Grouped Into 18 Collections of Similar Clauses From Business Contracts
This page contains Retirement clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Retirement. In the event that your employment with the Company or its subsidiaries or Affiliates is terminated due to Retirement after December 31, 2019, but prior to the end of the Performance Period, shares of Stock shall be issued during the period January 1 to March 15 of the calendar year following the end of the Performance Period on a prorated basis based on actual performance as determined at the first Committee meeting following the Performance Period. The number of shares of Stock to be issued und...er the prorated Award shall be determined by calculating (a)(i) the number of Units set forth herein multiplied by (ii) the quotient of the number of full and partial months that you worked during the Performance Period (rounded up to the nearest whole month) divided by 36, and then multiplying the product of (a)(i) and (a)(ii) by (b) the percentile performance amount, as calculated in accordance with the terms of the Program. In the event that you terminate your employment due to Retirement prior to January 1, 2020, the Award shall be forfeited in its entirety.View More
Retirement. In the event that your employment with the Company or its subsidiaries or Affiliates is terminated due to Retirement after December 31, 2019, but prior to the end of the Performance Service Period, shares of Stock shall be issued during the period January 1 to March 15 of the calendar year you within seventy (70) days following the end of the Performance Period your Retirement on a prorated basis based on actual performance as determined at the first Committee meeting following the Performance P...eriod. performance. The number of shares of Stock to be issued under the prorated Award shall be determined by calculating (a)(i) the number of the Units set forth herein multiplied by (ii) the quotient of the number of full and partial months that you worked during the Performance Service Period (rounded up to the nearest whole month) divided by 36, and then multiplying the product of (a)(i) and (a)(ii) by (b) the percentile performance amount, as calculated in accordance with the terms of the Program. In the event that you terminate your employment due to Retirement prior to January 1, 2020, the Award shall be forfeited in its entirety. View More
Retirement. If, prior to the Vesting Date, Participant's Employment terminates as a result of his/her Retirement, and such termination occurs on or after the December 31st immediately following the Grant Date, all PBRSUs that are outstanding and unearned as of such Retirement will remain outstanding and be eligible to be earned in accordance with Schedule A, and, to the extent so earned, will vest immediately upon being earned. For the purpose of this Agreement, a termination of Employment shall be deemed t...o be a "Retirement" if all of the following conditions are satisfied: (i) Participant's Employment terminates (other than for Cause), (ii) he or she is either (x) 65 years of age or older, as of the date of such termination, or (y) 60 years of age or older, as of the date of such termination and, immediately prior to such termination, Participant has been in continuous Employment for five or more years, and (iii)(1) Participant provides the Company not less than six months' advanced written notice of Participant's intent to retire (the "Notice Period"), and (2) Participant remains in continuous Employment and in good standing during such Notice Period and terminates Employment at the end of such Notice Period. The Company may, in its sole discretion waive, in whole or in part, the requirements of clause (iii) of the preceding sentence. In the event that Participant's Employment is terminated for Cause during the Notice Period, the PBRSUs will be automatically cancelled and forfeited and shall be returned to the Company for no consideration. Notwithstanding the foregoing, in the event a Change in Control occurs prior to Participant's termination of Employment as a result of his or her Retirement, effective immediately upon the occurrence of such Change in Control, the terms of this Section 7 will be void and shall immediately terminate and be of no further force and effect.View More
Retirement. If, prior to the Vesting Date, Participant's Employment terminates as a result of his/her Retirement, and such termination occurs on or after the December 31st immediately following the Grant Date, all PBRSUs that are outstanding and unearned as the RSUs shall automatically vest in full on the date of such Retirement will remain outstanding and be eligible to be earned in accordance with Schedule A, and, to the extent so earned, will vest immediately upon being earned. termination. For the purpo...se of this Agreement, a termination of Employment shall be deemed to be a "Retirement" "Retirement 11 Pursuant to Mr. Farber's Offer Letter dated September 21, 2016, in the event he is involuntarily terminated by the company without cause, or terminates employment for "good reason," he is entitled to one year's additional vesting credit. 2 " if all of the following conditions are satisfied: (i) Participant's Employment terminates (other than for Cause), (ii) he or she is either (x) 65 years of age or older, as of the date of such termination, or (y) 60 years of age or older, as of the date of such termination and, immediately prior to such termination, Participant has been in continuous Employment for five or more years, and (iii)(1) Participant provides the Company not less than six months' advanced written notice of Participant's intent to retire (the "Notice Period"), and (2) Participant remains in continuous Employment and in good standing during such Notice Period and terminates Employment at the end of such Notice Period. The Company may, in its sole discretion waive, in whole or in part, the requirements of clause (iii) of the preceding sentence. In the event that Participant's Employment is terminated for Cause during the Notice Period, the PBRSUs RSUs will be automatically cancelled and forfeited and shall be returned to the Company for no consideration. Notwithstanding the foregoing, in the event a Change in Control occurs prior to Participant's termination of Employment as a result of his or her Retirement, effective immediately upon the occurrence of such Change in Control, the terms of this Section 7 will be void and shall immediately terminate and be of no further force and effect.View More
Retirement. 1.1 Removal from Positions. Executive shall retire from employment with the Company and its subsidiaries and affiliates (collectively, the "Company Group") on April 28, 2022 (such date, the "Retirement Date"). In that regard, as of the Retirement Date, Executive's position as President and Chief Executive Officer of the Company and all other officer positions, directorships, and other positions that Executive holds with the Company Group shall terminate. 1.2 Release Agreement. Executive's receip...t of any payments and benefits pursuant to this Agreement (other than the payments and benefits pursuant to Sections 4.1(a) and (b) (the "Accrued Obligations")) is subject to Executive's signing and not revoking the Release Agreement substantially in the form attached hereto as Exhibit A (the "Release Agreement"); provided that the Release Agreement is effective within 30 days following the Retirement Date. No payments or benefits under this Agreement (other than the Accrued Obligations) shall be paid or provided to Executive until the Release Agreement becomes effective in accordance with the deadline specified in the preceding sentence.View More
Retirement. 1.1 Removal Retirement from Positions. Executive shall retire Executive's retirement from employment with the Company and its parent, subsidiaries and affiliates (collectively, the "Company Group") is effective as of 11:59 p.m., Central Standard Time, on April 28, 2022 December 31, 2017 (such date, the "Retirement Date"). In that regard, as Such retirement from employment with the Company Group includes Executive's voluntary retirement and resignation from the position of the Retirement Date, Ex...ecutive's position as President and Chief Executive Officer of the Company and all other officer positions, directorships, and other employee positions that held by Executive holds with the Company Group shall terminate. Group. 1.2 Release Agreement. Executive's receipt of any payments and benefits pursuant to this Agreement (other than compensation payable for service as a non-employee director of the payments and benefits Company's parent company pursuant to Sections 4.1(a) and (b) Section 2.2 (the "Accrued Obligations")) "Director Fees")) is subject to Executive's signing and not revoking the Release Agreement substantially in the form attached hereto as Exhibit A (the "Release Agreement"); provided that the Release Agreement is effective within 30 sixty (60) days following the Retirement Date. date of this Agreement. No payments or benefits under this Agreement (other than the Accrued Obligations) Director Fees) shall be paid or provided to Executive until unless the Release Agreement becomes effective in accordance with the deadline specified in the preceding sentence. View More
Retirement. 1.1 Removal from Positions. Executive shall retire from employment with the Company and its subsidiaries and affiliates (collectively, the "Company Group") Group on April 28, 2022 January 6, 2017 (such date, the "Retirement Date"). In that regard, as of the Retirement Date, (a) Executive's position as President and Chief Executive Operating Officer of the Company Company, and (b) all other officer positions, directorships, directorships and other positions that Executive holds with the Company G...roup shall terminate. 1.2 Release Agreement. Release. Executive's receipt of any payments and benefits pursuant to this Agreement (other than the payments and benefits pursuant to Sections 4.1(a) 2.l(a), 2.1(b) and (b) 3 (the "Accrued Obligations")) is subject to Executive's signing executing this Agreement and not revoking the Release Agreement substantially release set forth in the form attached hereto as Exhibit A (the "Release Agreement"); Section 5; provided that the Release Agreement release is effective within 30 10 days following the Retirement Date. No payments or benefits under this Agreement (other than the Accrued Obligations) shall be paid or provided to Executive until the Release Agreement release becomes effective in accordance with the deadline specified in the preceding sentence. View More
Retirement. 1.1 Removal from Positions. Executive shall retire from employment with the Company and its subsidiaries and affiliates (collectively, the "Company Group") on April 28, 2022 2017 (such date, the "Retirement Date"). In that regard, as of the Retirement Date, (a) Executive's position as President and Chief Executive Officer of the Company, (b) Executive's position as a member of the Board of Directors of the Company (the "Board") and (c) all other officer positions, directorships, directorships an...d other positions that Executive holds with the Company Group shall terminate. Executive and Company agree that, following the expiration of Executive's current term on the Board, the Company shall cause Executive not to be nominated for re-election to the Board. 1.2 Notice of Non-Renewal. In accordance with the last sentence of Section 1 and Section 4.4 of the Employment Agreement, this Agreement serves as notice to Executive of the Company's decision not to renew the term of the Employment Agreement. 1.3 Release Agreement. Executive's receipt of any payments and benefits pursuant to this Agreement (other than the payments and benefits pursuant to Sections 4.1(a) 4.1(a), (b) and (b) (d) (the "Accrued Obligations")) is subject to Executive's signing and not revoking the Release Agreement substantially in the form attached hereto as Exhibit A (the "Release Agreement"); provided that the Release Agreement is effective within 30 days following the Retirement Date. No payments or benefits under this Agreement (other than the Accrued Obligations) shall be paid or provided to Executive until the Release Agreement becomes effective in accordance with the deadline specified in the preceding sentence. View More
Retirement. Subject to the other provisions of this Agreement and the Plan, if the Participant Retires (or dies or becomes disabled at a time when the Participant had satisfied the age and years of service requirements specified in the definition of Retirement), then notwithstanding the terms of Section 1 of this Agreement, all unvested RSUs hereunder shall not be forfeited and the RSUs shall continue to be eligible to vest (and shall remain subject to Transfer Restrictions, as defined in Section 5 below, u...ntil so vested) as set forth in Section 1 of this Agreement (subject to the Forfeiture Condition set forth in clause (b)(iii) thereof). For the avoidance of doubt, this provision shall only apply with respect to RSUs not previously forfeited as a result of the occurrence of a Forfeiture Condition. For purposes of this Award, "Retire" and "Retirement" mean termination of the Participant's employment (other than a termination for cause) after attainment by the Participant of age fifty-five (55) and ten (10) years of continuous service with the Company and/or its subsidiaries, provided that such termination constitutes a separation from service within the meaning of Section 409A.View More
Retirement. Subject to the other provisions of this Agreement and the Plan, if the Participant Retires (or dies or becomes disabled at a time when the Participant had satisfied the age and years of service requirements specified in the definition of Retirement), then notwithstanding the terms of Section 1 of this Agreement, all unvested RSUs Shares hereunder shall not be forfeited and the RSUs Shares shall continue to be eligible to vest (and shall remain subject to Transfer Restrictions, as defined in Sect...ion 5 below, Restrictions until so vested) as set forth in Section 1 of this Agreement (subject to the Forfeiture Condition set forth in clause (b)(iii) thereof). For the avoidance of doubt, this provision shall only apply with respect to RSUs Shares not previously forfeited as a result of the occurrence of a Forfeiture Condition. For purposes of this Award, "Retire" and "Retirement" mean termination of the Participant's employment (other than a termination for cause) after attainment by the Participant of age fifty-five (55) and ten (10) years of continuous service with the Company and/or its subsidiaries, provided that such termination constitutes a separation from service within the meaning of Section 409A. subsidiaries. View More
Retirement. If you terminate employment with the Company due to your Retirement (within the meaning of that term as defined below), then you will be deemed to be employed by the Company or one of its subsidiaries continuously for a period that begins on the Award Date and ends on the third annual anniversary of the Award Date for purposes of determining the extent to which and the date on which any Units will have vested. CBI shall distribute to you (or, in the event of your death prior to payment, the exec...utor, administrator or other personal representative of your estate) a number of Shares equal to the number of such Units in which you become vested (but subject to the tax withholding requirements included in the Plan). Such distribution shall be made on a date that is within January 25, 2021 and March 26, 2021, with the specific date within such period on which such distribution will be made being chosen by the Compensation Committee in its discretion. For purposes of this paragraph 5, "Retirement" means your termination of employment with the Company (a) at least one year after the Award Date, (b) after you have both attained at least age 55 and completed at least 10 years of employment with the Company, and (c) other than by reason of your fraud, misappropriation or embezzlement, gross insubordination, failure to perform in good faith your assigned duties, or any other reason for which a termination of employment would be deemed for "cause" under any employment agreement between you and the Company that is in effect at the time of your termination of employment with the Company.View More
Retirement. If you terminate employment with the Company due to your Retirement (within the meaning of that term as defined below), then you will be deemed to be employed by the Company or one of its subsidiaries continuously for a period that begins on the Award Date and ends on the third annual anniversary of the Award Date for purposes of determining the extent to which and the date on which any Units will have vested. CBI shall distribute to you (or, in the event of your death prior to payment, the exec...utor, administrator or other personal representative of your estate) a number of Shares equal to the number of such Units in which you become vested (but subject to the tax withholding requirements included in the Plan). Such distribution shall be made on a date that is within January 25, 2021 31, 2022 and March 26, 2021, April 1, 2022, with the specific date within such period on which such distribution will be made being chosen by the Compensation Committee in its discretion. For purposes of this paragraph 5, "Retirement" means your termination of employment with the Company (a) at least one year after the Award Date, (b) after you have both attained at least age 55 and completed at least 10 years of employment with the Company, and (c) other than by reason of your fraud, misappropriation or embezzlement, gross insubordination, failure to perform in good faith your assigned duties, or any other reason for which a termination of employment would be deemed for "cause" under any employment agreement between you and the Company that is in effect at the time of your termination of employment with the Company. 6. Change in Control. If a Change in Control (as defined in the Plan) occurs, prior either to any distribution being made or forfeiture occurring under any of the foregoing provisions of this Agreement, then (i) the provisions of section 17 of the Plan shall be deemed incorporated into this Agreement and shall apply to this Agreement and (ii) the other parts of this Agreement shall be subject to the terms of section 17 of the Plan. For the avoidance of doubt, to the extent the Units granted under this Agreement constitute "deferred compensation" for purposes of Section 409A of the Code, subsection 17.1, 17.2 and 17.3 of the Plan shall not apply. View More
Retirement. If without having fully exercised the Option you have a Termination of Service by reason of Retirement, then (a) any Shares Granted under the Option that are not vested at that time shall thereupon become vested, and (b) you may exercise the Option for the full number of Shares Granted (less any shares for which the Option was previously exercised) until the Expiration Date noted above.
Retirement. If without having fully exercised the Option you have a Termination of Service by reason of Retirement, then retirement, as reasonably determined and approved by the Committee or its delegates, then, subject to such approval (a) any Shares Granted under the Option that are not vested at that time shall thereupon become vested, and (b) you may exercise the Option for the full number of Shares Granted (less any shares for which the Option was previously exercised) until the Expiration Date noted s...et forth above. View More
Retirement. If during the Performance Period you have a Termination of Service by reason of Retirement, then the number of Performance Shares earned (based on performance as of the end of the Performance Period) will be prorated to reflect the portion of the Performance Period during which you remained employed by the Company. Such prorated portion shall equal the full number of earned Performance Shares, multiplied by a fraction equal to the number of full months of the Performance Period completed as of y...our retirement date, divided by 36. Any Performance Shares becoming vested by reason of your Retirement shall be paid at the same time Performance Shares are paid to other Participants.View More
Retirement. If during prior to the Performance Period 12-month anniversary of the Grant Date you have a Termination of Service by reason of Retirement, retirement from the Company's Board of Directors, as reasonably determined by the Committee, then the number of Performance Shares earned (based on performance as of the end of the Performance Period) will be prorated to reflect the portion of the Performance Period during which you remained employed by the Company. Such prorated portion shall equal the full... number of earned Performance Shares, Shares that you would otherwise have earned, multiplied by a fraction equal to the number of full months of the Performance Period completed as of your retirement date, Termination of Service, divided by 36. the number of months in the Performance Period. If on or after the 12-month anniversary of the Grant Date, you have a Termination of Service by reason of retirement from the Company's Board of Directors, as reasonably determined by the Committee, then the full number of Performance Shares earned (based on performance as of the end of the Performance Period) shall become vested at the end of the Performance Period. Any Performance Shares becoming vested by reason of your Retirement retirement shall be paid at the same time Performance Shares are paid to other Participants. View More
Retirement. If during within 12 months of the end of the Performance Period you have a Termination of Service by reason of Retirement, then the number of Performance Shares earned (based on performance as of the end of the Performance Period) will be prorated to reflect shall become vested at the portion end of the Performance Period during which you remained employed by the Company. Such prorated portion shall equal the full number of earned Performance Shares, multiplied by a fraction equal to the number ...of full months of the Performance Period completed as of your retirement date, divided by 36. Period. Any Performance Shares becoming vested by reason of your Retirement shall be paid at the same time Performance Shares are paid to other Participants. View More
Retirement. If, at the time of your Termination of Employment, you have attained age 55 and have completed at least five years of service, your Restricted Unit Award will vest pro rata (standard rounding to the nearest Unit, in full-month increments) based on (i) the number of whole months that you have completed from the Grant Date through the end of the month in which your Termination of Employment occurs, over the original number of months of the vesting period, times (ii) the total number of Restricted ...Units awarded on the Grant Date minus (iii) the number of Restricted Units previously vested under the Normal Vesting Terms; provided, however, that you will not be entitled to the accelerated vesting under this Section 9 until you have completed at least one year of service following the Grant Date. Termination of Employment within twelve (12) months of the Grant Date will result in the forfeiture of your Restricted Unit Award, except as otherwise provided for under Sections 7, 8, 10, and 11 herein. Shares issuable for any portion of your Restricted Unit Award and DEUs that vest pursuant to this Section 9 will be delivered in accordance with Section 5. Notwithstanding the foregoing, if the Company receives an opinion of counsel that there has been a legal judgment and/or legal development in your jurisdiction that likely would result in the favorable retirement treatment, which otherwise would apply to the Restricted Units pursuant to this Section 9, being deemed unlawful and/or discriminatory, then the Company will not apply the favorable retirement treatment at the time of your Termination of Employment and the Restricted Units will be treated as they would under the rules that otherwise would have applied as if your Termination of Employment did not qualify as a retirement pursuant to this Section 9.View More
Retirement. (a) If, at the time of your Termination of Employment, you have attained age 55 and have completed at least five years of service, your Restricted Unit Award Stock Option will vest and become exercisable pro rata (standard rounding to the nearest Unit, Share in full-month full month increments) based on 1/20 (i) the number of whole months that you have completed from the Grant Date through the end of the month in which your Termination of Employment occurs, over the original number of months of ...the vesting period, times (ii) the total number of Restricted Units awarded Shares subject to the Stock Option on the Grant Date minus (iii) the number of Restricted Units Shares subject to the Stock Option previously vested under the Normal Vesting Terms; provided, however, that you will not be entitled to the accelerated vesting under this Section 9 6 until you have completed at least one year of service following the Grant Date. Termination of Employment within twelve (12) months one year of the Grant Date will result in the forfeiture of your Restricted Unit Stock Option Award, except as otherwise provided for under Sections 7, 8, 10, and 11 9 herein. Shares issuable (b) If you meet the requirements for retirement described in Section 6(a) on or before your Termination of Employment, then any portion of the option that has vested as of the date of your Restricted Unit Award Termination of Employment will expire on the earlier of (i) Expiration Date, and DEUs that vest pursuant (ii) the third anniversary of your Termination of Employment due to this Section 9 will be delivered in accordance with Section 5. retirement. (c) Notwithstanding the foregoing, if the Company receives an opinion of counsel that there has been a legal judgment and/or legal development in your jurisdiction that likely would result in the favorable retirement treatment, which otherwise would apply to the Restricted Units Stock Option pursuant to this Section 9, 6, being deemed unlawful and/or discriminatory, then the Company will not apply the favorable retirement treatment at the time of your Termination of Employment termination and the Restricted Units Stock Option will be treated as they would under the rules that otherwise would have applied as if your Termination of Employment termination did not qualify as a retirement pursuant to this Section 9. 6. View More
Retirement. Notwithstanding Section 2, solely with respect to Restricted Stock Awards that were granted at least twelve months prior to the date of the Grantee's Retirement, upon the Grantee's Retirement, unvested Granted Stock will vest pro rata (as described below) based on the length of the Grantee's Service from the Grant Date through the Grantee's Retirement relative to the full vesting period covered by the Award, less any previously vested Granted Stock For example, if the Grantee's Retirement occurs... 18 months after the Grant Date and the Award vests ratably over four years, the Grantee will vest in 37.5% of the Granted Stock relating to the Award (having served 18 out of 48 months covered by the Award), less 25% of previously vested Granted Stock. For purposes of this Award, "Retirement" means (A) the Grantee's voluntary termination of Service on or after meeting the Rule of 70, where the Grantee is at least 60 years old and has been employed by or in the service of the Company for a period of at least five full consecutive years (if the employee joined the Company through an acquisition or merger, years of service at the predecessor company and years of service of the Company are included in the Grantee's years of service); and (B) the Grantee provides the Company with at least six months' prior written notice of his or her intent to retire and the Grantee is employed or in the service of the Company through the end of such six month period. "Rule of 70" means the sum of the Grantee's age plus the Grantee's years of service with the Company is at least 70 (if the employee joined the Company through an acquisition or merger, years of service at the predecessor company and years of service of the Company are included in the Grantee's years of service), in each case measured at the time of Grantee's termination of employment. The notice period could be shortened by the Company if mutually agreed upon.View More
Retirement. Notwithstanding Section 2, 2 or Section 4, solely with respect to a Restricted Stock Awards Award that were was granted at least twelve months prior to the date of the Grantee's Retirement, upon the Grantee's Retirement, unvested Granted Stock will vest pro rata (as described below) based on the length of the Grantee's Service from the Date of Grant Date through the Grantee's Retirement relative to the full vesting period covered by the Restricted Stock Award, less any previously vested Granted ...Stock Stock. For example, if the Grantee's Retirement occurs 18 months after the Date of Grant Date and the Restricted Stock Award vests ratably over four three years, the Grantee will vest in 37.5% 50.0% of the Granted Stock relating to the Restricted Stock Award (having served 18 out of 48 36 months covered by the Restricted Stock Award), less 25% 33.3% of previously vested Granted Stock. For purposes of this the Restricted Stock Award, "Retirement" means (A) the Grantee's voluntary termination of Service on or after meeting the Rule of 70, where the Grantee is at least 60 years old and has been employed by or in the service of the Company for a period of at least five full consecutive years (if the employee joined the Company through an acquisition or merger, years of service at the predecessor company and years of service of the Company are included in the Grantee's years of service); and (B) the Grantee provides the Company with at least six months' prior written notice of his or her their intent to retire and the Grantee is employed or in the service of the Company through the end of such six month period. "Rule of 70" means the sum of the Grantee's age plus the Grantee's years of service with the Company is at least 70 (if the employee joined the Company through an acquisition or merger, years of service at the predecessor company and years of service of the Company are included in the Grantee's years of service), in each case measured at the time of Grantee's termination of employment. The notice period could be shortened by the Company if mutually agreed upon. View More
Retirement. Unless terminated sooner, your employment with the Company and its subsidiaries and other controlled affiliates will end upon your retirement on December 31, 2019 (the "Retirement Date"). You hereby resign from all directorships, officerships and other positions with the Company and its controlled affiliates as of and with effect from the Retirement Date. You agree to sign all appropriate documentation, if any, prepared by the Company in connection with those resignations. The Company and you ag...ree that this Agreement satisfies any notice requirement that otherwise may apply to your retirement and termination of employment under your Employment Agreement, dated as of August 14, 2012, as amended, between the Company and you (your "Employment Agreement") and any other agreement between you and the Company or any of its affiliates.View More
Retirement. Unless terminated sooner, your employment with the Company and its subsidiaries and other controlled affiliates will end upon your retirement on December May 31, 2019 2020 (the "Retirement Date"). You hereby resign from all directorships, officerships and other positions with the Company and its controlled affiliates as of and with effect from the Retirement Date. You agree to sign all appropriate documentation, if any, prepared by the Company in connection with those resignations. resignations ...and your retirement. The Company and you agree that this Agreement satisfies any notice requirement that otherwise may apply to your retirement and termination of employment under your Employment Agreement, dated as of August 14, 2012, February 9, 2017, as amended, between the Company and you (your "Employment Agreement") and any other agreement between you and the Company or any of its affiliates. View More