Subsequent Employment. If at any time while Officer is entitled to Severance Benefits hereunder Officer is employed (including employment by Company, employment by any other employer or any form of self-employment) then (a) Company may in its discretion at any time following the date of commencement of such employment, pay to Officer the aggregate remaining amounts to be paid to Officer under Section 3(A)(i) hereof in a lump sum; and (b) payments under Sections 3(A)(ii) and 3(A)(iii) hereof shall cease as of the date of commencement of such employment, but if payments under Sections 3(A)(ii) and 3(A)(iii) are made by Company subsequent to such date then Company may withhold the amount of any such payments from the amount otherwise to be paid pursuant to Section 3(A)(i) hereof, and Officer shall pay to Company on demand any such excess amount not so withheld, with such excess amount to bear interest at the rate provided in Section 1274(d)(2)(B) of the Code commencing thirty (30) days after such demand.
Appears in 6 contracts
Samples: Officer Severance Agreement (Rightchoice Managed Care Inc), Officer Severance Agreement (Rightchoice Managed Care Inc), Officer Severance Agreement (Rightchoice Managed Care Inc)
Subsequent Employment. If at any time while Officer is entitled to Severance Benefits hereunder Officer is employed (including employment by Company, employment by any other employer or any form of self-employment) then (a) Company may in its discretion at any time following the date of commencement of such employment, pay to Officer the aggregate remaining amounts to be paid to Officer under Section 3(A)(i) hereof in a lump sum; (b) benefits provided under Section 3(A)(iii) shall terminate, and (bc) payments under Sections 3(A)(ii) and 3(A)(iii3(A)(iv) hereof shall cease as of the date of commencement of such employment, but if payments under Sections 3(A)(ii) and 3(A)(iii3(A)(iv) are made by Company subsequent to such date then Company may withhold the amount of any such payments from the amount otherwise to be paid pursuant to Section 3(A)(i) hereof, and Officer shall pay to Company on demand any such excess amount not so withheld, with such excess amount to bear interest at the rate provided in Section 1274(d)(2)(B) of the Code commencing thirty (30) days after such demand.
Appears in 6 contracts
Samples: Officer Severance Agreement (Rightchoice Managed Care Inc /De), Officer Severance Agreement (Rightchoice Managed Care Inc /De), Officer Severance Agreement (Rightchoice Managed Care Inc /De)
Subsequent Employment. If at any time while Officer Executive is entitled to Executive Severance Benefits hereunder Officer hereunder, Executive is employed (including employment by Companythe Company or an Affiliate, employment by any other employer or any form of self-employment) then (a) Company may in its discretion at any time following the date of commencement of such employment, pay to Officer Executive the aggregate remaining amounts to be paid to Officer Executive under Section 3(A)(i3(B)(i) or 3(B)(ii)(a) hereof in a lump sum; and (b) payments for outplacement services and payments under Sections 3(A)(ii) and 3(A)(iiiSection 3(B)(ii)(b) hereof shall cease as of the date of commencement of such employment, but if payments for outplacement services and/or under Sections 3(A)(ii) and 3(A)(iiiSection 3(B)(ii)(b) are made by Company subsequent to such date then Company may withhold the amount of any such payments from the amount otherwise to be paid pursuant to Section 3(A)(i3(B)(ii)(a) hereof, and Officer Executive shall pay to Company on demand any such excess amount not so withheld, with such excess amount to bear interest at the rate provided in Section 1274(d)(2)(B) of the Code commencing thirty (30) days after such demand.
Appears in 5 contracts
Samples: Executive Severance Agreement (Rightchoice Managed Care Inc), Executive Severance Agreement (Rightchoice Managed Care Inc), Executive Severance Agreement (Rightchoice Managed Care Inc)
Subsequent Employment. If at any time while Officer is --------------------- entitled to Severance Benefits hereunder Officer is employed (including employment by Company, employment by any other employer or any form of self-employment) then (a) Company may in its discretion at any time following the date of commencement of such employment, pay to Officer the aggregate remaining amounts to be paid to Officer under Section 3(A)(i) hereof in a lump sum; and (b) payments under Sections 3(A)(ii) and 3(A)(iii) hereof shall cease as of the date of commencement of such employment, but if payments under Sections 3(A)(ii) and 3(A)(iii) are made by Company subsequent to such date then Company may withhold the amount of any such payments from the amount otherwise to be paid pursuant to Section 3(A)(i) hereof, and Officer shall pay to Company on demand any such excess amount not so withheld, with such excess amount to bear interest at the rate provided in Section 1274(d)(2)(B) of the Code commencing thirty (30) days after such demand.
Appears in 1 contract
Samples: Officer Severance Agreement (Rightchoice Managed Care Inc)
Subsequent Employment. If at any time while Officer Executive is --------------------- entitled to Executive Severance Benefits hereunder Officer hereunder, Executive is employed (including employment by Companythe Company or an Affiliate, employment by any other employer or any form of self-employment) then (a) Company may in its discretion at any time following the date of commencement of such employment, pay to Officer Executive the aggregate remaining amounts to be paid to Officer Executive under Section 3(A)(i3(B)(i) or 3(B)(ii)(a) hereof in a lump sum; and (b) payments for outplacement services and payments under Sections 3(A)(ii) and 3(A)(iiiSection 3(B)(ii)(b) hereof shall cease as of the date of commencement of such employment, but if payments for outplacement services and/or under Sections 3(A)(ii) and 3(A)(iiiSection 3(B)(ii)(b) are made by Company subsequent to such date then Company may withhold the amount of any such payments from the amount otherwise to be paid pursuant to Section 3(A)(i3(B)(ii)(a) hereof, and Officer Executive shall pay to Company on demand any such excess amount not so withheld, with such excess amount to bear interest at the rate provided in Section 1274(d)(2)(B) of the Code commencing thirty (30) days after such demand.
Appears in 1 contract
Samples: Executive Severance Agreement (Rightchoice Managed Care Inc)