Payments Upon Certain Terminations. (i) In the event of a termination of Executive's employment during the Employment Period by the Company Without Cause, or a termination by Executive of his employment for Good Reason (any such termination, a "Qualifying Termination"), the Company shall pay to Executive (or, following his death, to Executive's beneficiaries) (A) his full Base Salary through the Date of Termination, plus any earned but unpaid annual Bonus under the Bonus Plan for the Bonus Year prior to year in which the Qualifying Termination occurs, plus all accrued and unused vacation for the year in which the Qualifying Termination occurs, through the Date of Termination; and (B) as liquidated damages in respect of claims based on provisions of this Agreement or Executive's employment with the Company and provided Executive executes and delivers a general release of all claims in form and substance mutually satisfactory to Executive and the Company, an additional amount equal to two times the sum of his Base Salary at the rate in effect hereunder immediately prior to the Qualifying Termination, payable in a single lump sum within 60 days after the Date of Termination. In addition, upon a Qualifying Termination, Executive is entitled to retain all of his vested LTI Shares. (ii) In the event of a termination of Executive's employment during the Employment Period by either the Company for Cause or by Executive without Good Reason, or as a result of Executive's death or Disability, the Company shall pay Executive (or, in the event of his death, his beneficiaries) his full Base Salary through the Date of Termination, plus any earned but unpaid annual Bonus under the Bonus Plan for the Bonus Year prior to the year in which the employment termination occurs, plus all accrued and unused vacation for the year in which the termination of employment occurs, through the Date of Termination. In addition, upon a termination described in this Section 6(f)(ii), Executive is entitled to retain all of his vested LTI Shares.
Appears in 1 contract
Sources: Employment Agreement (Gentek Inc)
Payments Upon Certain Terminations. (i) 1. In the event of a termination of Executive's ’s employment during the Employment Period (A) by Executive for Good Reason or (B) by the Company Without Cause, or a termination by Executive without Cause at any time following the occurrence of his employment for the event constituting Good Reason (any as described in the written notice to the applicable Company) but prior to the date that the Good Reason event is cured by the applicable Company (such termination, a "“Qualifying Termination"”), the Company in addition to any other remedy that Executive may have under law or equity, GenTek Technologies shall pay to Executive (or, following his death, to Executive's ’s beneficiaries) ): (A) his full Base Salary through the Date of Termination, plus any earned but unpaid annual Annual Bonus under the Bonus Plan for the Bonus Year prior to year in which the Qualifying Termination occurs, plus all accrued and unused vacation for the year in which the Qualifying Termination occurs, through the Date of Termination; and (B) as liquidated damages in respect of claims based on provisions of this Agreement or Executive's employment with the Company and provided Executive executes and delivers a general release of all claims (other than the claims relating to collection of the Material Payments) in the form attached hereto as Exhibit B no later than fifty (50) days following the Date of Termination and substance mutually satisfactory to Executive and the Companydoes not revoke such release, an additional amount equal to two one (1) times the sum of his Base Salary at the rate in effect hereunder immediately prior to the Qualifying Termination, ; payable in a single lump sum within 60 sixty (60) days after the Date of Termination. In addition, upon the event of a Qualifying Termination, Executive is entitled the terms of the award agreements shall govern the Executive‘s rights with respect to retain all of his vested LTI Sharesequity awards.
(ii) 2. In the event of a termination of Executive's ’s employment during the Employment Period by either the Company for Cause or by Executive without Good Reason, or as other than a result of Executive's death or DisabilityQualifying Termination, the Company Companies shall pay Executive (or, in the event of his death, his beneficiaries) his full Base Salary and Fee, if applicable, through the Date of Termination, plus any earned but unpaid annual Bonus under the Bonus Plan for the Bonus Year prior to the year in which the employment termination occurs, plus all accrued and unused vacation for the year in which the termination of employment occurs, through the Date of Termination. In addition, upon the event of a termination described in this Section 6(f)(ii)of Executive’s employment other than a Qualifying Termination, Executive is entitled the terms of the award agreements shall govern the Executive‘s rights with respect to retain all of his vested LTI Sharesequity awards.
Appears in 1 contract
Sources: Employment Agreement (Gentek Inc)