Common use of Termination as a Result of Disability Clause in Contracts

Termination as a Result of Disability. Subject to Section 6(h) (Release), if the Employment Period is terminated by the Company as a result of the Disability (as defined herein) of Executive, then Executive shall be entitled: (i) to continue to receive his Base Salary through the date of such termination and (ii) to receive the Annual Bonus for the year preceding the year in which the date of termination occurs, to the extent earned under Section 3(b) but not already paid; (iii) to receive a prorated Annual Bonus for the year in which the date of termination occurs, to the extent earned under Section 3(b) (the extent to which performance objectives have been achieved to be determined by the Board in its reasonable discretion in a manner consistent with its determinations regarding annual bonuses earned by other senior-level employees of WestRock and its Subsidiaries for the year in which such termination occurs, but disregarding any subjective performance goals in making its determination), based upon the portion of such year elapsed prior to the date of termination; and (iv) to pro rata vesting of restricted stock units and long-term incentive awards granted to Executive pursuant to Section 3(c) based on the portion of the applicable vesting period elapsed prior to the date of termination but subject to the achievement of any applicable performance conditions. Executive shall not be entitled to any other salary, compensation (including, without limitation, any bonus) or benefits from WestRock or its Subsidiaries after such termination of the Employment Period, except as specifically provided for in the employee benefit plans of WestRock or its Subsidiaries or as otherwise expressly required by applicable law; provided that WestRock and its Subsidiaries shall be entitled to amend or terminate any employee benefit plans which are applicable generally to the senior executives, officers or other employees of WestRock and its Subsidiaries.