Tier I Participants

Tier I Participants. (i) All individuals who, as of the Effective Date, are members of the Company's Executive Leadership Team and are covered by a Change in Control Agreement with the Company, (ii) all officers of the Company (as such term is defined in Section 16 of the Securities Exchange Act of 1934, as amended) other than the Chief Executive Officer of the Company, and (iii) any other executive designated as a Tier I Participant by the Chief Executive Officer; provided, however, that any employee who... participates in a severance plan or agreement maintained by a company that is acquired by the Company will not be eligible to be a Participant in this Plan until such time as his or her participation in the other severance plan or agreement has been terminated; provided, further, however, that any severance payments or benefits to be provided to a Participant under this Plan are subject to Section 9(b) of the Plan. View More