Change in Control Closing Date definition
Examples of Change in Control Closing Date in a sentence
In the event of a Change in Control, the Executive shall be entitled: (a) at the Executive's option, to accelerate this agreement's Expiration Date to the date of the actual closing of any transaction which constitutes a Change in Control (the "Change in Control Closing Date"); and (b) to all payments and benefits provided in Section 12.5 in respect of a Constructive Termination without Cause.
Such distribution, whether in the form of shares of Common Stock or, if directed by the Committee, in cash, shall be made to the Participant no later than the 70th day after the Change in Control Closing Date, and shall satisfy the rights of the Participant and the obligations of the Company under this Award Agreement in full.
At all times prior to the date that the Committee determines that each Performance Goal has been met (following the last date of the Performance Cycle) or, if applicable under Section 6 or 7(b), the Change in Control Closing Date or the Participant’s Separation from Service, respectively, the benefit payable under this Award Agreement is subject to a substantial risk of forfeiture within the meaning of Treasury Regulation § 1.409A-1(d) (or any successor regulation).
Executive will not be eligible to receive any Incentive Benefits and Payments if Executive is not employed by the Company immediately prior to closing of the Change in Control transaction on the Change in Control Closing Date.
Such payment shall be paid within ten (10) business days following the Change in Control Closing Date.
If a Change in Control Closing Date does not occur within * * * after the Shortfall Notice is given, the provisions of Section 15.3 hereof shall again apply.
If HDS agrees with such calculations and a Change in Control Closing Date occurs within * * * after the Shortfall Notice is given, no CiC Warrant shall be issuable to HDS.
The written notice required by this Section 15.4.5 shall include BlueArc’s good faith estimate of the Change in Control Closing Date.
Notwithstanding any provision of this Award Agreement to the contrary, if there is a Change in Control and the Change in Control Closing Date occurs during the Participant's Employment and prior to (a) the final Vesting Date or (b) a vesting event under Section 4 above, then, upon the Change in Control Closing Date, the Participant's right to receive the unvested units of Common Stock subject to this Award Agreement shall be fully vested.
Notwithstanding any provision of this Award Agreement to the contrary, if there is a Change in Control and the Change in Control Closing Date occurs during the Participant’s Employment and prior to (a) the final Vesting Date or (b) an accelerated vesting event under Section 4 above, then, upon the Change in Control Closing Date, the Participant’s right to receive the unvested units of Common Stock subject to this Award Agreement shall be fully vested.