Termination of Service

Termination of Service. Shall mean [the time when the engagement of a Participant as a Service Provider Stockholder (as defined in the Stockholders Agreement) is terminated for any reason, with or without cause, including, but not by way of limitation, by resignation, failure to be elected or appointed, discharge, death or retirement, but excluding (i) terminations where there is simultaneous commencement by the former Service Provider Stockholder of a relationship with the Company or a Subsidiary as a Service... Provider Stockholder and (b) at the discretion of the Board, terminations which result in a temporary severance of the service relationship. The Board, in its good faith judgment, shall determine the effect of all matters and questions relating to Termination of Service, including, but not byway of limitation, the question of whether a Termination of Service resulted from discharge for good cause, and all questions of whether a particular leave of absence constitutes a Termination of Service. Notwithstanding any other provision of the Plan, the Company or any Subsidiary has an absolute and unrestricted right to terminate a Service Provider's service at any time for any reason, with or without cause, except to the extent expressly provided otherwise in writing] [the time when the Participant ceases to be a director of the Company]. View More

Termination of Service. When an individual who is a director of the Corporation shall cease to serve as a director of the Corporation for any reason.

Termination of Service. The time when the employee-employer relationship or directorship, or other service relationship (sufficient to constitute service as an Eligible Person), between the Grantee and the Participating Companies is terminated for any reason, with or without Cause, including, but not limited to, any termination by resignation, discharge, death or Retirement; provided, however, Termination of Service shall not include a termination where there is a simultaneous reemployment of the Grantee by a... Participating Company or other continuation of service (sufficient to constitute service as an Eligible Person) for a Participating Company. The Committee, in its absolute discretion, shall determine the effects of all matters and questions relating to Termination of Service, including, but not limited to, the question of whether any Termination of Service was for Cause and all questions of whether particular leaves of absence constitute Terminations of Employment. For this purpose, the service relationship shall be treated as continuing intact while the Grantee is on military leave, sick leave or other bona fide leave of absence (to be determined in the discretion of the Committee). Notwithstanding the foregoing, with respect to any Grant that is subject to Section 409A of the Code, Termination of Service shall be interpreted in a manner that is consistent with the definition of a "separation from service" under Section 409A of the Code and Treasury Regulation 1.409A-1(h) View More

Termination of Service. Occurs when a Participant shall cease to serve as an employee of the Company, for any reason, whether voluntarily or involuntarily, by reason of death or disability, with or without cause, for good reason, or otherwise. In administering the Plan, the Committee may at its option employ compensation consultants, accountants and counsel and other persons to assist or render advice to the Committee, all at the expense of the Company. (b) Any determinations made by the Committee in connection with... the Plan shall be final and binding on the Company and subsidiaries and each Participant in the Plan. The Committee has full power to interpret, amend, modify, suspend, or terminate the Plan at any time and for any reason. View More

Termination of Service. When a Participant shall cease to serve as a full-time employee of the Company for any reason, whether voluntarily or involuntarily, by reason of death, Disability (as defined in the Master Plan), or Retirement (as defined in the Master Plan), with or without cause, for good reason, or otherwise

Termination of Service. A separation from service as defined under Section 409A of the Code.

Termination of Service. In the case of an Employee, a cessation of the employee-employer relationship between the Employee and the Company or a Subsidiary for any reason, including but not by way of limitation, a termination by resignation, discharge, death, disability, retirement or the disaffiliation of a Subsidiary but excluding such termination where there is a simultaneous reemployment by the Company or a Subsidiary, and excluding any bona fide and Company approved leave of absence such as family leave, medical... leave, personal leave and military leave View More

Termination of Service. Shall mean a "separation from service" with the Company (by death, retirement or otherwise) as defined in Treasury Regulation Section 1.409A-1(h).

Termination of Service. The termination of the applicable Participant's Business Relationship. Unless otherwise determined by the Committee (and subject to the limitations applicable to ISOs under the Code), a Termination of Service shall not be considered to have occurred in the case of: (i) a transfer to the employment or service of the Company from an Affiliate or from the Company to an Affiliate, or from one Affiliate to another; or (ii) an approved leave of absence for military service or sickness, or for any... othe rpurpose approved by the Company, if the employee's right to re-employment is guaranteed either by statute or by contract or under the policy pursuant to which the leave of absence was granted or if the Committee otherwise so provides in writing. The Committee may determine, in its sole discretion, that changes in status between service as an Employee, Non-Employee Director, and a Consultant will not constitute a Termination of Service if the individual continues to perform bona fide services for the Company or an Affiliate (subject to the limitations applicable to ISOs under the Code). A Participant employed by, or performing services for, an Affiliate or a division of the Company or of an Affiliate shall be deemed to incur a Termination of Service if, as a result of a Disaffiliation, such Affiliate or division ceases to be an Affiliate or such a division, as the case may be, and the Participant does not immediately thereafter become an employee of, or service provider for, the Company or another Affiliate. The Committee shall have the discretion to determine whether and to what extent the vesting of any Awards shall be tolled during any paid or unpaid leave of absence. View More

Termination of Service. Means a termination of the Distributee's employment with the Company and its subsidiaries or service as a director of the Company and/or ESH REIT, for any reason, including by reason of the Distributee's death or disability, in each case as determined by the Company or ESH REIT, as applicable, and which represents a 'separation from service' as defined in Treasury Regulation §1.409A-1(h), or results from the Distributee's death or disability as defined in Treasury Regulation §1.409A-3(i)(4)