Common use of Definition of Change of Control Clause in Contracts

Definition of Change of Control. “Change of Control” shall mean (i) a Change of Ownership; (ii) a Change in Effective Control; or (iii) a Change of Asset Ownership; in each case, as defined herein and as further defined and interpreted in Section 409A.

Appears in 10 contracts

Sources: Employment Agreement, Employment Agreement (Entegra Financial Corp.), Employment Agreement (Entegra Financial Corp.)

Definition of Change of Control. As used herein, “Change of Control” shall mean (i) the occurrence of a Change “change in the ownership,” a “change in the effective control” or a “change in the ownership of Ownership; (ii) a Change in Effective Control; or (iii) a Change substantial portion of Asset Ownership; in each casethe assets” of the Company, as defined herein and as further defined and interpreted determined in Section 409A.accordance with this definition. In determining whether an event shall be considered a “change in the ownership,” a “change in the effective control” or a “change in the ownership of a substantial portion of the assets” of the Company, the following provisions shall apply:

Appears in 8 contracts

Sources: Employment Agreement (TomoTherapy Inc), Employment Agreement (TomoTherapy Inc), Employment Agreement (TomoTherapy Inc)

Definition of Change of Control. For purposes of this Agreement, a “Change of Control” shall will mean (i) a the first to occur of the following, provided that such Change of Ownership; (ii) Control qualifies as a Change change in Effective Control; ownership, change in effective control or (iii) a Change change in ownership of Asset Ownership; in each case, as defined herein and as further defined and interpreted in a substantial portion of assets of Legacy within the meaning of Section 409A.409A of the Code:

Appears in 4 contracts

Sources: Employment Agreement (Legacy Reserves Lp), Employment Agreement (Legacy Reserves Lp), Employment Agreement (Legacy Reserves Lp)

Definition of Change of Control. “Change of Control” shall mean (i) a Change of Ownership; (ii) a Change in Effective Control; or (iii) a Change of Asset Ownership; in each case, as defined herein and as further defined and interpreted in Section 409A.means

Appears in 2 contracts

Sources: Note Purchase Agreement (Union Electric Co), Note Purchase Agreement (Union Electric Co)

Definition of Change of Control. For purposes of this Agreement, “Change of Control” shall mean (i) the closing of a Change merger, consolidation, liquidation or reorganization of Ownership; (ii) a Change in Effective Control; the Company into or (iii) a Change of Asset Ownership; in each casewith another company or other legal person, as defined herein and as further defined and interpreted in Section 409A.after which merger, consolidation, liquidation or reorganization the capital stock of

Appears in 1 contract

Sources: Change of Control/Severance Agreement

Definition of Change of Control. “Change of Control” shall mean means the occurrence of a “change in the ownership of the Company,” a “change in the effective control of the Company,” or a “change in the ownership of a substantial portion of the Company’s assets” (i) a Change of Ownership; (ii) a Change in Effective Control; or (iii) a Change of Asset Ownership; in each case, as such terms are defined herein and as further defined and interpreted in Section 409A.below).

Appears in 1 contract

Sources: Performance Share Award Agreement (Neenah Paper Inc)

Definition of Change of Control. As used herein, a “Change of Control” shall mean (i) a Change of Ownership; (ii) a Change in Effective Control; or (iii) a Change of Asset Ownership; in each case, as defined herein and as further defined and interpreted in Section 409A.mean:

Appears in 1 contract

Sources: Executive Employment Agreement (Vivakor, Inc.)

Definition of Change of Control. For purposes of this Agreement, the term “Change of Control” shall mean (i) for an Optionee who is a party to an employment agreement with the Company or an Affiliate which agreement provides for a definition of “Change of Ownership; Control” therein, “Change of Control” shall have the same meaning as provided for in such agreement, or (ii) for an Optionee who is not a Change in Effective Control; or (iii) a party to such an agreement, “Change of Asset Ownership; in each case, as defined herein and as further defined and interpreted in Section 409A.Control” shall mean the earliest of the following to occur:

Appears in 1 contract

Sources: Stock Option Agreement (Gevo, Inc.)