Common use of Payments After Termination Clause in Contracts

Payments After Termination. (i) The Executive shall be entitled to salary and benefits under this Agreement (including (x) unreimbursed expenses incurred in the performance of his duties prior to the date of termination, and for which he would be entitled to reimbursement under Section 4(h), to the extent documentation therefor is promptly, and in any event within 45 days of termination, provided to FB&T, (y) unused vacation time in accordance with FB&T’s policies, and (z) any vested benefits as of the date of his termination) through the date of any termination pursuant to Section 8(a), including any bonus determined to be payable with respect to a completed fiscal year and not yet paid, but not including any bonus payment with respect to the year in which termination occurs. Subject to any right to elect COBRA continuation coverage or similar state group health continuation law coverage, and, except as provided in Section 8(d)(ii), the Executive’s right to salary and benefits shall immediately terminate upon the effective date of termination of this Agreement under Section 8(a). (ii) If the Executive’s employment is terminated during the Initial Term pursuant to Section 8(a)(ii) or 8(a)(iv), and provided (1) the Executive has executed a written release to FB&T in the form attached hereto as Exhibit A and the revocation or rescission period specified therein has expired without revocation or rescission by the Executive, and (2) the Executive has continued to comply with the provisions of this Agreement intended to survive termination, including but not limited to the Executive’s obligations under Sections 5, 6, 7 and 8(e) of this Agreement, then, in addition to the payments described in Section 8(d)(i), (y) FB&T shall continue to pay Executive’s Base Salary for the remainder of Initial Term, and (z) any unvested RSUs previously awarded to Executive pursuant to Section 4(e) of this Agreement shall immediately vest as of the effective date of Executive’s termination, subject to the terms of the LTIP, with any performance-related measure being deemed fully achieved.

Appears in 2 contracts

Sources: Employment Agreement (Heartland Financial Usa Inc), Employment Agreement (Heartland Financial Usa Inc)

Payments After Termination. (i) The Executive shall be entitled to salary and benefits under this Agreement (including (x) unreimbursed expenses incurred in the performance of his duties prior to the date of termination, and for which he would be entitled to reimbursement under Section 4(h) and Section 4(i), to the extent documentation therefor is promptly, and in any event within 45 days of termination, provided to FB&T, (y) unused vacation time in accordance with FB&T’s policies, and (z) any vested benefits as of the date of his termination) through the date of any termination during the Term pursuant to Section 8(a), including any bonus determined to be payable with respect to a completed fiscal year and not yet paid, but not including any bonus payment with respect to the year in which termination occurs. Subject to any right to elect COBRA continuation coverage or similar state group health continuation law coverage, and, except as provided in Section 8(d)(ii), the Executive’s right to salary and benefits shall immediately terminate upon the effective date of termination of this Agreement under Section 8(a). (ii) If the Executive’s employment is terminated during the Initial Term pursuant to Section 8(a)(ii) or 8(a)(iv), and provided (1A) the Executive has executed a written release to FB&T in the form attached hereto as Exhibit A and the revocation or rescission period specified therein has expired without revocation or rescission by the Executive, and (2B) the Executive has continued to comply with the provisions of this Agreement intended to survive termination, including but not limited to the Executive’s obligations under Sections 5, 6, 7 and 8(e) of this Agreement, then, in addition to the payments described in Section 8(d)(i), (y) FB&T shall continue to pay Executive’s Base Salary for the remainder of the Initial Term, and (z) any unvested RSUs previously awarded to Executive pursuant to Section 4(e) of this Agreement shall immediately vest as of the effective date of Executive’s termination, subject to the terms of the LTIP, with any performance-related measure being deemed fully achieved.

Appears in 2 contracts

Sources: Employment Agreement (Heartland Financial Usa Inc), Employment Agreement (Heartland Financial Usa Inc)

Payments After Termination. (i) The Executive shall be entitled to salary and benefits under this Agreement (Agreement, including (x) unreimbursed expenses incurred in the performance of his duties prior to the effective date of termination, and for which he would be entitled to reimbursement under Section 4(h), to the extent documentation therefor for such expenses is promptly, and in any event within 45 days of termination, provided to FB&Tthe Surviving Bank, (y) unused vacation time in accordance with FB&Tthe Surviving Bank’s policies, and (z) any vested benefits as of the effective date of his termination) , through the date of any termination pursuant to Section 8(a), including any bonus determined to be payable with respect to a completed fiscal year and not yet paid, but not including any bonus payment with respect to the year in which termination occurs. Subject to any right to elect COBRA continuation coverage or similar state group health continuation law coverage, and, except as provided in Section 8(d)(ii) through (iv), the Executive’s right to salary and benefits shall immediately terminate upon the effective date of termination of this Agreement under Section 8(a). (ii) If the Executive’s employment is terminated during the Initial Term pursuant to under Section 8(a)(ii) or 8(a)(iv)) during the Initial Term, and provided (1) the Executive has executed a written release to FB&T in favor of the Surviving Bank in the form attached hereto as Exhibit A and the revocation or rescission period specified therein has expired without revocation or rescission by the Executive, and (2) the Executive has continued to comply with the provisions of this Agreement intended to survive termination, including but not limited to the Executive’s obligations under Sections 5, 6, 7 and 8(e) of this Agreement, then, in addition to the payments described in Section 8(d)(i), (yw) FB&T the Surviving Bank shall continue to pay Executive’s Base Salary in regular payroll intervals in accordance with the Company’s standard payroll practices for the remainder duration of Initial Termthe Executive’s obligations under Sections 6(a) through (c), (x) the Surviving Bank shall pay Executive the additional gross amount of $2,000 per month towards Executive’s health insurance premiums for the duration of the Executive’s obligations under Sections 6(a) through (c), (y) the Surviving Bank shall pay the full amount of the Guaranteed Annual Bonuses and the Annual Retention Bonuses on or about the dates contemplated by this Agreement, and (z) any unvested RSUs previously awarded to Executive pursuant to Section 4(e) of this Agreement shall immediately vest as of the effective date of Executive’s termination, subject to the terms of the LTIP. (iii) If the Executive’s employment is terminated under Section 8(a)(v) during the Initial Term, and provided (1) the Executive has executed a written release in favor of the Surviving Bank in the form attached hereto as Exhibit A and the revocation period specified therein has expired without revocation by the Executive, and (2) the Executive has continued to comply with the provisions of this Agreement intended to survive termination, including but not limited to the Executive’s obligations under Sections 5, 6, 7 and 8(e) of this Agreement, then, in addition to the payments described in Section 8(d)(i), the Surviving Bank shall pay Executive’s Base Salary in regular payroll intervals in accordance with the Company’s standard payroll practices for the remainder of duration of the Executive’s obligations under Sections 6(a) through (c) and shall pay the Guaranteed Annual Bonuses on or about the dates contemplated by this Agreement. (iv) If the Executive’s employment is terminated under Section 8(a)(ii) or 8(a)(iv) following the Initial Term, and provided (1) the Executive has executed a written release to the Surviving Bank in the form attached hereto as Exhibit A and the revocation period specified therein has expired without revocation by the Executive, and (2) the Executive has continued to comply with the provisions of this Agreement intended to survive termination, including but not limited to the Executive’s obligations under Sections 5, 6, 7 and 8(e) of this Agreement, then, in addition to the payments described in Section 8(d)(i), (x) the Surviving Bank shall continue to pay Executive’s Base Salary in regular payroll intervals in accordance with the Company’s standard payroll practices for the duration of the Executive’s obligations under Sections 6(a) through (c), (y) the Surviving Bank shall pay Executive the additional gross amount of $2,000 per month towards Executive’s health insurance premiums for the duration of the Executive’s obligations under Sections 6(a) through (c), and (z) any performance-related measure being deemed fully achievedunvested RSUs previously awarded to Executive pursuant to Section 4(e) of this Agreement shall immediately vest as of the effective date of Executive’s termination, subject to the terms of the LTIP. (v) If the Executive’s employment is terminated under Section 8(a)(v) following the Initial Term, and provided (1) the Executive has executed a written release to the Surviving Bank in the form attached hereto as Exhibit A and the revocation period specified therein has expired without revocation by the Executive, and (2) the Executive has continued to comply with the provisions of this Agreement intended to survive termination, including but not limited to the Executive’s obligations under Sections 5, 6, 7 and 8(e) of this Agreement, then, in addition to the payments described in Section 8(d)(i), the Surviving Bank shall continue to pay Executive’s Base Salary in regular payroll intervals in accordance with the Company’s standard payroll practices for the duration of the Executive’s obligations under Sections 6(a) through (c).

Appears in 1 contract

Sources: Employment Agreement (Heartland Financial Usa Inc)

Payments After Termination. (i) The Executive shall be entitled to salary and benefits under this Agreement (Agreement, including (x) unreimbursed expenses incurred in the performance of his duties prior to the effective date of termination, and for which he would be entitled to reimbursement under Section 4(h), to the extent documentation therefor for such expenses is promptly, and in any event within 45 days of termination, provided to FB&Tthe Surviving Bank, (y) unused vacation time in accordance with FB&Tthe Surviving Bank’s policies, and (z) any vested benefits as of the effective date of his termination) , through the date of any termination pursuant to Section 8(a), including any bonus determined to be payable with respect to a completed fiscal year and not yet paid, but not including any bonus payment with respect to the year in which termination occurs. Subject to any right to elect COBRA continuation coverage or similar state group health continuation law coverage, and, except as provided in Section 8(d)(ii) through (iv), the Executive’s right to salary and benefits shall immediately terminate upon the effective date of termination of this Agreement under Section 8(a). (ii) If the Executive’s employment is terminated during the Initial Term pursuant to under Section 8(a)(ii) or 8(a)(iv)) during the Initial Term, and provided (1) the Executive has executed a written release to FB&T in favor of the Surviving Bank in the form attached hereto as Exhibit A and the revocation or rescission period specified therein has expired without revocation or rescission by the Executive, and (2) the Executive has continued to comply with the provisions of this Agreement intended to survive termination, including but not limited to the Executive’s obligations under Sections 5, 6, 7 and 8(e) of this Agreement, then, in addition to the payments described in Section 8(d)(i), (yw) FB&T the Surviving Bank shall continue to pay Executive’s Base Salary in regular payroll intervals in accordance with the Company’s standard payroll practices for the remainder duration of Initial Termthe Executive’s obligations under Sections 6(a) through (c), (x) the Surviving Bank shall pay Executive the additional gross amount of $2,000 per month towards Executive’s health insurance premiums for the duration of the Executive’s obligations under Sections 6(a) through (c), (y) the Surviving Bank shall pay the full amount of the Guaranteed Annual Bonuses and the Annual Retention Bonuses on or about the dates contemplated by this Agreement, and (z) any unvested RSUs previously awarded to Executive pursuant to Section 4(e) of this Agreement shall immediately vest as of the effective date of Executive’s termination, subject to the terms of the LTIP. (iii) If the Executive’s employment is terminated under Section 8(a)(v) during the Initial Term, and provided (1) the Executive has executed a written release in favor of the Surviving Bank in the form attached hereto as Exhibit A and the revocation period specified therein has expired without revocation by the Executive, and (2) the Executive has continued to comply with the provisions of this Agreement intended to survive termination, including but not limited to the Executive’s obligations under Sections 5, 6, 7 and 8(e) of this Agreement, then, in addition to the payments described in Section 8(d)(i), the Surviving Bank shall continue to pay Executive’s Base Salary in regular payroll intervals in accordance with the Company’s standard payroll practices for the duration of the Executive’s obligations under Sections 6(a) through (c) and shall pay the Guaranteed Annual Bonuses on or about the dates contemplated by this Agreement. (iv) If the Executive’s employment is terminated under Section 8(a)(ii) or 8(a)(iv) following the Initial Term, and provided (1) the Executive has executed a written release to the Surviving Bank in the form attached hereto as Exhibit A and the revocation period specified therein has expired without revocation by the Executive, and (2) the Executive has continued to comply with the provisions of this Agreement intended to survive termination, including but not limited to the Executive’s obligations under Sections 5, 6, 7 and 8(e) of this Agreement, then, in addition to the payments described in Section 8(d)(i), (x) the Surviving Bank shall continue to pay Executive’s Base Salary in regular payroll intervals in accordance with the Company’s standard payroll practices for the duration of the Executive’s obligations under Sections 6(a) through (c), (y) the Surviving Bank shall pay Executive the additional gross amount of $2,000 per month towards Executive’s health insurance premiums for the duration of the Executive’s obligations under Sections 6(a) through (c), and (z) any performance-related measure being deemed fully achievedunvested RSUs previously awarded to Executive pursuant to Section 4(e) of this Agreement shall immediately vest as of the effective date of Executive’s termination, subject to the terms of the LTIP. (v) If the Executive’s employment is terminated under Section 8(a)(v) following the Initial Term, and provided (1) the Executive has executed a written release to the Surviving Bank in the form attached hereto as Exhibit A and the revocation period specified therein has expired without revocation by the Executive, and (2) the Executive has continued to comply with the provisions of this Agreement intended to survive termination, including but not limited to the Executive’s obligations under Sections 5, 6, 7 and 8(e) of this Agreement, then, in addition to the payments described in Section 8(d)(i), the Surviving Bank shall continue to pay Executive’s Base Salary in regular payroll intervals in accordance with the Company’s standard payroll practices for the duration of the Executive’s obligations under Sections 6(a) through (c).

Appears in 1 contract

Sources: Employment Agreement (Heartland Financial Usa Inc)

Payments After Termination. (i) The Executive shall be entitled to salary and benefits under this Agreement (including (x) unreimbursed expenses incurred in the performance of his duties prior to the date of termination, and for which he would be entitled to reimbursement under Section 4(h), to the extent documentation therefor is promptly, and in any event within 45 days of termination, provided to FB&Tthe Surviving Bank, (y) unused vacation time in accordance with FB&Tthe Surviving Bank’s policies, and (z) any vested benefits as of the date of his termination) through the date of any termination pursuant to Section 8(a), including any bonus determined to be payable with respect to a completed fiscal year and not yet paid, but not including any bonus payment with respect to the year in which termination occurs. Subject to any right to elect COBRA continuation coverage or similar state group health continuation law coverage, and, except as provided in Section 8(d)(ii), the Executive’s right to salary and benefits shall immediately terminate upon the effective date of termination of this Agreement under Section 8(a). (ii) If the Executive’s employment is terminated during the Initial Term pursuant to under Section 8(a)(ii) or 8(a)(iv), and provided (1) the Executive has executed a written release to FB&T the Surviving Bank in the form attached hereto as Exhibit A and the revocation or rescission period specified therein has expired without revocation or rescission by the Executive, and (2) the Executive has continued to comply with the provisions of this Agreement intended to survive termination, including but not limited to the Executive’s obligations under Sections 5, 6, 7 and 8(e) of this Agreement, then, in addition to the payments described in Section 8(d)(i), (yx) FB&T the Surviving Bank shall continue to pay Executive’s Base Salary for the remainder of Initial Termthe Non-Competition Period, if any, and (zy) any unvested RSUs previously awarded to Executive pursuant to Section 4(e) of this Agreement shall immediately vest as of the effective date of Executive’s termination, subject to the terms of the LTIP, with any performance-related measure being deemed fully achieved.

Appears in 1 contract

Sources: Employment Agreement (Heartland Financial Usa Inc)

Payments After Termination. (i) The Executive shall be entitled to salary and benefits under this Agreement (including (x) unreimbursed expenses incurred in the performance of his duties prior to the date of termination, and for which he would be entitled to reimbursement under Section 4(h4(g), to the extent documentation therefor is promptly, and in any event within 45 days of termination, provided to FB&Tthe Surviving Bank, (y) unused vacation time in accordance with FB&Tthe Surviving Bank’s policies, and (z) any vested benefits as of the date of his termination) through the date of any termination pursuant to Section 8(a), including any bonus determined to be payable with respect to a completed fiscal year and not yet paid, but not including any bonus payment with respect to the year in which termination occurs. Subject to any right to elect COBRA continuation coverage or similar state group health continuation law coverage, and, except as provided in Section 8(d)(ii), the Executive’s right to salary and benefits shall immediately terminate upon the effective date of termination of this Agreement under Section 8(a). (ii) If the Executive’s employment is terminated during the Initial Term pursuant to under Section 8(a)(ii) or 8(a)(iv), and provided (1) the Executive has executed a written release to FB&T in favor of the Surviving Bank and the Company in the form attached hereto as Exhibit A and the revocation or rescission period specified therein has expired without revocation or rescission by the Executive, and (2) the Executive has continued to comply with the provisions of this Agreement intended to survive termination, including but not limited to the Executive’s obligations under Sections 5, 6, 7 and 8(e) of this Agreement), then, in addition to the payments described in Section 8(d)(i), (y) FB&T shall continue to pay Executive’s Base Salary for the remainder of Initial Term, and (zx) any unvested RSUs previously awarded to the Executive pursuant to Section 4(e4(d) of this Agreement shall immediately vest as of the effective date of the Executive’s termination, subject to the terms of the LTIP, with and (y) the Surviving Bank shall continue to pay the Executive’s Base Salary for one year from the date of termination of employment, so long as the Executive has not committed any performance-related measure being deemed fully achievedmaterial breach of this Agreement. Notwithstanding the foregoing, if the Company and the Surviving Bank elect not to renew this Agreement following the expiration of the Initial Term pursuant to Section 2, any unvested RSUs previously awarded to the Executive pursuant to Section 4(d) of this Agreement shall immediately vest as of the last day of the Initial Term, subject to the terms of the LTIP.

Appears in 1 contract

Sources: Employment Agreement (Heartland Financial Usa Inc)