Common use of Immediately upon Clause in Contracts

Immediately upon. a Change in Control (as defined in Section 11), and regardless of whether or not Executive is retained by the new company, the Company will pay Executive twelve (12) months’ pay based on Executive’s then current base salary, to be paid in accordance with the Company’s regular payroll practices (“Change in Control Compensation”). If Executive’s employment with the new company thereafter terminates under any circumstance within 12 months of such Change in Control, Executive will not be entitled to the severance pay provided for under Section 5(b)(iii) hereof other than in an amount equivalent to such portion of the Change in Control Compensation that Executive has not then already received.

Immediately upon. a Change in Control (as defined in Section 11), and regardless of whether or not Executive is retained by the new company, the Company will pay Executive twelve (12) months’ pay based on Executive’s then current base salaryBase Salary, to be paid in accordance with the Company’s regular payroll practices (“Change in Control Compensation”). If Executive’s employment with the new company thereafter terminates under any circumstance within 12 months of such Change in Control, Executive will not be entitled to the severance pay provided for under Section 5(b)(iii) hereof other than in an amount equivalent to such portion of the Change in Control Compensation that Executive has not then already received.