Termination For Cause

Termination For Cause. Termination of Employee by Triplett for any one or more of the following reasons: (i) Employee's commission of any grossly negligent, fraudulent or dishonest act in connection with Employee's employment with Triplett; (ii) Employee's commission of a felony or a crime involving dishonesty or moral turpitude; (iii) Employee's breach of any covenant relating to non-competition or confidentiality between Employee and Triplett or LKQ; or (iv) Employee's continued failure (after five business days... prior written notice specifying the failure) to carry out Employee's duties and responsibilities as an employee of Triplett. View More

Termination For Cause. Means the termination of the Employee's employment with the Bank or the Company, as applicable, as a result of: 1.9.1 The Employee's failure or refusal to perform the Employee's duties occasioned by reason other than sickness or other disability of the Employee, which is not cured within ten (10) business days after written notice from the Bank or the Company, ... as applicable, specifying such failure or refusal has been delivered; 1.9.2 Commission by the Employee of any materially fraudulent, dishonest or other act of misconduct in the performance of the Employee's duties hereunder, other than at the specific direction of the Board of the Bank or the Company, as applicable; or 1.9.3 Conviction for any felony or crime involving moral turpitude. View More

Termination For Cause. The termination of Mr. Martin's employment by the Company upon the occurrence of any of the following: (i) The willful and continued failure by Mr. Martin substantially to perform his duties with the Company (other than any such failure resulting from Mr. Martin's Total Disability or from Mr. Martin's retirement or any such actual or anticipated failure resulting from termination by Mr. Martin for Good Reason) after a written demand ... for substantial performance is delivered to him by the Southern Board, which demand specifically identifies the manner in which the Southern Board believes that he has not substantially performed his duties; or (ii) The willful engaging by Mr. Martin in conduct that is demonstrably and materially injurious to the Company, monetarily or otherwise, including, but not limited to any of the following: (A) any willful act involving fraud or dishonesty in the course of Mr. Martin's employment by the Company; (B) the willful carrying out of any activity or the making of any statement which would materially prejudice or impair the good name and standing of the Company, Southern or any Southern Subsidiary or would bring the Company, Southern or any Southern Subsidiary into contempt, ridicule or would reasonably shock or offend any community in which the Company, Southern or such Southern Subsidiary is located; (C) attendance at work in a state of intoxication or otherwise being found in possession at his workplace of any prohibited drug or substance, possession of which would amount to a criminal offense; (D) violation of the Company's policies on drug and alcohol usage, fitness for duty requirements or similar policies as may exist from time to time as adopted by the Company's safety officer; (E) assault or other act of violence against any person during the course of employment; or (F) indictment of any felony or any misdemeanor involving moral turpitude. No act or failure to act by Mr. Martin shall be deemed "willful" unless done, or omitted to be done, by Mr. Martin not in good faith and without reasonable belief that his action or omission was in the best interest of the Company. Notwithstanding the foregoing, Mr. Martin shall not be deemed to have been terminated for Cause unless and until there shall have been delivered to him a copy of a resolution duly adopted by the affirmative vote of not less than three quarters of the entire membership of the Southern Board at a meeting of the Southern Board called and held for such purpose (after reasonable notice to Mr. Martin and an opportunity for him, together with counsel, to be heard before the Southern Board), finding that, in the good faith opinion of the Southern Board, Mr. Martin was guilty of conduct set forth above in clause (i) or (ii) of this Paragraph l.(bb) and specifying the particulars thereof in detail. View More

Termination For Cause. Shall mean termination of employment or consulting arrangement as a result of (i) any act or acts by the Optionee constituting a felony under any federal, state or local law; (ii) the Optionee's willful and continued failure to perform the duties assigned to him or her as an Employee or consultant; (iii) any material breach by the Optionee of any agreement with the Company concerning his or her employment or other understanding concerning the terms and conditions of employment by the Company;... (iv) dishonesty, gross negligence or malfeasance by the Optionee in the performance of his or her duties as an Employee or consultant or any conduct by the Optionee which involves a material conflict of interest with any business of the Company or Affiliate; or (v) the Optionee's taking or knowingly omitting to take any other action or actions in the performance of Optionee's duties as an Employee or consultant without informing appropriate members of management to whom such Optionee reports, which action or actions, in the determination of the Committee, have caused or substantially contributed to the material deterioration in the business of the Company or any Affiliate, taken as a whole. View More

Termination For Cause. Shall mean a Termination of Employment as a result of (1) your willful and continued failure substantially to perform your duties (other than any such failure resulting from your incapacity due to physical or mental illness), (2) your conviction for a felony, proven or admitted fraud, misappropriation, theft or embezzlement by you, your inebriation or use of illegal drugs in the course of, related to or connected with the business of the Company or any of its Subsidiaries, or your willful... engaging in misconduct that is materially injurious to the Company or any of its Subsidiaries, monetarily or otherwise, or (3) if you have entered into an employment agreement or contract with the Company or any of its Subsidiaries, any other action or omission that is identified in such agreement or contract as giving rise to "Cause" for the termination of your employment with the Company or any of its Subsidiaries. For this purpose, no act, or failure to act, on your part shall be considered "willful" unless done, or omitted, by you not in good faith and without reasonable belief that your action or omission was in the best interest of Company or any of its Subsidiaries. View More

Termination For Cause. Shall mean a Termination of Employment as a result of (1) Mr. Stephenson's willful and continued failure substantially to perform his duties (other than any such failure resulting from his incapacity due to physical or mental illness), (2) Mr. Stephenson's conviction for a felony, proven or admitted fraud, misappropriation, theft or embezzlement by him, his inebriation or use of illegal drugs in the course of, related to or connected with the business of the Company or any of its Subsidiaries,... or his willful engaging in misconduct that is materially injurious to the Company or any of its Subsidiaries, monetarily or otherwise, or (3) if Mr. Stephenson has entered into an employment agreement or contract with the Company or any of its Subsidiaries, any other action or omission that is identified in such agreement or contract as giving rise to "Cause" for the termination of his employment with the Company or any of its Subsidiaries. For this purpose, no act, or failure 3 to act, on Mr. Stephenson's part shall be considered "willful" unless done, or omitted, by him not in good faith and without reasonable belief that his action or omission was in the best interest of Company or any of its Subsidiaries. View More

Termination For Cause. Shall also have the respective meanings given to such terms in the Severance Benefit Agreement.

Termination For Cause. The termination upon an intentional failure to perform stated duties, breach of a fiduciary duty involving personal dishonesty, which results in material loss to the Holding Company or one of its Affiliates or willful violation of any law, rule or regulation (other than traffic violations or similar offenses) or final cease-and-desist order which results in material loss to the Holding Company or one of its Affiliates.

Termination For Cause. A termination of the employment of Participant by the Company or any Affiliate due to: (i) The commission by Participant, as reasonably determined by the Committee, of any theft, embezzlement or felony against, or in a matter related to, the Company or any Affiliates; (ii) The commission of an unlawful or criminal act by Participant resulting in material injury to the business or property of the Company or Affiliates or of an act generally considered to involve moral turpitude, all as... reasonably determined by the Committee; (iii) The commission of an intentional act by Participant in the performance of Participant's duties as an employee or director of the Company or any Affiliate amounting to gross negligence or misconduct or resulting in material injury to the business or property of the Company or Affiliates, all as reasonably determined by the Committee; (iv) Gross misconduct in, or the continued and willful refusal by the Participant after written notice by the Company to make himself available for, the performance of the Participant's duties for the Company or a subsidiary; or (v) Suspension due to the direction of any authorized bank regulatory agency that the Participant be relieved of his or her duties and responsibilities to the Company or a subsidiary. View More

Termination For Cause. Means a termination of a Participant's employment following: (a) the determination by the Corporation or the Board that the Participant has ceased to perform his duties to the Corporation (other than as a result of his incapacity due to physical or mental illness or injury), which failure amounts to an intentional or extended neglect of his duties to the Corporation, or (b) the Corporation's or Board's determination that the Participant has engaged in or is about to... engage in conduct materially injurious to the Corporation, or (c) the Participant having been convicted of, or plead guilty or no contest to, a felony or the failure of the Participant to follow instruction of the Board or his direct superiors. View More