Severance Agreement and Release. In the event that Executive incurs a termination of employment pursuant to (i) a Termination Without Cause (as defined in Section 4.2 above), or (ii) a Termination With Good Reason (as defined in Section 4.3 above), payment by the Company of the amounts described in said sections shall be subject to the execution by Executive of the Company's standard severance agreement and release (the "Release"). The Release shall be delivered to Executive, in the case of a Termination Without Cause, at the time of delivery of the Termination Notice, and, in the case of a Termination With Good Reason, upon delivery of written notice by the Executive to the Company. Executive shall have a period of thirty (30) days after the effective date of termination of this Agreement (the "Consideration Period") in which to execute and return the original, signed Release to the Company. If Executive delivers the original, signed Release to the Company prior to the expiration of the Consideration Period, then the Severance Period shall be deemed to have commenced as of the first day of the Consideration Period and Executive shall be entitled to the amounts and benefits set forth in Section 4.2 or 4.3, as the case may be. If Executive does not deliver the original, signed Release to the Company prior to the expiration of the Consideration Period, then:
Severance Agreement and Release. In the event that Executive’s employment hereunder is terminated pursuant to (i) a Termination Without Cause (as defined in Section 4.2 above) or (ii) a Termination With Good Reason (as defined in Section 4.3 above), payment by the Company of the amounts described in said sections shall be subject to the execution and delivery to the Company by Executive of a severance agreement and release (the “Release”) in a form substantially and materially similar to Attachment A hereto within the applicable time period described below. The Release shall be delivered to Executive, in the case of a Termination Without Cause, at the time of delivery of the Termination Notice, and, in the case of a Termination With Good Reason, upon delivery of written notice by Executive to the Company. Executive shall have a period of twenty-one (21) days (or, if required by applicable law, a period of forty-five (45) days) after the effective date of termination of Executive’s employment hereunder (the “Consideration Period”) in which to execute and return the original, signed Release to the Company. If Executive delivers the original, signed Release to the Company prior to the expiration of the Consideration Period and does not thereafter revoke such Release within any period of time provided therefor under applicable law, Executive shall, subject to Sections 4.8,
Severance Agreement and Release. As a condition to your receiving severance in accordance with this Paragraph 2.C, upon your resignation or the termination of your employment, you agree to promptly execute and not revoke a written severance agreement, which release will be provided to you within ten (10) days of your termination date, containing normal and customary provisions, including but not limited to, a release releasing Cerner from any claims against Cerner related to your employment with Cerner that you might have at the time of or following the termination of your employment, and reasonable and customary representations and warranties.
Severance Agreement and Release. In the event that Executive incurs a termination of employment pursuant to (i) a Termination Without Cause (as defined in Section 4.2 above), or
Severance Agreement and Release. In the event that Executive's employment hereunder is terminated pursuant to (i) a Termination Without Cause (as defined in Section 4.2 above) or (ii) a Termination With Good Reason (as defined in Section 4.3 above), in either case, payment by the Company of the amounts and benefits described in said sections shall be subject to the execution and delivery to the Company by Executive of a severance agreement and release of claims in favor of the Company and its Affiliates (the "Release") in a form substantially and materially similar to Attachment A hereto within the applicable time period described below. If the Company does not deliver an alternate release to Executive as the "substantially and materially similar Release" hereunder within two (2) business days after the date of his termination under Sections 4.2 or 4.3 hereunder, then the Company agrees that Executive may use the Release appended as Attachment A as the designated "Release" hereunder for all purposes. Executive shall have a period of twenty-one (21) days (or, if required by applicable law, a period of forty-five (45) days) after the effective date of termination of Executive's employment hereunder (the "Consideration Period") in which to execute and return the signed Release to the Company. If Executive does not deliver the signed Release to the Company prior to the expiration of the Consideration Period, or if Executive delivers the signed Release to the Company prior to the expiration of the Consideration Period and thereafter revokes such Release within any period of time provided therefor under applicable law, then:
Severance Agreement and Release. Upon a Separation from Service, the Corporate Senior Officer must execute an agreement acknowledging the Separation from Service with the Bank that includes an outline of the severance pay, retention pay (if applicable), and benefits package available to the Corporate Senior Officer, and a general waiver by the Corporate Senior Officer of any claims against the Bank in order to be eligible to receive any benefits or payments under this Policy (the “Severance Agreement and Release”). The Corporate Senior Officer will have a specified period of time of at least one week (the “Specified Period”) within which to sign and return an executed version of the Severance Agreement and Release, with the Severance Agreement and Release becoming irrevocable. If a Corporate Senior Officer signs the Severance Agreement and Release after the Specified Period has expired, the Corporate Senior Officer will receive two weeks of base salary for each full year of service, not to exceed twelve months of base salary, upon signing the Severance Agreement and Release. If a Corporate Senior Officer is unwilling to sign the Severance Agreement and Release within the time period stated in the Severance Agreement and Release, the Corporate Senior Officer will not receive any severance pay or benefits pursuant to the Policy. In such a case, the Human Resources Department of the Bank should be notified so that any problem the Corporate Senior Officer perceives can be discussed and, if possible, resolved.
Severance Agreement and Release. If Executive’s employment hereunder is terminated pursuant to a Termination Without Cause (as defined in Section 4.2 above) or a Termination With Good Reason (as defined in Section 4.3 above), or on account of Executive’s Disability (as defined in Section 4.4 above), payment by the Company of the amounts described in said sections shall be subject to the execution and delivery to the Company by Executive (or by Executive’s legal representative, if applicable), within the applicable time period described below, of a severance agreement and release (the “Release”) in a form that is reasonably satisfactory to the Company and consistent with the form of severance agreement and release then used by the Company for senior executives. The Release shall be delivered to Executive, in the case of a Termination Without Cause, at the time of delivery of the Termination Notice, in the case of a Termination With Good Reason, upon delivery of written notice by Executive to the Company, and in the case of Executive’s Disability, as soon as reasonably practicable following the date on which Executive’s Disability occurs. Executive shall have a period of 21 days (or, if required by applicable law, a period of 45 days) after the effective date of termination of Executive’s employment hereunder (the “Consideration Period”) in which to execute and return the original, signed Release to the Company. If Executive delivers the original, Active 14594896.1 signed Release to the Company prior to the expiration of the Consideration Period and does not thereafter revoke such Release within the seven-day period immediately following the Consideration Period as provided therefor under applicable law (such seven-day period, the “Revocation Period”), Executive shall, subject to Section 4.7 below, be entitled to the Severance Installments, Severance Lump-Sum Payment and Benefits Payments as described in Section 4.2 (including by reason of Section 4.3, if applicable) or the Severance Amount described in Section 4.4(c), as applicable. In such event, aggregate Severance Installments or that portion of the Severance Amount, as applicable, equal to one-twelfth of Executive’s Base Salary in effect at the date of termination of Executive’s employment hereunder shall constitute consideration for Executive’s delivery of the Release pursuant to this Section 4.6 (the “Release Consideration”). If Executive does not deliver the original, signed Release to the Company prior to the expiration of the Cons...
Severance Agreement and Release. As a precondition to obtaining any severance benefits under this Agreement, Executive agrees to execute the attached form of Severance Agreement and Release of Claims within twenty-one (21) days of his Termination of Employment unless he agrees to a shorter period of time for consideration of the Severance Agreement and Release of Claims. The parties have duly executed this Agreement to be effective as of the date first written above. BEVERLY ENTERPRISES, INC. EXECUTIVE By: ---------------------------------------- ------------------------------ William R. Floyd Jeffrey P. Freimark Xxxxxxxx, Xxesident and Chief Executixx Xxxxxxx Xx: ---------------------------------------- Douglas J. Babb Executive Vice President, Law and Governmxxx Xxxxxxxxx xnd Secretary DEMAND PROMISSORY NOTE $194,092.47 Fort Smith, Arkansas December 31, 2001 ON DEMAND, FOR VALUE RECEIVED, the undersigned, JEFFREY P. FREIMARK ("Maker"), promises to pay to BEVERLY ENTERPRISES, XXX. ("Xxxxxx"), at One Thousand Beverly Way, Foxx Xxxxh, Arkansas 72919, or such other place as Holdex xxx xxxxxx xx xxxxxxx xxxxxx to Maker, the principal sum of ONE HUNDRED NINETY FOUR THOUSAND NINETY TWO DOLLARS and 47/100 ($194,092.47), plus interest thereon at the applicable federal rate as provided in Section 1 below. Principal, together with all accrued and unpaid interest thereon shall be due and payable upon demand at the address of Holder set forth above.
Severance Agreement and Release. Re: Xxxxx Xxxx and ActivIdentity Corporation I, Xxxxx Xxxx ("Executive") acknowledge that I have voluntarily resigned my employment with ActivIdentity Corporation, and its affiliates and subsidiaries (collectively, the "Company") effective on November 1, 2007 (the "Resignation Date"). Despite termination of my employment duties, I will remain on the Board of Directors of the Company and will be obligated to faithfully perform the duties of a director. This Severance Agreement and Release (the "Release") is in consideration of the commitments made by the parties released hereby, all of which commitments are set forth in this document. The Company agrees for the benefit of Executive:
Severance Agreement and Release. In the event that Employee incurs a termination of employment pursuant to a Termination With Good Reason (as defined in Section 7(c) above), payment by the Company of the amounts described in said sections shall be subject to the execution by Employee of the Company's standard severance agreement and release (the "Release"), a copy of which is attached hereto as Exhibit "A" and made a part hereof. Employee shall have a period of thirty (30) days after the effective date of termination of this Agreement (the "Consideration Period") in which to execute and return the original, signed Release to the Company. If Employee delivers the original, signed Release to the Company prior to the expiration of the Consideration Period, then the Severance Period shall be deemed to have commenced as of the first day of the Consideration Period and Employee shall be entitled to the amounts and benefits set forth in Section 7(b) or 7(c), as the case may be. If Employee does not deliver the original, signed Release to the Company prior to the expiration of the Consideration Period, then:
