Resignation of Executive. If a Change in Control shall occur and if thereafter, at any time, there shall be: a. Any involuntary termination of Executive's employment (other than for Cause); b. Any reduction in Executive's title, responsibilities or authority, including such title, responsibilities or authority as such may be increased from time to time; c. Any reduction in Executive's Salary in effect immediately prior to a Change in Control, or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally; d. Any reassignment of Executive beyond a thirty (30) minute commute by automobile from Boyertown, Pennsylvania; or e. Any requirement that Executive travel in performance of his duties on behalf of NPB or an Affiliate for a greater period of time during any year than was required of Executive during the year preceding the year in which the Change in Control occurred; then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of each and every of the foregoing events, the Executive may resign from employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing (the "Notice of Termination") to NPB, and the Continuing Compensation and Benefits' provisions of this Agreement shall apply.
Appears in 6 contracts
Sources: Executive Agreement (National Penn Bancshares Inc), Executive Agreement (National Penn Bancshares Inc), Executive Agreement (National Penn Bancshares Inc)
Resignation of Executive. If a Change in Control shall occur and if thereafter, at any time, there shall be:
a. Any involuntary termination of Executive's employment (other than for Cause);
b. Any reduction in Executive's title, responsibilities or authority, including such title, responsibilities or authority as such may be increased from time to time;
c. Any reduction in Executive's Salary in effect immediately prior to a Change in Control, or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally;
d. Any reassignment of Executive beyond a thirty (30) minute commute by automobile from Boyertown, Pennsylvania; or
e. Any requirement that Executive travel in performance of his duties on behalf of NPB or an Affiliate for a greater period of time during any year than was required of Executive during the year preceding the year in which the Change in Control occurred; then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of each and every any of the foregoing events, the Executive may resign from employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing (the "Notice of Termination") to NPB, and the Continuing Compensation and Benefits' provisions of this Agreement shall apply.
Appears in 3 contracts
Sources: Executive Agreement (National Penn Bancshares Inc), Executive Agreement (National Penn Bancshares Inc), Executive Agreement (National Penn Bancshares Inc)
Resignation of Executive. If a Change in Control shall occur and if thereafterwithin one hundred eighty (180) days after the effective date of a Change in Control (or thirty (30) days after the completion of the conversion of the computer systems if such conversion is later than one hundred eighty (180) days after the effective date of a Change in Control, at any timein either event, the “Transition Period”) there shall be:
a. Any involuntary termination of Executive's employment (other than for Cause);
b. Any reduction in Executive's title, responsibilities or authority, including such title, responsibilities or authority as such may be increased from time to time;
c. Any reduction in Executive's Base Salary in effect immediately prior to a Change in Control, or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally;
d. Any reassignment of Executive beyond a thirty (30) minute mile commute by automobile from Boyertown, Pennsylvania; or
e. Any requirement that Executive travel in performance of his duties on behalf of NPB or an Affiliate for a greater period of time during any year than was required of Executive during the year preceding the year in which the Change in Control occurredoccurred (each of the foregoing, a “Triggering Event”); then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of each and every of any Triggering Event within the foregoing eventsTransition Period, the Executive may resign from employment Employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing (the "Notice of Termination") to NPB, and in which case Executive shall be entitled to a lump sum cash severance payment equal to 100% of Executive's Base Salary in effect immediately prior to a Change in Control, which Employer shall pay to Executive within fifteen (15) days of Executive's termination of employment. Executive shall not be required to mitigate the Continuing Compensation and Benefits' provisions amount of this Agreement any payment provided for in the preceding paragraph by seeking other employment or otherwise, nor shall applythe amount of any payment or benefit provided for in the preceding paragraph be reduced by any compensation earned by Executive as the result of employment by another employer or by reason of Executive's receipt of or right to receive any retirement or other benefits after the date of termination of employment or otherwise, except as otherwise provided therein.
Appears in 2 contracts
Sources: Executive Agreement (National Penn Bancshares Inc), Executive Agreement (National Penn Bancshares Inc)
Resignation of Executive. If a Change in Control shall occur and if thereafter, at any time, there shall be:
a. Any involuntary termination of Executive's employment (other than for Cause);
b. Any reduction in Executive's title, responsibilities or authority, including such title, responsibilities or authority as such may be increased from time to time;
c. Any reduction in Executive's Salary in effect immediately prior to a Change in Control, or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally;
d. Any reassignment of Executive beyond a thirty (30) minute commute by automobile from BoyertownPottstown, Pennsylvania; or
e. Any requirement that Executive travel in performance of his duties on behalf of NPB or an Affiliate for a greater period of time during any year than was required of Executive during the year preceding the year in which the Change in Control occurred; then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of each and every any of the foregoing events, the Executive may resign from employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing (the "Notice of Termination") to NPB, and the Continuing Compensation and Benefits' provisions of this Agreement shall apply.
Appears in 1 contract
Resignation of Executive. If a Change in Control shall occur and if thereafterwithin one hundred eighty (180) days after the effective date of a Change in Control (or thirty (30) days after the completion of the conversion of the computer systems if such conversion is later than one hundred eighty (180) days after the effective date of a Change in Control, at any timein either event, the “Transition Period”) there shall be:
a. Any involuntary termination of Executive's employment (other than for Cause);
b. Any reduction in Executive's title, responsibilities or authority, including such title, responsibilities or authority as such may be increased from time to time;
c. Any reduction in Executive's Base Salary in effect immediately prior to a Change in Control, or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally;
d. Any reassignment of Executive beyond a thirty (30) minute mile commute by automobile from Boyertown, Pennsylvania; or
e. Any requirement that Executive travel in performance of his duties on behalf of NPB or an Affiliate for a greater period of time during any year than was required of Executive during the year preceding the year in which the Change in Control occurredoccurred (each of the foregoing, a “Triggering Event”); then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of each and every of any Triggering Event within the foregoing eventsTransition Period, the Executive may resign from employment Employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing (the "Notice of Termination") to NPB, and in which case Executive shall be entitled to a lump sum cash severance payment equal to 150% of Executive's Base Salary in effect immediately prior to a Change in Control, which Employer shall pay to Executive within fifteen (15) days of Executive's termination of employment. Executive shall not be required to mitigate the Continuing Compensation and Benefits' provisions amount of this Agreement any payment providedfor in the preceding paragraph by seeking other employment or otherwise, nor shall applythe amount of any payment or benefit provided for in the preceding paragraph be reduced by any compensation earned by Executive as the result of employment by another employer or by reason of Executive's receipt of or right to receive any retirement or other benefits after the date of termination of employment or otherwise, except as otherwise provided therein.
Appears in 1 contract
Resignation of Executive. If a Change in Control shall occur and if thereafter, at any time, there shall be:
a. Any involuntary termination of Executive's employment (other than for Cause);
b. Any reduction in Executive's title, responsibilities or authority, including such title, responsibilities or authority as such may be increased from time to time;
c. Any reduction in Executive's Salary in effect immediately prior to a Change in Control, or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally;
d. Any reassignment of Executive beyond a thirty (30) minute commute by automobile from BoyertownExecutive's home in Oley, Pennsylvania; or
e. Any requirement that Executive travel in performance of his duties on behalf of NPB or an Affiliate for a greater period of time during any year than was required of Executive during the year preceding the year in which the Change in Control occurred; then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of each and every any of the foregoing events, the Executive may resign from employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing (the "Notice of Termination") to NPB, and the Continuing Compensation and Benefits' provisions of this Agreement shall apply.
Appears in 1 contract
Sources: Employment Agreement (National Penn Bancshares Inc)
Resignation of Executive. If a Change in Control shall occur and if thereafter, at any time, there shall be:
a. Any involuntary termination of Executive's employment (other than for Cause);
b. Any reduction in Executive's title, responsibilities or authority, including such title, responsibilities or authority as such may be increased from time to time;
c. Any reduction in Executive's Salary in effect immediately prior to a Change in Control, or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally;
d. Any reassignment of Executive beyond a thirty (30) minute commute by automobile from BoyertownWyomissing, Pennsylvania; or
e. Any requirement that Executive travel in performance of his duties on behalf of NPB or an Affiliate for a greater period of time during any year than was required of Executive during the year preceding the year in which the Change in Control occurred; then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of each and every any of the foregoing events, the Executive may resign from employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing (the "Notice of Termination") to NPB, and the Continuing Compensation and Benefits' provisions of this Agreement shall apply.
Appears in 1 contract
Resignation of Executive. If a Change in Control shall occur and if thereafter, at any time, there shall be:
a. Any involuntary termination of Executive's employment (other employment(other than for Cause);
b. Any reduction in Executive's title, responsibilities or authority, including such title, responsibilities or authority as such may be increased from time to time;
c. Any reduction in Executive's Salary in effect immediately prior to a Change in Control, or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally;
d. Any reassignment of Executive beyond a thirty (30) minute commute by automobile from Boyertown, Pennsylvania; or
e. Any requirement that Executive travel in performance of his duties on behalf of NPB or an Affiliate for a greater period of time during any year than was required of Executive during the year preceding the year in which the Change in Control occurred; then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of each and every of the foregoing events, the Executive may resign from employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing (the "Notice of Termination") to NPB, and the Continuing Compensation and Benefits' provisions of this Agreement shall apply.
Appears in 1 contract
Sources: Employment Agreement (National Penn Bancshares Inc)
Resignation of Executive. If a Change in Control shall occur and if thereafter, at any time, there shall be:
a. (a) Any involuntary termination of Executive's employment (other than for Cause);
b. (b) Any reduction in Executive's title, responsibilities or authority, including such title, responsibilities or authority as such may be increased from time to time;
c. (c) Any reduction in Executive's Salary in effect immediately prior to a Change in Control, or any failure to provide Executive with benefits at least as favorable as those enjoyed by Executive under any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally;
d. (d) Any reassignment of Executive beyond a thirty (30) minute mile commute by automobile from Boyertown, PennsylvaniaExecutive's home at ___________________ _____________________________; or
e. (e) Any requirement that Executive travel in performance of his duties on behalf of NPB or an Affiliate for a greater period of time during any year than was required of Executive during the year preceding the year in which the Change in Control occurred; then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of each and every any of the foregoing events, the Executive may resign from employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing (the "Notice of Termination") to NPB, and the Continuing Compensation and Benefits' provisions of this Agreement shall apply.
Appears in 1 contract
Resignation of Executive. If a Change in Control shall occur and if thereafterwithin one hundred eighty (180) days after the effective date of a Change in Control (or thirty (30) days after the completion of the conversion of the computer systems if such conversion is later than one hundred eighty (180) days after the effective date of a Change in Control, at any timein either event, the “Transition Period”) there shall be:
a. Any involuntary termination of Executive's employment (other than for Cause);
b. Any reduction in Executive's title, responsibilities or authority, including such title, ,responsibilities or authority as such may be increased from time to time;
c. Any reduction in Executive's Base Salary in effect immediately prior to a Change in Control, or any orany failure to provide Executive with benefits at least as favorable as those enjoyed by Executive under Executiveunder any of the pension, life insurance, medical, health and accident, disability or other employee plans of NPB or an Affiliate in which Executive participated immediately prior to a Change in Control, or the taking of any action that would materially reduce any of such compensation or benefits in effect at the time of the Change in Control, unless such reduction relates to a reduction applicable to all employees generally;
d. Any reassignment of Executive beyond a thirty (30) minute mile commute by automobile from BoyertownfromBoyertown, Pennsylvania; or
e. Any requirement that Executive travel in performance of his duties on behalf of NPB or an Affiliate anAffiliate for a greater period of time during any year than was required of Executive during the year theyear preceding the year in which the Change in Control occurredoccurred (each of the foregoing, a “Triggering Event”); then, at the option of Executive, exercisable by Executive within one hundred eighty (180) days of the occurrence of each and every of any Triggering Event within the foregoing eventsTransition Period, the Executive may resign from employment Employment (or, if involuntarily terminated, give notice of intention to collect benefits hereunder) by delivering a notice in writing (the "Notice of Termination") to NPB, and in which case Executive shall be entitled to a lump sum cash severance payment equal to 150% of Executive's Base Salary in effect immediately prior to a Change in Control, which Employer shall pay to Executive within fifteen (15) days of Executive's termination of employment. Executive shall not be required to mitigate the Continuing Compensation and Benefits' provisions amount of this Agreement any payment provided for in the preceding paragraph by seeking other employment or otherwise, nor shall applythe amount of any payment or benefit provided for in the preceding paragraph be reduced by any compensation earned by Executive as the result of employment by another employer or by reason of Executive's receipt of or right to receive any retirement or other benefits after the date of termination of employment or otherwise, except as otherwise provided therein.
Appears in 1 contract