Common use of Circumstances Triggering Receipt of Severance Benefits Clause in Contracts

Circumstances Triggering Receipt of Severance Benefits. (a) The Company shall provide the Executive with the benefits set forth in Section 5 upon any termination of the Executive's employment by the Company within 18 months following a Change in Control for any reason except the following: (i) Termination by reason of the Executive's death, provided the Executive has not previously given a valid Notice of Termination (as defined in Section 4) pursuant to Subsection 3(b); (ii) Termination by reason of the Executive's disability. For the purpose hereof, "disability" shall be defined as the Executive's inability by reason of illness or other physical or mental disability to perform the duties required by his employment for any consecutive period of 180 calendar days, provided that notice of any termination by the Company because of the Executive's disability shall have been given to the Executive prior to the full resumption by him of the performance of such duties;

Appears in 2 contracts

Sources: Senior Executive Termination Benefits Agreement (Telco Systems Inc /De/), Senior Executive Termination Benefits Agreement (Telco Systems Inc /De/)

Circumstances Triggering Receipt of Severance Benefits. (a) The Company shall provide the Executive with the benefits set forth in Section Sections 5 and 6 upon any termination of the Executive's employment by the Company within 18 months three years following a Change in Control for any reason except the following: (i) Termination by reason of the Executive's death, provided the Executive has not previously given a valid Notice of Termination (as defined in Section 4) pursuant to Subsection 3(b);valid (ii) Termination by reason of the Executive's disability. For the purpose purposes hereof, "disability" shall be defined as the Executive's inability by reason of illness or other physical or mental disability to perform the duties required by his employment for any consecutive period of 180 calendar days, provided that notice of any termination by the Company because of the Executive's disability shall have been given to the Executive Execu- tive prior to the full resumption by him of the performance of such duties;

Appears in 1 contract

Sources: Senior Executive Termination Benefits Agreement (Telco Systems Inc /De/)

Circumstances Triggering Receipt of Severance Benefits. (a) The Company shall provide the Executive with the benefits set forth in Section 5 upon any termination of the Executive's employment by the Company within 18 months following a Change in Control for any reason except the following: (i) Termination by reason of the Executive's death, provided the Executive has not previously given a valid Notice of Termination (as defined in Section 4) pursuant to Subsection 3(b); ; (ii) Termination by reason of the Executive's disability. For the purpose hereof, "disability" shall be defined as the Executive's inability by reason of illness or other physical or mental disability to perform the duties required by his employment for any consecutive period of 180 calendar days, provided that notice of any termination by the Company because of the Executive's disability shall have been given to the Executive prior to the full resumption by him of the performance of such duties;

Appears in 1 contract

Sources: Senior Executive Termination Benefits Agreement (Telco Systems Inc /De/)