Common use of For Cause by the Company Clause in Contracts

For Cause by the Company. The provisions of this Section 7(a) shall apply in the event that Executive's employment hereunder is terminated by the Company for "Cause". For purposes of this Agreement, "Cause" shall mean (i) Executive's willful and continued failure substantially to perform his duties hereunder (other than as a result of total or partial incapacity due to physical or mental illness), (ii) the willful commission by Executive of acts that are dishonest and demonstrably injurious to the Company, or (iii) an act or acts on Executive's part constituting a felony under the laws of the United States or any state thereof. If Executive is terminated for Cause, he shall be entitled to receive his Base Salary through the date of termination, and any accrued but unpaid amounts earned under any bonus program or profit-sharing plan. All other benefits due Executive following Executive's termination of employment pursuant to this Section 7(a) shall be determined in accordance with the plans, policies and practices of the Company at the time of such termination. Any Notice of Termination (as defined in subsection (i) of this Section 7), communicating the termination of Executive's employment pursuant to this Section 7(a) shall include a copy of a resolution duly adopted by the affirmative vote of not less than a majority of the entire membership of the Board at a meeting of the Board called and held for that purpose (after reasonable notice to Executive and reasonable opportunity for Executive, together with Executive's counsel, to be heard before the Board prior to such vote), finding that in the good faith opinion of the Board that any event constituting Cause for termination in accordance with this Section 7(a) has occurred and specifying the particulars thereof in detail.

Appears in 4 contracts

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

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For Cause by the Company. The provisions of this Section 7(a(i) shall apply in the event that Executive's employment hereunder is may be terminated by the Company for "Cause". ." For purposes of this Agreement, "Cause" shall mean (iA) Executive's willful and continued failure substantially to perform his duties hereunder (other than as a result or to follow reasonable directions of total or partial incapacity due the Parent Board within 10 business days after written notice to physical or mental illness)Executive of such failure, (iiB) the willful commission misconduct or willful malfeasance by Executive of acts that are dishonest and demonstrably injurious to the Companyin connection with his employment, (C) Executive's conviction of, or (iii) an act or acts on Executive's part plea of nolo contendere to, any crime constituting a felony under the laws of the United States or any state State thereof. If Executive is terminated for Cause, he shall be entitled to receive his Base Salary through the date of termination, and or any accrued but unpaid amounts earned crime constituting a misdemeanor under any bonus program such law involving moral turpitude or profit-sharing plan. All other benefits due Executive following (D) Executive's termination breach of employment pursuant to this Section 7(a) shall be determined in accordance with the plans, policies and practices any of the Company at the time provisions of this Agreement, which breach Executive has failed to cure within 10 business days after written notice to Executive of such terminationbreach. Any Notice of Termination (as defined in subsection (i) of this Section 7), communicating the termination of Executive's employment pursuant to this Section 7(a10(a) shall include be made by delivery to Executive of a copy of a resolution duly adopted by the affirmative vote of not less than a majority of the entire membership of the Parent Board at a meeting of the Parent Board called and held for that purpose (after reasonable 30 days prior written notice to Executive and a reasonable opportunity for Executive, together with Executive's counsel, Executive to be heard before the Parent Board prior to such vote), ) finding that in the good faith opinion judgment of the Board that Parent Board, Executive was guilty of conduct set forth in any event constituting Cause for termination in accordance with this Section 7(aof clauses (A) has occurred through (D) above and specifying the particulars thereof in detailthereof.

Appears in 2 contracts

Samples: Employment Agreement (Finlay Fine Jewelry Corp), Restricted Stock Agreement (Finlay Enterprises Inc /De)

For Cause by the Company. The provisions of this Section 7(a) shall apply in the event that Executive's employment hereunder is terminated by the Company for "Cause". For purposes of this Agreement, "Cause" shall mean (i) Executive's willful and continued failure substantially to perform his duties hereunder (other than as a result of total or partial incapacity due to physical or mental illness), (ii) the willful commission by Executive of acts that are dishonest and demonstrably injurious to the Company, or (iii) an act or acts on Executive's part constituting a felony under the laws of the United States or any state thereof. If Executive is terminated for Cause, he shall be entitled to receive his Base Salary through the date of termination, and any accrued but unpaid amounts mounts earned under any bonus program or profit-sharing plan. All other benefits due Executive following Executive's termination of employment pursuant to this Section 7(a) shall be determined in accordance with the plans, policies and practices of the Company at the time of such termination. Any Notice of Termination (as defined in subsection (i) of this Section 7), communicating the termination of Executive's employment pursuant to this Section 7(a) shall include a copy of a resolution duly adopted by the affirmative vote of not less than a majority of the entire membership of the Board at a meeting of the Board called and held for that purpose (after reasonable notice to Executive and reasonable opportunity for Executive, together with Executive's counsel, to be heard before the Board prior to such vote), finding that in the good faith opinion of the Board that any event constituting Cause for termination in accordance with this Section 7(a) has occurred and specifying the particulars thereof in detail.

Appears in 1 contract

Samples: Employment Agreement (Microfinancial Inc)

For Cause by the Company. The provisions of this Section 7(a) shall apply in the event that ExecutiveDirector's employment hereunder is terminated by the Company for "Cause". For purposes of this Agreement, "Cause" shall mean (i) ExecutiveDirector's willful and continued failure substantially to perform his duties hereunder (other than as a result of total or partial incapacity due to physical or mental illness), (ii) the willful commission by Executive Director of acts that are dishonest and demonstrably injurious to the Company, or (iii) an act or acts on ExecutiveDirector's part constituting a felony under the laws of the United States or any state thereof. If Executive Director is terminated for Cause, he shall be entitled to receive his Base Salary through the date of termination, and any accrued but unpaid amounts earned under any bonus program or profit-sharing plan. All other benefits due Executive Director pursuant to this Agreement following ExecutiveDirector's termination of employment pursuant to this Section 7(a) shall be determined in accordance with the plans, policies and practices of the Company at the time of such termination. Any Notice of Termination (as defined in subsection (iSection 7(d) of this Section 7hereof), communicating the termination of ExecutiveDirector's employment pursuant to this Section 7(a) ), shall include a copy of a resolution duly adopted by the affirmative vote of not less than a majority of the entire membership of the Board at a meeting of the Board called and held for that purpose (after reasonable notice to Executive Director and reasonable opportunity for ExecutiveDirector, together with ExecutiveDirector's counsel, to be heard before the Board prior to such vote), finding that in the good faith opinion of the Board that any an event constituting Cause for termination in accordance with this Section 7(a) has occurred and specifying the particulars thereof in detail.

Appears in 1 contract

Samples: Employment Agreement (Microfinancial Inc)

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For Cause by the Company. The provisions of this Section 7(a) shall apply in the event that ExecutiveEmployee's employment hereunder is terminated by the Company for "Cause". For purposes of this Agreement, "Cause" shall mean (i) ExecutiveEmployee's willful and continued failure substantially to perform his duties hereunder (other than as a result of total or partial incapacity due to physical or mental illness), (ii) the willful commission by Executive Employee of acts that are dishonest and demonstrably injurious to the Company, or (iii) an act or acts on ExecutiveEmployee's part constituting a felony under the laws of the United States or any state thereof. If Executive Employee is terminated for Cause, he shall be entitled to receive his Base Salary through the date of termination, and any accrued but unpaid amounts earned under any bonus program or profit-sharing plan. All other benefits due Executive Employee following ExecutiveEmployee's termination of employment pursuant to this Section 7(a) shall be determined in accordance with the plans, policies and practices of the Company at the time of such termination. Any Notice of Termination (as defined in subsection (i) of this Section 7), communicating the termination of Executive's employment pursuant to this Section 7(a) for Cause shall include be effected by a written notice that includes a copy of a resolution duly adopted by the affirmative vote of not less than a majority of the entire membership of the Board at a meeting of the Board called and held for that purpose (after reasonable notice to Executive Employee and reasonable opportunity for ExecutiveEmployee, together with ExecutiveEmployee's counsel, to be heard before the Board prior to such vote), finding that in the good faith opinion of the Board that any an event constituting Cause for termination in accordance with this Section 7(a) has occurred and specifying the particulars thereof in detail.

Appears in 1 contract

Samples: Employment Agreement (Pri Automation Inc)

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