Common use of Annual Bonus and Long Term Incentive Compensation Clause in Contracts

Annual Bonus and Long Term Incentive Compensation. (i) In addition to the Base Salary, the Employee shall be paid, for each fiscal year ending during the Employment Period, an annual bonus (an "Annual Bonus") pursuant to the Company's Annual Executive Bonus Plan, or a comparable successor plan, in cash, the amount of which Annual Bonus shall be based on substantially the same performance criteria and goals as were in effect in connection with the Bonus Plan or a comparable successor plan to said Bonus Plan immediately prior to the Commencement Date. In no event, however, shall the Employee's Annual Bonus be reduced to a level which is less than the average bonus paid by the Employer with respect to the Employee under the Bonus Plan (or a comparable successor plan to the Bonus Plan) for the three fiscal years of the Employer (or shorter actual period) in which were paid the highest bonuses during the five said years immediately preceding the Commencement Date. In the event that the period for the first annual bonus under said plan has not expired by the date of the Change in Control, the Employee shall be deemed to have received the target bonus for said period. Each such Annual Bonus shall be payable within three months after the end of the fiscal year for which the Annual Bonus is awarded, unless the Employee shall otherwise timely elect to defer the receipt of such Annual Bonus under any deferred compensation plan of the Employer then in effect. (ii) For each fiscal year during the Employment Period, the Employee shall also receive any long-term incentive compensation to which he is entitled pursuant to the terms of stock-based awards granted under the Company's Equity and Performance Incentive Plan ("Long-Term Incentive Compensation"), and shall furthermore continue to receive grants of said types of awards (other than an extraordinary award) consistent with the prior practices of the Company as determined in the two fiscal years of the Company ending immediately prior to the Change in Control (or shorter actual period).

Annual Bonus and Long Term Incentive Compensation. (i) In addition to the Base Salary, the Employee shall be paid, for each fiscal year ending during the Employment Period, an annual bonus (an "“Annual Bonus"”) pursuant to the Company's ’s Annual Executive Bonus Plan, or a comparable successor plan, in cash, the amount of which Annual Bonus shall be based on substantially the same performance criteria and goals as were in effect in connection with the Bonus Plan or a comparable successor plan to said Bonus Plan immediately prior to the Commencement Date. In no event, however, shall the Employee's ’s Annual Bonus be reduced to a level which is less than the average bonus paid by the Employer with respect to the Employee under the Bonus Plan (or a comparable successor plan to the Bonus Plan) for the three [ ] fiscal years of the Employer (or shorter actual period) in which were paid the highest bonuses during the five said years immediately preceding the Commencement Date. In the event that the period for the first annual bonus under said plan has not expired by the date of the Change in Control, the Employee shall be deemed to have received the target bonus for said period. Each such Annual Bonus shall be payable within three months after the end of the fiscal year for which the Annual Bonus is awarded, unless the Employee shall otherwise timely elect to defer the receipt of such Annual Bonus under any deferred compensation plan of the Employer then in effect. (ii) For each fiscal year during the Employment Period, the Employee shall also receive any long-term incentive compensation to which he is entitled pursuant to the terms of stock-based awards granted under the Company's ’s Equity and Performance Incentive Plan ("“Long-Term Incentive Compensation"”), and shall furthermore continue to receive grants of said types of awards (other than an extraordinary award) consistent with the prior practices of the Company as determined in the two fiscal years of the Company ending immediately prior to the Change in Control (or shorter actual period).

Annual Bonus and Long Term Incentive Compensation. (i) In addition to the Base Salary, the Employee shall be paid, for each fiscal year ending during the Employment Period, an annual bonus (an "Annual Bonus") pursuant to the Company's Annual Executive Bonus Plan, or a comparable successor plan, in cash, the amount of which Annual Bonus shall be based on substantially the same performance criteria and goals as were in effect in connection with the Bonus Plan or a comparable successor plan to said Bonus Plan immediately prior to the Commencement Date. In no event, however, shall the Employee's Annual Bonus be reduced to a level which is less than the average bonus paid by the Employer with respect to the Employee under the Bonus Plan (or a comparable successor plan to the Bonus Plan) for the three fiscal years of the Employer (or shorter actual period) in which were paid the highest bonuses during the five said years immediately preceding the Commencement Date. In the event that the period for the first annual bonus under said plan has not expired by the date of the Change in Control, the Employee shall be deemed to have received the target bonus for said period. Each such Annual Bonus shall be payable within three months after the end of the fiscal year for which the Annual Bonus is awarded, unless the Employee shall otherwise timely elect to defer the receipt of such Annual Bonus under any deferred compensation plan of the Employer then in effect. (ii) For each fiscal year during the Employment Period, the Employee shall also receive any long-term incentive compensation to which he is entitled pursuant to the terms of Restricted Stock Awards or Options or other stock-based awards granted under the Company's Equity and Performance Executive Stock Incentive Plan ("Long-Term Incentive Compensation")Plan, and shall furthermore continue to receive grants of said types of awards (other than an extraordinary award) consistent with the prior practices of the Company as determined in the two fiscal years of the Company ending immediately prior to the Change in Control (or shorter actual period)Control.