Common use of CHANGE IN CORPORATE CONTROL Clause in Contracts

CHANGE IN CORPORATE CONTROL. To the extent you have not previously vested in your rights with respect to this Award, your Award will become - [ ] ___% vested if your Continuous Service ends due to your death or "disability" within the meaning of Section 409A of the Code; [ ] ___% vested if your Continuous Service ends due to your retirement at or after you have attained the age of ___ and completed at least ___ full years of Continuous Service; [ ] according to the following schedule if your Continuous Service ends due to an Involuntary Termination that occurs within the one year period following a Change in Control: Date on which Your Involuntary Termination Portion of Your Award Occurs (by reference to Date of Award) As to which Vesting Accelerates ------------------------------------------ ------------------------------- Before 1st Anniversary 0% Between 1st and 2nd Anniversary ___% After 2nd Anniversary ___%

Appears in 2 contracts

Sources: Stock Option Award Agreement (Commerce Energy Group, Inc.), Employment Agreement (Commerce Energy Group, Inc.)