In Contemplation. In the event Executive is terminated in Contemplation of a Change in Control, Executive shall receive the amounts under Section 3 hereof, provided that, if the Change of Control actually occurs and that Change in Control satisfies the requirements of Treasury Regulation 1.409A-3(i)(5), upon such Change in Control an extra payment and vesting shall be immediately made to Executive of any difference between the amounts due under Section 3 and the amounts due under Section 4.
Appears in 3 contracts
Sources: Change in Control and Severance Agreement (Novatel Wireless Inc), Change in Control and Severance Agreement (Novatel Wireless Inc), Change in Control and Severance Agreement (Wet Seal Inc)