Common use of Effective Conditions Clause in Contracts

Effective Conditions. The effectiveness of the amendment in Section 2 above and the payment of the Bonus contemplated thereunder is subject to the satisfaction of all of the following conditions (the "Effective Conditions"): (a) On or before the Effective Date, the delivery by the Executive of a waiver (in the form attached as Exhibit A) of all Parachute Payments due to or receivable by the Executive under any other plan, arrangement or agreement between the Executive and the Company, other than as provided under the Original Agreement, as hereby amended. (b) Approval (in accordance with Section 280G(b)(5)(B) of the Code) by the shareholders of the Company and PFMI of the amendment in Section 2 hereof and the payment of the Bonus thereunder (said approval date being the "Effective Date") before the closing of the Transaction. (c) The Change of Control occurs within six months of the Effective Date.

Appears in 1 contract

Sources: Employment Agreement (Pierre Foods Inc)

Effective Conditions. The effectiveness of the amendment in Section 2 above herein and the payment of the Bonus contemplated thereunder is subject to the satisfaction of all of the following conditions (the "Effective Conditions"): (a) On or before the Effective Date, the delivery by the Executive of a waiver (in the form attached as Exhibit A) of all Parachute Payments due to or receivable by the Executive under any other plan, arrangement or agreement between the Executive and the Company, other than as provided under the Original Agreement, as hereby amended. (b) Approval (in accordance with Section 280G(b)(5)(B) of the CodeCode ) by the shareholders of the Company and PFMI of the amendment in Section 2 hereof and the payment of the Bonus thereunder (said approval date being the "Effective Date") before the closing of the Transaction. (c) The Change of Control occurs within six months of the Effective Date.

Appears in 1 contract

Sources: Employment Agreement (Pierre Foods Inc)

Effective Conditions. The effectiveness of the amendment amendments in Section 2 above herein and the payment of the Bonus contemplated thereunder is subject to the satisfaction of all of the following conditions (the "Effective Conditions"): (a) On or before the Effective Date, the delivery by the Executive of a waiver (in the form attached as Exhibit A) of all Parachute Payments due to or receivable by the Executive under any other plan, arrangement or agreement between the Executive and the Company, other than as provided under the Original Incentive Agreement, as hereby amended. (b) Approval (in accordance with Section 280G(b)(5)(B) of the Code) by the shareholders of the Company and PFMI of the amendment amendments in Section 2 hereof and the payment of the Bonus thereunder (said approval date being the "Effective Date") before the closing of the Transaction. (c) The Change of Control occurs within six months of the Effective Date.

Appears in 1 contract

Sources: Incentive Agreement (Pierre Foods Inc)