Common use of Involuntary Termination Other Than During a Change of Control Period Clause in Contracts

Involuntary Termination Other Than During a Change of Control Period. Subject to the provisions of Sections 5.6 and 5.7 hereof, if Executive’s employment by Company or any successor thereto shall be subject to an Involuntary Termination which occurs prior to the date that Change of Control Period begins or after the expiration of a Change of Control Period, then Company shall, as additional compensation for services rendered to Company (including its subsidiaries), pay to Executive the following amounts and take the following actions: (a) Pay Executive a lump sum cash payment in an amount equal to Executive’s Annual Base Salary on or before the Payment Date. (b) During the portion, if any, of the 12-month period commencing on the date of such Involuntary Termination that Executive is eligible to elect and elects to continue coverage for himself and his eligible dependents under Company’s or a subsidiary’s group health plans, as applicable, under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended, and/or Sections 601 through 608 of the Employee Retirement Income Security Act of 1974, as amended, Company shall promptly reimburse Executive on a monthly basis for the difference between the amount Executive pays to effect and continue such coverage and the employee contribution amount that active senior executive employees of Company pay for the same or similar coverage under such group health plans; provided, however, that such reimbursement shall cease to be effective if and to the extent Executive becomes eligible to receive medical and/or dental coverage from a subsequent employer (and any such eligibility shall be promptly reported to Company by Executive).

Involuntary Termination Other Than During a Change of Control Period. Subject to the provisions of Sections 5.6 and 5.7 hereof, if Executive’s employment by Company or any subsidiary thereof or successor thereto shall be subject to an Involuntary Termination which occurs prior to the date that Change of Control Period begins or after the expiration of a Change of Control Period, then Company shall, as additional compensation for services rendered to Company (including its subsidiaries), pay to Executive the following amounts and take the following actions: (a) Pay Executive a lump sum cash payment in an amount equal to Executive’s Annual Base Salary on or before the Payment Date. (b) During the portion, if any, of the 12-month period commencing on the date of such Involuntary Termination that Executive is eligible to elect and elects to continue coverage for himself and his eligible dependents under Company’s or a subsidiary’s group health plans, as applicable, under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended, and/or Sections 601 through 608 of the Employee Executive Retirement Income Security Act of 1974, as amended, Company shall promptly reimburse Executive on a monthly basis for the difference between the amount Executive pays to effect and continue such coverage and the employee Executive contribution amount that active senior executive employees Executives of Company pay for the same or similar coverage under such group health plans; provided, however, that such reimbursement shall cease to be effective if and to the extent Executive becomes eligible to receive medical and/or dental coverage from a subsequent employer (and any such eligibility shall be promptly reported to Company by Executive). (c) If Executive’s employment with Company is subject to a termination due to Executive’s death or Disability, any and all outstanding options to purchase common stock or stock grants of Company held by Executive shall become fully vested and immediately exercisable in full as of the Payment Date and shall cause any and all restricted shares of the Company’s common stock held by Executive to become immediately nonforfeitable as of the Payment Date.