|
|
 | | | |
- close
- close
- close
- close
| |||||||||
These excerpts taken from the ATVI 10-K filed Feb 27, 2009. “Disability”
(A) shall have the meaning given to such term in, or otherwise be
determined in accordance with, any employment agreement or offer letter between
the Holder and the Company or any of its subsidiaries or affiliates in effect
from time to time or (B) if the Holder is not party to any agreement or
offer letter with the Company or any of its subsidiaries or affiliates or any
such agreement or offer letter does not contain a definition of “disability” or
otherwise provide a method for determining whether the Holder is disabled,
shall have the meaning ascribed thereto under the Company’s long-term
disability plan in effect from time to time, as interpreted under such plan
(with such interpretation to be final, conclusive and binding for purposes of
these Award Terms).
“Disability”
means “permanent and total disability” as defined in section 22(e)(3) of
the Code, as interpreted by the Company (with such interpretation to be final,
conclusive and binding for purposes of these Award Terms).
“Disability” means “permanent
and total disability” as defined in section 22(e)(3) of the Code, as
interpreted by the Company (with such interpretation to be final, conclusive
and binding for purposes of these Award Terms).
“Disability”
means “permanent and total disability” as defined in section 22(e)(3) of
the Code, as interpreted by the Company (with such interpretation to be final,
conclusive and binding for purposes of these Award Terms).
“Disability”
means “permanent and total disability” as defined in section 22(e)(3) of
the Code, as interpreted by the Company (with such interpretation to be final,
conclusive and binding for purposes of these Award Terms).
“Disability” means “permanent and total disability” as defined in section 22(e)(3) of the Code, as interpreted by the Company (with such interpretation to be final, conclusive and binding for purposes of these Award Terms).
“Equity
“Disability” (A) shall have the meaning given to such term in, or otherwise be determined in accordance with, any employment agreement or offer letter between the Holder and the Company or any of its subsidiaries or affiliates in effect from time to time or (B) if the Holder is not party to any agreement or offer letter with the Company or any of its subsidiaries or affiliates or any such agreement or offer letter does not contain a definition of “disability” or otherwise provide a method for determining whether the Holder is disabled, shall have the meaning ascribed thereto under the Company’s long-term disability plan in effect from time to time, as interpreted under such plan (with such interpretation to be final, conclusive and binding for purposes of these Award Terms).
“Disability” means “permanent and total disability” as defined in section 22(e)(3) of the Code, as interpreted by the Company (with such interpretation to be final, conclusive and binding for purposes of these Award Terms).
“Equity
“Disability” means “permanent and total disability” as defined in section 22(e)(3) of the Code, as interpreted by the Company (with such interpretation to be final, conclusive and binding for purposes of these Award Terms).
“Equity
“Disability” means “permanent and total disability” as defined in section 22(e)(3) of the Code, as interpreted by the Company (with such interpretation to be final, conclusive and binding for purposes of these Award Terms).
“Equity Account Administrator”
These excerpts taken from the ATVI 10-Q filed Nov 10, 2008. “Disability” (A) shall
have the meaning given to such term in, or otherwise be determined in
accordance with, any employment agreement or offer letter between the Holder
and the Company or any of its subsidiaries or affiliates in effect from time to
time or (B) if the Holder is not party to any agreement or offer letter
with the Company or any of its subsidiaries or affiliates or any such agreement
or offer letter does not contain a definition of “disability” or otherwise
provide a method for determining whether the Holder is disabled, shall have the
meaning ascribed thereto under the Company’s long-term disability plan in
effect from time to time, as interpreted under such plan (with such interpretation
to be final, conclusive and binding for purposes of these Award Terms).
“Disability” (A) shall
have the meaning given to such term in, or otherwise be determined in
accordance with, any employment agreement or offer letter between the Holder
and the Company or any of its subsidiaries or affiliates in effect from time to
time or (B) if the Holder is not party to any agreement or offer letter
with the Company or any of its subsidiaries or affiliates or any such agreement
or offer letter does not contain a definition of “disability” or otherwise
provide a method for determining whether the Holder is disabled, shall have the
meaning ascribed thereto under the Company’s long-term disability plan in
effect from time to time, as interpreted under such plan (with such
interpretation to be final, conclusive and binding for purposes of these Award
Terms).
“Disability” means “permanent
and total disability” as defined in section 22(e)(3) of the Code, as
interpreted by the Company (with such interpretation to be final, conclusive
and binding for purposes of these Award Terms).
“Disability” means “permanent
and total disability” as defined in section 22(e)(3) of the Code, as
interpreted by the Company (with such interpretation to be final, conclusive
and binding for purposes of these Award Terms).
“Disability” (A) shall
have the meaning given to such term in, or otherwise be determined in
accordance with, any employment agreement or offer letter between the Holder
and the Company or any of its subsidiaries or affiliates in effect from time to
time or (B) if the Holder is not party to any agreement or offer letter
with the Company or any of its subsidiaries or affiliates or any such agreement
or offer letter does not contain a definition of “disability” or otherwise
provide a method for determining whether the Holder is disabled, shall have the
meaning ascribed thereto under the Company’s long-term disability plan in
effect from time to time, as interpreted under such plan (with such interpretation
to be final, conclusive and binding for purposes of these Award Terms).
“Disability” means “permanent
and total disability” as defined in Section 22(e)(3) of the Code, as
interpreted by the Company (with such interpretation to be final, conclusive
and binding for purposes of these Award Terms).
“Disability” means “permanent
and total disability” as defined in section 22(e)(3) of the Code, as
interpreted by the Company (with such interpretation to be final, conclusive
and binding for purposes of these Award Terms).
These excerpts taken from the ATVI 10-Q filed Feb 11, 2008. “Disability” means “permanent and total disability”
as defined in section 22(e)(3) of the Code, as interpreted by the
Company (with such interpretation to be final, conclusive and binding for
purposes of these Award Terms).
“Disability” means “permanent and total disability”
as defined in section 22(e)(3) of the Code, as interpreted by the
Company (with such interpretation to be final, conclusive and binding for
purposes of these Award Terms).
“Disability” means “permanent and total disability”
as defined in Section 22(e)(3) of the Code, as interpreted by the
Company (with such interpretation to be final, conclusive and binding for
purposes of these Award Terms).
“Disability” (A) shall have the meaning given to
such term in, or otherwise be determined in accordance with, any employment
agreement or offer letter between the Holder and the Company or any of its
subsidiaries or affiliates in effect from time to time or (B) if the
Holder is not party to any agreement or offer letter with the Company or any of
its subsidiaries or affiliates or any such agreement or offer letter does not
contain a definition of “disability” or otherwise provide a method for
determining whether the Holder is disabled, shall have the meaning ascribed
thereto under the Company’s long-term disability in effect from time to time,
as interpreted under such plan (with such interpretation to be final,
conclusive and binding for purposes of these Award Terms).
This excerpt taken from the ATVI 8-K filed Dec 6, 2007. (b) Disability.(i) The Company or the Executive, upon not less than thirty (30) days written notice to the other party (“Disability Notice”), may terminate the employment by the Company of the Executive if the Executive has been unable, by reason of physical or mental disability, to render, for 120 successive days or for shorter periods aggregating 210 days or more in any twelve (12) month period, services of the character contemplated by this Agreement and will be unable to resume providing such services within a reasonable period of time by reason of such disability (such circumstances being referred to as “Disability”).(ii) The determination of whether the Executive has become Disabled within the meaning of this Section 5(b) shall be made (A) in the case of a termination of employment by the Company, by a medical doctor selected by the Company, or (B) in the case of a termination of employment by the Executive, by Executive’s medical doctor. In the event the Company gives a notice of termination of employment under this Section 5, the Executive or his representative may at any time prior to the effective date of termination contest the termination and cause a determination of Disability to be made by Executive’s medical doctor. In the event the Executive gives a notice of termination of employment under this Section 5, the Company may at any time prior to the effective date of termination contest the termination and cause a determination of Disability to be made by a medical doctor selected by the Company. In either case, if such medical doctors do not agree with regard to the determination of Disability, they shall mutually choose a third medical doctor to examine the Executive, and the Disability determination of such third medical doctor shall be binding upon both the Company and the Executive.(c) Without Cause. By the Company, for any reason other than Death, Cause or Disability, but only upon a vote of a majority of the entire Board (or such other vote required pursuant to the Company’s By-Laws in effect at the time of such vote (the “By-Laws”)) at a meeting duly called and held at which Executive shall have the right to be present and be heard.(d) Cause. By the Company, for Cause, but only upon a vote of a majority of the entire Board (or such other vote required pursuant to the By-Laws) at a meeting duly called and held at which Executive shall have the right to be present and be heard. The term “Cause” means (i) a determination by a court of competent jurisdiction that the Executive has committed any act of fraud or embezzlement in respect of the Company or its funds, properties or assets; (ii) conviction of a felony relating to the Executive’s actions as an executive of the Company under the laws of the United States or any state thereof (provided that all rights of appeal have been exercised or have lapsed) unless such acts were committed in the reasonable, good faith belief that his actions were in the best interests of the Company and its stockholders and would not violate criminal law; (iii) willful misconduct or gross negligence by the Executive in connection with the performance of his duties that has caused or is highly likely to cause severe
5
This excerpt taken from the ATVI DEFA14A filed Dec 6, 2007. (b) Disability.(i) The Company or the Executive, upon not less than thirty (30) days written notice to the other party (“Disability Notice”), may terminate the employment by the Company of the Executive if the Executive has been unable, by reason of physical or mental disability, to render, for 120 successive days or for shorter periods aggregating 210 days or more in any twelve (12) month period, services of the character contemplated by this Agreement and will be unable to resume providing such services within a reasonable period of time by reason of such disability (such circumstances being referred to as “Disability”).(ii) The determination of whether the Executive has become Disabled within the meaning of this Section 5(b) shall be made (A) in the case of a termination of employment by the Company, by a medical doctor selected by the Company, or (B) in the case of a termination of employment by the Executive, by Executive’s medical doctor. In the event the Company gives a notice of termination of employment under this Section 5, the Executive or his representative may at any time prior to the effective date of termination contest the termination and cause a determination of Disability to be made by Executive’s medical doctor. In the event the Executive gives a notice of termination of employment under this Section 5, the Company may at any time prior to the effective date of termination contest the termination and cause a determination of Disability to be made by a medical doctor selected by the Company. In either case, if such medical doctors do not agree with regard to the determination of Disability, they shall mutually choose a third medical doctor to examine the Executive, and the Disability determination of such third medical doctor shall be binding upon both the Company and the Executive.(c) Without Cause. By the Company, for any reason other than Death, Cause or Disability, but only upon a vote of a majority of the entire Board (or such other vote required pursuant to the Company’s By-Laws in effect at the time of such vote (the “By-Laws”)) at a meeting duly called and held at which Executive shall have the right to be present and be heard.(d) Cause. By the Company, for Cause, but only upon a vote of a majority of the entire Board (or such other vote required pursuant to the By-Laws) at a meeting duly called and held at which Executive shall have the right to be present and be heard. The term “Cause” means (i) a determination by a court of competent jurisdiction that the Executive has committed any act of fraud or embezzlement in respect of the Company or its funds, properties or assets; (ii) conviction of a felony relating to the Executive’s actions as an executive of the Company under the laws of the United States or any state thereof (provided that all rights of appeal have been exercised or have lapsed) unless such acts were committed in the reasonable, good faith belief that his actions were in the best interests of the Company and its stockholders and would not violate criminal law; (iii) willful misconduct or gross negligence by the Executive in connection with the performance of his duties that has caused or is highly likely to cause severe
5
These excerpts taken from the ATVI 10-Q filed Nov 7, 2007. “Disability” shall have the meaning set forth in, or otherwise be
determined in accordance with, the Employment Agreement.
“Disability” shall have the meaning set forth in, or otherwise be
determined in accordance with, the Employment Agreement.
“Disability” shall have the
meaning set forth in, or otherwise be determined in accordance with, the
Employment Agreement.
“Disability” shall have the
meaning set forth in, or otherwise be determined in accordance with, the
Employment Agreement.
9. Disability
(a) If, during the Term, you become “Disabled”, you shall receive payment of an amount equal to three (3) times the Base Salary in effect at the time of your Disability, determined in accordance with Section 2(b); provided, however, that this amount shall be reduced by any disability payments you receive under any Employer-sponsored plan. The payment shall be made in a lump sum thirty (30) days following the determination of your Disability.
(b) For purposes of this Agreement, “Disability” shall have the meaning set forth under Section 409A (“Section 409A”) of the Internal Revenue Code of 1986, as amended and the rules and regulations promulgated thereunder (the “Code”). The existence of a Disability under Section 9(a) shall be determined by a physician mutually agreed upon by you and the Employer. If you and the Employer are unable to agree on such a physician, you and the Employer shall each appoint one physician and those two physicians shall appoint a third physician who shall make the determination of whether you have a Disability. You shall cooperate and make yourself available for any medical examination requested by the Employer with respect to any determination of your Disability within 10 days of such a request.
6
(c) Nothing in this Section 9 shall reduce any right you may otherwise have to receive any disability benefits under any Employer-sponsored disability plan.
9. Disability
(a) If, during the Term, you become “Disabled”, you shall receive payment of an amount equal to three (3) times the Base Salary in effect at the time of your Disability, determined in accordance with Section 2(b); provided, however, that this amount shall be reduced by any disability payments you receive under any Employer-sponsored plan. The
6
payment shall be made in a lump sum thirty (30) days following the determination of your Disability.
(b) For purposes of this Agreement, “Disability” shall have the meaning set forth under Section 409A (“Section 409A”) of the Internal Revenue Code of 1986, as amended and the rules and regulations promulgated thereunder (the “Code”). The existence of a Disability under Section 9(a) shall be determined by a physician mutually agreed upon by you and the Employer. If you and the Employer are unable to agree on such a physician, you and the Employer shall each appoint one physician and those two physicians shall appoint a third physician who shall make the determination of whether you have a Disability. You shall cooperate and make yourself available for any medical examination requested by the Employer with respect to any determination of your Disability within 10 days of such a request.
(c) Nothing in this Section 9 shall reduce any right you may otherwise have to receive any disability benefits under any Employer-sponsored disability plan.
These excerpts taken from the ATVI 10-K filed Jun 14, 2007. “Disability” shall have the
meaning set forth in, or otherwise be determined in accordance with, the
Employment Agreement.
“Disability” shall have the meaning set forth in, or
otherwise be determined in accordance with, the Employment Agreement.
“Disability” shall have the
meaning set forth in, or otherwise be determined in accordance with, the
Employment Agreement.
“Disability” means “permanent
and total disability” as defined in section 22(e)(3) of the Code, as
interpreted by the Company (with such interpretation to be final, conclusive
and binding for purposes of these Award Terms).
“Disability” (A)
shall have the meaning given to such term in, or otherwise be determined in
accordance with, any employment agreement or offer letter between the Holder
and the Company or any of its subsidiaries or affiliates in effect from time to
time or (B) if the Holder is not party to any agreement or offer letter with
the Company or any of its subsidiaries or affiliates or any such agreement or
offer letter does not contain a definition “disability” or otherwise provide a
method for determining whether the Holder is disabled, shall mean “permanent
and total disability” as defined in section 22(e)(3) of the Code, as
interpreted by the Company (with such interpretation to be final, conclusive
and binding for purposes of these Award Terms).
This excerpt taken from the ATVI 10-Q filed Nov 3, 2005. Disability. In the event of the termination of employment of the Holder or the
separation from service of the Holder due to the Disability (as defined in
Paragraph 9(c) of the Employment Agreement) of the Holder, the Holder, or
his guardian or legal representative, shall have the unqualified right to
exercise any portion of this Option which has not been previously exercised or
expired and which the Holder was eligible to exercise as of the first date of
Disability, at any time within one year after such termination or separation, This excerpt taken from the ATVI 10-Q filed Aug 4, 2005. Disability.
In the event of the termination of employment of the Holder or the separation
from service of the Holder due to the Disability (as defined in Paragraph 9(c) of
the Employment Agreement) of the Holder, the Holder, or his guardian or legal
representative, shall have the unqualified right to exercise any portion of
this Option which has not been previously exercised or expired and which the
Holder was eligible to exercise as of the first date of Disability, at any time
within one year after such termination or separation, These excerpts taken from the ATVI 10-K filed Jun 9, 2005. Disability. In the event of the termination of employment of the Holder
or the separation from service of the Holder due to disability, the Holder, or
her guardian or legal representative, shall have the unqualified right to
exercise any portion of this Option which has not been previously exercised or
expired and which the Holder was eligible to exercise as of the first date of
total disability (as determined by the Company), at any time within one year
after such termination or separation, unless the Holder’s written employment
agreement with the Company, if any, provides otherwise, in which case the terms
contained in such employment agreement shall control, Disability. In the event of the termination of employment of the Holder or the
separation from service of the Holder due to total disability, the Holder, or
her guardian or legal representative, shall have the unqualified right to
exercise any portion of this Option which has not been previously exercised or
expired and which the Holder was eligible to exercise as of the first date of
total disability (as determined by the Company), at any time within one year
after such termination or separation, | EXCERPTS ON THIS PAGE:RELATED TOPICS for ATVI:
|
| |||||||
