources: Employment Agreement (Hechinger Co)

Effect of Termination Without Cause. If Employee’s 's employment is terminated "Without Cause” pursuant to Section 7.2": (a) (i) If there is three (3) or more years remaining on the Team of this Agreement at the time of termination, Employee shall be paid in a lump sum amount within thirty (30) days of such termination an amount equal to the product obtained by multiplying the annual base salary then in effect times the number of years (including fractions thereof) remaining on the Term of this Agreement at the time of termination; or (h) if there is less than three (3) years remaining on the Term of this Agreement at the time of Termination, Employee shall be paid in a lump sum amount within thirty (30) days of such termination an amount equal to 2.9 times the base salary as set forth in Section 3.1. (b) Employee shall be entitled to reimbursement for expenses accrued base salary under Section 3.1 hereof through the date of termination in accordance with the provisions of Section 4.1 hereofEffective Termination Date. (c) Employee shall be entitled to receive all amounts of additional Bonuses under Section 3.2 hereof through the expiration of the Term hereof, which amounts shall be calculated by reference to the average quarterly bonuses received by Employee during the two (2) years immediately prior to such termination, or such shorter period of time if the Commencement Date is less than two (2) years prior to the date of termination. (db) Employee shall be entitled to receive all benefits as would have been awarded available under Section 3.4 hereof through the expiration date which is the earlier of (i) one (1) year from the Effective Termination Date or (ii) the last day of the remaining Initial Term hereof; or Renewal Term of this Agreement, as the case may be, which benefits shall be awarded available as and when the same would have been awarded available under the Agreement had it not been terminated. (c) Employee shall be entitled to reimbursement for expenses accrued through the Effective Termination Date in accordance with the provisions of Section 4.1 hereof. (d) Employee shall be entitled to receive all amounts of incentive compensation as would have been payable under Section 3.2 and 3.3 hereof through the Initial Term or Renewal Term of the Agreement, as the case may be, which amounts shall be paid as and when the same would have been paid under the Agreement had it not been terminated. Notwithstanding the foregoing, Employee, in accordance with Section 3.3(e) of this Agreement, shall become fully vested in all Options granted under Section 3.3. (e) Employee shall be entitled to a lump sum severance payment in an amount equal to One Hundred Seventy-Five thousand dollars ($175,000.00) or such prorata portion thereof if the remaining Initial Term or Renewal Term of this Agreement, as the case may be, is less than one (1) year. Except as provided in Article XI, this Agreement shall thereupon terminate and cease to be of any further force or effect.

Appears in 1 contract

Sources: Employment Agreement (Medical Industries of America Inc)

Effect of Termination Without Cause. If Employee’s 's employment is terminated "Without Cause” pursuant to Section 7.2": (a) Employee shall be entitled to the lesser of: (i) If there is three one (31) years base salary, or more years remaining on (ii) the Team of this Agreement at the time of termination, Employee shall be paid in a lump sum amount within thirty (30) days of such termination an amount equal to the product obtained by multiplying the annual base salary then in effect times for the number of years (including fractions thereof) remaining on the Term of this Agreement at Agreement, if the time of termination; or (h) if there remaining Term is less than three one (31) years remaining on the Term of this Agreement at the time of Termination, Employee shall be paid in a lump sum amount within thirty (30) days of such termination an amount equal to 2.9 times the base salary as set forth in Section 3.1year. (b) Employee shall be entitled to reimbursement for expenses accrued through the date of termination in accordance with the provisions of Section 4.1 hereof. (c) Employee shall be entitled to receive all amounts amounts, if any, of additional Bonuses bonuses under Section 3.2 hereof through the expiration period which is the lesser of : (i) one (1) year from the date of termination, or (ii) the remaining Term hereofof this Agreement, if the remaining Term is less than one (1) year, which amounts shall be calculated by reference to the average quarterly bonuses received by Employee during the two (2) years immediately prior to such termination, or such shorter period of time if the Commencement Date is less than two (2) years prior to the date of paid upon termination. (d) Employee shall be entitled to receive all benefits as would have been awarded under Section 3.4 hereof through the expiration period which is the lesser of : (i) one (1) year from the date of termination, or (ii) the remaining Term hereof; of this Agreement, if the remaining Term is less than one (1) year, which benefits shall be awarded as and when the same would have been awarded under the Agreement had it not been terminated. (e) All unvested Option Shares under Section 3.3 hereof shall immediately vest in full but shall be subject to the provisions of the Company's year 2000 Stock Option Plan. (f) The Liquidation Event Payment under Section 3.5 shall be paid within 30 days of such termination. (g) Except as provided in Article XI, this Agreement shall thereupon terminate and cease to be of any further force or effect.

Appears in 1 contract

Sources: Employment Agreement (Compass Knowledge Holdings Inc)