Amount of Payment Benefits Sample Clauses

Amount of Payment Benefits. If there is a Change in Control within the term of this Amendment, then the Key Executive shall be entitled to the following benefits: (a) The Company shall pay to the Key Executive an amount equal to the present value of the total amounts of money that would have been paid to the Key Executive during the period beginning on the date of the Change in Control and ending on a date two (2) years subsequent to the date of the Change in Control. For purposes of this subparagraph (a), the total amounts of money that would have been paid to the Key Executive during such period shall be based on an annual rate calculated as follows: An amount equal to two (2) times the Key Executive's average annual Compensation for the two (2) fiscal years of the Company preceding the fiscal year in which the Change in Control occurs. The present value of the foregoing total amounts shall be determined by using a discount rate equal to one hundred percent (100%) of the applicable federal rate (as defined in Section 1274(d) of the Internal Revenue Code) as of the Termination Date, and shall be based on the assumption that the Compensation for the period in question would be received by the Key Executive on a monthly basis. In addition to the aforesaid payment, the Key Executive shall receive the sum of One Hundred Thousand and 00/100 Dollars ($100,000.00) for each One and 00/100 Dollar ($1.00) the stock of the Company sells for in excess of Twelve and 50/100 Dollars ($12.50) per share (on the date the Change in Control occurs). The additional payment on any increase in the value of the stock shall be calculated on the fractional increase, e.g., if on the date the Change in Control occurs the average price per share of Company Stock trades for Fourteen and 00/100 Dollars ($14.00) per share, the additional payment to the Key Executive shall be One Hundred Fifty Thousand and 00/100 Dollars ($150,000.
AutoNDA by SimpleDocs
Amount of Payment Benefits. (a) If there is a Change in Control within the term of this Agreement, then the Key Executive shall be entitled to payment under this Agreement and any other agreement, arrangement, plan or entitlement with the Company or any of its subsidiaries, of an amount no greater than two and ninety-nine one-hundredths (2.99) times the aggregate of (i) his annual salary as Chairman of the Board and as Chairman of the Executive Committee, plus (ii) his annual bonus prorated to the portion of the year completed prior to the next annual meeting, plus (iii) his annual restricted stock grant; provided that the Key Executive shall not be entitled to receive more than the sum of Five Hundred Thousand and 00/100 Dollars ($500,000.00) gross from the Company under this Agreement. Any payments made under this paragraph shall be subject to the limitation set forth in paragraph 3.3 below and shall be payable in a lump sum within thirty (30) days after the date on which a Change in Control occurs. (b) The Key Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise, and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to the Key Executive in any subsequent employment.

Related to Amount of Payment Benefits

  • Amount of Payments For purposes of this Agreement, a “Tax Benefit Payment” with respect to any Member means an amount, not less than zero, equal to the sum of: (i) the Net Tax Benefit that is Attributable to such Member and (ii) the Actual Interest Amount.

  • Amount of Payment The “Early Termination Payment” payable to a Member pursuant to Section 4.3(a) shall equal the present value, discounted at the Agreed Rate and determined as of the Early Termination Reference Date, of all Tax Benefit Payments (other than any Tax Benefit Payments in respect of Taxable Years ending prior to the Early Termination Effective Date) that would be required to be paid by the Corporation to such Member, beginning from the Early Termination Effective Date and using the Valuation Assumptions. For the avoidance of doubt, an Early Termination Payment shall be made to each Member in accordance with this Agreement, regardless of whether such Member has Exchanged all of its Units as of the Early Termination Effective Date.

  • Amount of Benefits The vested amount credited to a Participant’s Account as determined under Articles 6, 7 and 8 shall determine and constitute the basis for the value of benefits payable to the Participant under the Plan.

  • Notice of Payment of Termination Payment As soon as practicable after a liquidation, Notice shall be given by the Non-Defaulting Party to the Defaulting Party of the amount of the Termination Payment and whether the Termination Payment is due to the Non-Defaulting Party. The Notice shall include a written statement explaining in reasonable detail the calculation of such amount and the sources for such calculation. The Termination Payment shall be made to the Non-Defaulting Party, as applicable, within ten (10) Business Days after such Notice is effective.

  • Retirement Benefits Due to either investment or employment during the marriage, either the Husband or Wife: (check one)

  • Amount of Benefit The annual benefit under this Section 3.1 is the Normal Retirement Benefit amount described in Section 2.1.1.

  • Termination Benefits (a) Upon the occurrence of a Change in Control, followed at any time during the term of this Agreement by the involuntary termination of the Executive’s employment (other than for Termination for Cause or death), or by the Executive for Good Reason, the Employers shall: (i) pay the Executive, or in the event of his subsequent death, his beneficiary or beneficiaries, or his estate, as the case may be, a lump sum payment within thirty (30) days of the Date of Termination an amount equal to three (3) times the Executive’s average annual compensation for the five most recent taxable years that the Executive has been employed by the Employers or such lesser number of years in the event that the Executive shall have been employed by the Employers for less than five years. For this purpose, annual compensation shall include base salary and any other taxable income, including, but not limited to, amounts related to the granting, vesting or exercise of restricted stock or stock option awards, commissions, bonuses, pension and profit sharing plan contributions or benefits (whether or not taxable), severance payments, retirement benefits, and fringe benefits paid or to be paid to the Executive or paid for the Executive’s benefit during any such year; and (ii) cause to be continued life insurance and non-taxable medical, dental and disability coverage substantially identical to the coverage maintained by the Employers for the Executive prior to his Date of Termination, except to the extent such coverage may be changed in its application to all employees on a nondiscriminatory basis. Such coverage and payments shall cease upon the expiration of thirty-six (36) full calendar months from the Date of Termination. (b) Notwithstanding the foregoing, to the extent required to avoid penalties under Section 409A of the Code, the cash severance payable under Section 3 of this Agreement shall be delayed until the first day of the seventh month following the Executive’s Date of Termination. (c) For purposes of this Agreement, a “termination of employment” shall mean a “Separation from Service” as defined in Section 409A of the Code and the regulations promulgated thereunder, such that the Employers and the Executive reasonably anticipate that the level of bona fide services the Executive would perform after a termination of employment would permanently decrease to a level that is less than 50% of the average level of bona fide services performed (whether as an employee or as an independent contractor) over the immediately preceding thirty-six (36) month period.

  • Amount of Compensation City shall pay Contractor for performance of all Services rendered in accordance with this Contract in an amount not to exceed $3,000,000.

  • Non-Duplication of Payment or Benefits For purposes of clarity, in the event of a Qualifying Pre-CIC Termination, any severance payments and benefits to be provided to the Executive under Section 3(b) will be reduced by any amounts that already were provided to the Executive under Section 3(a). Notwithstanding any provision of this Agreement to the contrary, if the Executive is entitled to any cash severance, continued health coverage benefits, or vesting acceleration of any equity awards (other than under this Agreement) by operation of applicable law or under a plan, policy, contract, or arrangement sponsored by or to which any member of the Company Group is a party (“Other Benefits”), then the corresponding severance payments and benefits under this Agreement will be reduced by the amount of Other Benefits paid or provided to the Executive.

  • Retirement Benefit Should the Director still be in the Directorship ------------------ of the Association upon attainment of his 70th birthday, the Association will commence to pay him $590 per month for a continuous period of 120 months. In the event that the Director should die after becoming entitled to receive said monthly installments but before any or all of said installments have been paid, the Association will pay or will continue to pay said installments to such beneficiary or beneficiaries as the Director has directed by filing with the Association a notice in writing. In the event of the death of the last named beneficiary before all the unpaid payments have been made, the balance of any amount which remains unpaid at said death shall be commuted on the basis of 6 percent per annum compound interest and shall be paid in a single sum to the executor or administrator of the estate of the last named beneficiary to die. In the absence of any such beneficiary designation, any amount remaining unpaid at the Director's death shall be commuted on the basis of 6 percent per annum compound interest and shall be paid in a single sum to the executor or administrator of the Director's estate.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!