Poor Performance means the consistent failure of Executive to meet reasonable performance expectations (other than any such failure resulting from incapacity due to physical or mental illness); provided, however, that termination for Poor Performance will not be effective unless at least 30 days prior to such termination Executive has received written notice from the CEO or the Board which specifically identifies the manner in which the CEO or the Board believes that Executive has not met performance expectations and Executive has failed after receipt of such notice to resume the diligent performance of his duties to the satisfaction of the CEO or the Board; and
Poor Performance means the failure by the Executive to perform the duties of his office to the satisfaction of the Board or the Chief Executive Officer of the Company as approved by the Board. Poor performance shall be exclusively determined by the Board or the Chief Executive Officer as approved by the Board.
Poor Performance means a finding by a majority of the non-officer members of each of the Boards of Directors of UNB and the Bank that, in the good faith opinion of each such majority: (i) the Executive's performance of his duties was sufficiently unsatisfactory to merit termination, and (ii) prior notice of such unsatisfactory performance was given to the Executive without cure having occurred. In making such a finding, the Board of Directors shall utilize the input of the Chief Executive Officer ("CEO") unless the CEO is being terminated.
Examples of Poor Performance in a sentence
Subject to the terms and conditions stated herein, the Retention Bonus (or any portion of the Retention Bonus), if earned, will be paid within 30 business days after the earlier of: (1) the end of the Retention Period; (2) the effective date that Capital One terminates your employment for a reason other than Cause or Poor Performance; or (3) the date the parties to the Merger Agreement agree to discontinue the Merger, if that date is on or after October 1, 2024.
You will not earn the Retention Bonus (or the Partial Retention Bonus) in the event that, during the Retention Period: (1) you end your employment with Capital One; (2) your employment with Capital One ends for reasons not caused by Capital One; (3) Capital One terminates your employment due to Poor Performance; or (4) Capital One terminates your employment for Cause.
For the avoidance of doubt, if Capital One terminates your employment for a reason other than Cause or Poor Performance on or after October 1, 2024, you will earn the Partial Retention Bonus.
More Definitions of Poor Performance
Poor Performance means Executive’s willful and continued failure to perform substantially the duties of Executive’s position after a written demand for substantial performance is delivered to him which specifically identifies the nature of such unacceptable performance, and which is not cured by Executive within a reasonable period, not to exceed sixty (60) days. For purposes of the definition in of “Poor Performance” as used herein, no act, or failure to act, on Executive’s part shall be deemed “willful” unless done, or omitted to be done, by Executive not in good faith and without reasonable belief that Executive’s action or omission was in the best interest of the Company.
Poor Performance means Employee’s failure to substantially perform Employee’s duties with Employer (other than any such failure resulting from incapacity due to physical or mental illness), and Employee’s inability to cure such failure to Employer’s reasonable satisfaction within 90 days following Employer’s delivery to Employee of a written demand for substantial performance which specifically identifies the manner in which Employer believes that Employee has substantially failed to perform Employee’s duties.
Poor Performance means a failure of Officer to properly meet, in the sole discretion of Employer, the duties and responsibilities of Officer's position in a competent fashion.
Poor Performance means Executive’s consistent failure to meet reasonable performance expectations and goals which are established by Employer and communicated to Executive (other than any such failure resulting from incapacity due to physical or mental illness); provided, however, that termination for Poor Performance shall not be effective unless at least 30 days prior to such termination Executive shall have received written notice from the Chief Executive Officer or the Board which specifically identifies the manner in which Executive has not met the prescribed performance expectations and goals and Executive shall not have corrected such failure or made substantial and material progress in correcting such failure to the satisfaction of the Chief Executive Officer or the Board. * * * * * Except as expressly amended hereby, the Employment Agreement remains in full force and effect in accordance with its terms. Notwithstanding the foregoing, to the extent that there is any inconsistency between the provisions of the Employment Agreement and this Amendment, the provisions of this Amendment shall control. This Amendment shall be governed by and construed in accordance with the laws of the State of New Jersey applicable to contracts made and to be wholly performed therein.
Poor Performance means the Participant has failed or refused to substantially perform the material duties related to the Participant’s employment or other engagement with the Company or its Subsidiaries on a regular basis and such refusal or failure shall have continued for a period of twenty (20) days after written notice to the Participant by the Participant’s line manager and/or Human Resources specifying such refusal or failure in reasonable detail.
Poor Performance means work products or work behaviors that fail to meet accepted standards of professional behavior and performance, such as:
Poor Performance means, the Executive’s continued failure to substantially perform the Executive’s duties as Special Advisor hereunder in a satisfactory manner after a written demand for substantial performance from the Chair of the Board is delivered to him, which specifically identifies the nature of such failure, and which failure, if curable, is not cured by him within a reasonable period (not less than ten (10) days and not to exceed thirty (30) days) as determined by the Chair of the Board; provided, that the notice and cure periods in this Section 3(f)(iii)(4) shall be reduced if, during the Transition Period, the Executive receives notice from the Company of a deficiency allowing the Company to terminate the Executive’s employment for “Poor Performance” (as defined in the Employment Agreement), by the number of days in the Transition Period following such notice.