Common use of Annual Incentive Bonus Clause in Contracts

Annual Incentive Bonus. (a) In each calendar year during the Employment Period, beginning in calendar year 2012, Executive shall be eligible to receive an annual incentive bonus determined annually at the discretion of the Board (the “Incentive Bonus”), subject to the attainment of certain objectives, which shall be established in writing by the Executive and the Board prior to each Bonus Period. Any payments made under this Section 5.2(a), shall be paid within 3 1/2 months of the end of the Bonus Period; the Incentive Bonus is not subject to forfeiture after the conclusion of the Bonus Period. (b) For the Bonus Period in which the Executive’s employment with the Company terminates for any reason, the Company shall pay the Executive a pro rata payment of the portion of the discretionary Incentive Bonus that would have been earned for such year (determined at the end of the calendar year in which such termination occurs) multiplied by a fraction, the numerator of which is the number of days transpired in the calendar year up to and including the date on which Executive is terminated, and the denominator of which is 365, such payment shall be made at the time when bonus payments are paid to other senior executives in accordance with the Company’s normal payroll procedures. (c) The Executive shall receive such additional bonuses, if any, as the Board may in its sole and absolute discretion determine. (d) Any bonuses payable pursuant to this Section 5.2 are sometimes hereinafter referred to as “Incentive Compensation.” Each period for which Incentive Compensation is payable under the Agreement is sometimes hereinafter referred to as a Bonus Period. Unless otherwise specified by the Board or provided under this Agreement, the Bonus Period shall be the fiscal year of the Company.

Annual Incentive Bonus. (a) In each calendar year during the Employment Period, beginning in calendar year 20122019, Executive shall be eligible to receive an annual incentive bonus determined annually at the discretion of by the Board (the “Incentive Bonus”), subject to the attainment of certain objectives, which shall be established in writing by the Executive and the Board prior to each Bonus Period. Any payments made under this Section 5.2(a), shall be paid within 3 1/2 months of the end of the Bonus Period; the Incentive Bonus is not subject to forfeiture after the conclusion of the Bonus Period. This does not impact Executive’s current participation in the 2018 performance based program which will continue with the target level of performance-based bonus at 50% of Base Salary as prorated for adjustments in 2018. (b) For the Bonus Period in which the Executive’s employment with the Company terminates for any reason, the Company shall pay the Executive a pro rata payment of the portion of the discretionary Incentive Bonus that would have been earned for such year (determined at the end of the calendar year in which such termination occurs) multiplied by a fraction, the numerator of which is the number of days transpired in the calendar year up to and including the date on which Executive is terminated, and the denominator of which is 365, such payment shall be made at the time when bonus payments are paid to other senior executives in accordance with the Company’s normal payroll procedures. (c) The Executive shall receive such additional bonuses, if any, as the Board may in its sole and absolute discretion determine. (d) Any bonuses payable pursuant to this Section 5.2 are sometimes hereinafter referred to as “Incentive Compensation.” Each period for which Incentive Compensation is payable under the Agreement is sometimes hereinafter referred to as a Bonus Period. Unless otherwise specified by the Board or provided under this Agreement, the Bonus Period shall be the fiscal year of the Company.

Annual Incentive Bonus. (a) In each calendar year during the Employment Period, beginning in calendar year 20122019, Executive shall be eligible to receive an annual incentive bonus determined annually at the discretion of by the Board (the “Incentive Bonus”), subject to the attainment of certain objectives, which shall be established in writing by the Executive and the Board prior to each Bonus Period. Any payments made under this Section 5.2(a), shall be paid within 3 1/2 months of the end of the Bonus Period; the Incentive Bonus is not subject to forfeiture after the conclusion of the Bonus Period. This does not impact Executive’s current participation in the 2018 performance based program which will continue with the target level of performance-based bonus at 50% of Base Salary. (b) For the Bonus Period in which the Executive’s employment with the Company terminates for any reason, the Company shall pay the Executive a pro rata payment of the portion of the discretionary Incentive Bonus that would have been earned for such year (determined at the end of the calendar year in which such termination occurs) multiplied by a fraction, the numerator of which is the number of days transpired in the calendar year up to and including the date on which Executive is terminated, and the denominator of which is 365, such payment shall be made at the time when bonus payments are paid to other senior executives in accordance with the Company’s normal payroll procedures. (c) The Executive shall receive such additional bonuses, if any, as the Board may in its sole and absolute discretion determine. (d) Any bonuses payable pursuant to this Section 5.2 are sometimes hereinafter referred to as “Incentive Compensation.” Each period for which Incentive Compensation is payable under the Agreement is sometimes hereinafter referred to as a Bonus Period. Unless otherwise specified by the Board or provided under this Agreement, the Bonus Period shall be the fiscal year of the Company.

Annual Incentive Bonus. (a) a. In each calendar year during the Employment Period, beginning in calendar year 20122009, the Executive shall be eligible to receive an annual incentive bonus determined annually at the discretion of the Board (the “Incentive Bonus”), subject to the attainment of certain objectives, which shall be established in writing by the Executive and the Board prior to each Bonus PeriodBoard. Any payments made under this Section 5.2(a), shall be paid within 3 1/2 months of the end of the Bonus Period; Period provided the Incentive Bonus is not no longer subject to forfeiture after the conclusion a substantial risk of the Bonus Periodforfeiture. (b) b. For the Bonus Period or Bonus Periods in which the Executive’s employment with the Company terminates for any reason, the Company shall pay the Executive a pro pro-rata payment of portion (based upon the portion period ending on the date on which the Executive’s employment with the Company terminates) of the discretionary Incentive Bonus under Section 5.2(a) for the Bonus Period or Bonus Periods applicable to the timing of such termination of employment; provided, however, that would have been earned the Bonus Period for such year (determined at purposes of this Section 5.2(b) shall be deemed to end on the end last day of the calendar year in fiscal quarter of the Company during which such termination occurs) multiplied by a fraction, the numerator of which is the number of days transpired in the calendar year up to and including the date on which Executive is terminated, and the denominator of which is 365, such payment shall be made at the time when bonus payments are paid to other senior executives in accordance with the CompanyExecutive’s normal payroll proceduresemployment so terminates. (c) c. The Executive shall receive such additional bonuses, if any, as the Board may in its sole and absolute discretion determine. (d) d. Any bonuses payable pursuant to this Section 5.2 are sometimes hereinafter referred to as “Incentive Compensation.” Each period for which Incentive Compensation is payable under the Agreement is sometimes hereinafter referred to as a Bonus Period. Unless otherwise specified by the Board or provided under this Agreement, the Bonus Period shall be the fiscal year of the Company.

Annual Incentive Bonus. (a) In each calendar year during the Employment Period, beginning in calendar year 20122019, Executive shall be eligible to receive an annual incentive bonus determined annually at the discretion of by the Board (the “Incentive Bonus”), subject to the attainment of certain objectives, which shall be established in writing by the Executive and the Board prior to each Bonus Period. Any payments made under this Section 5.2(a6.2(a), shall be paid within 3 1/2 months of the end of the Bonus Period; the Incentive Bonus is not subject to forfeiture after the conclusion of the Bonus Period. This provision does not impact Executive’s current participation in the 2018 performance based program which will continue with the target level of performance-based bonus at 60% of Base Salary as prorated for adjustments in 2018. (b) For the Bonus Period in which the Executive’s employment with the Company terminates for any reason, the Company shall pay the Executive a pro rata payment of the portion of the discretionary Incentive Bonus that would have been earned for such year (determined at the end of the calendar year in which such termination occurs) multiplied by a fraction, the numerator of which is the number of days transpired in the calendar year up to and including the date on which Executive is terminated, and the denominator of which is 365, such payment shall be made at the time when bonus payments are paid to other senior executives in accordance with the Company’s normal payroll procedures. (c) The Executive shall receive such additional bonuses, if any, as the Board may in its sole and absolute discretion determine. (d) Any bonuses payable pursuant to this Section 5.2 6.2 are sometimes hereinafter referred to as “Incentive Compensation.” Each period for which Incentive Compensation is payable under the Agreement is sometimes hereinafter referred to as a Bonus Period. Unless otherwise specified by the Board or provided under this Agreement, the Bonus Period shall be the fiscal year of the Company.

Annual Incentive Bonus. (a) In each calendar year during the Employment Period, beginning in calendar year 2012, Executive shall be eligible to receive an annual incentive bonus determined annually at the discretion of the Board (the “Incentive Bonus”), subject to the attainment of certain objectives, which shall be established in writing by the Executive and the Board prior to each Bonus Period. Notwithstanding the foregoing, Executive shall be eligible to receive an annual incentive bonus pursuant to objectives previously established by the Board for calendar year 2011 prorated from June 3, 2011, the initial date of Executive’s employment with the Company prior to the Effective Date. Any payments made under this Section 5.2(a), shall be paid within 3 1/2 months of the end of the Bonus Period; the Incentive Bonus is not subject to forfeiture after the conclusion of the Bonus Period. (b) For the Bonus Period in which the Executive’s employment with the Company terminates for any reason, the Company shall pay the Executive a pro rata payment of the portion of the discretionary Incentive Bonus that would have been earned for such year (determined at the end of the calendar year in which such termination occurs) multiplied by a fraction, the numerator of which is the number of days transpired in the calendar year up to and including the date on which Executive is terminated, and the denominator of which is 365, such payment shall be made at the time when bonus payments are paid to other senior executives in accordance with the Company’s normal payroll procedures. (c) The Executive shall receive such additional bonuses, if any, as the Board may in its sole and absolute discretion determine. (d) Any bonuses payable pursuant to this Section 5.2 are sometimes hereinafter referred to as “Incentive Compensation.” Each period for which Incentive Compensation is payable under the Agreement is sometimes hereinafter referred to as a Bonus Period. Unless otherwise specified by the Board or provided under this Agreement, the Bonus Period shall be the fiscal year of the Company.

Annual Incentive Bonus. (a) In each calendar year during During the Employment Period, beginning in calendar year 2012Term, Executive shall will be eligible to receive earn an annual incentive bonus (an “Annual Bonus”) under the same or substantially same bonus arrangement, plan or program as in effect for other executive-level employees of the Company from time to time and based upon the same general objective standards as are applied to the other executive-level employees of Company, as determined annually at by LEGAL_US_E # 168595263.6 the discretion Company in its sole discretion. Consistent therewith, the Compensation Committee of the Board (the “Incentive BonusCompensation Committee”), subject to the attainment of certain objectives, which shall be established ) will determine in writing by the Executive its sole discretion Executive’s target bonus opportunity and the Board prior to each Bonus Period. Any payments made under this Section 5.2(a)criteria for earning such bonus, shall be paid within 3 1/2 months of the end of the Bonus Period; the Incentive Bonus is not subject to forfeiture after the conclusion of the Bonus Period. (b) For the Bonus Period in which the as well as Executive’s employment with the Company terminates for any reason, the Company shall pay the Executive a pro rata payment achievement of the portion of the discretionary Incentive Bonus that would have been earned for such year (determined at the end of the calendar year in which such termination occurs) multiplied by a fraction, the numerator of which is the number of days transpired in the calendar year up to and including the date on which Executive is terminatedcriteria, and the denominator amount of which the Annual Bonus earned and payable to Executive for such year. Notwithstanding the foregoing, the target bonus opportunity for 2023 shall not be less than 15% of Base Salary. Any Annual Bonus that is 365, such payment shall be made at the time when bonus payments are paid to other senior executives in accordance with the Company’s normal payroll procedures. (c) The Executive shall receive such additional bonuses, if any, as the Board may in its sole earned and absolute discretion determine. (d) Any bonuses becomes payable pursuant to this Section 5.2 are sometimes hereinafter referred 3(b) will be paid no later than March 31st of the calendar year immediately following the calendar year to as “Incentive Compensation.” Each period for which Incentive Compensation is payable under the Agreement is sometimes hereinafter referred to as a Annual Bonus Periodrelates. Unless otherwise specified Executive must remain employed by the Board Company through December 31 of the applicable calendar year to be eligible to earn an Annual Bonus for such year; provided, however, that if the Employment Term ends prior to December 31 by reason of either termination by Executive for Good Reason or provided under this Agreementby the Company’s At-Will Termination, the Annual Bonus Period for such partial calendar year shall be prorated on a weekly basis for his period of employment in such year, however, the fiscal Annual Bonus will be paid on March 31 the following calendar year regardless of the Companytermination date. The determinations of the Compensation Committee with respect to the Annual Bonus will be final and binding unless there is direct evidence that the determination was in violation of the terms and provision of this Section 3(b) or the applicable program, plan or arrangement.

Annual Incentive Bonus. (a) a. In each calendar year during the Employment Period, beginning in calendar year 20122009, the Executive shall be eligible to receive an annual incentive bonus determined annually at the discretion of the Board (the “Incentive Bonus”), subject to the attainment of certain objectives, which shall be established in writing by the Executive and the Board prior to each Bonus PeriodBoard. Any payments made under this Section 5.2(a), shall be paid within 3 1/2 months of the end of the Bonus Period; Period provided the Incentive Bonus is not no longer subject to forfeiture after the conclusion a substantial risk of the Bonus Periodforfeiture. (b) b. For the Bonus Period or Bonus Periods in which the Executive’s employment with the Company terminates for any reason, the Company shall pay the Executive a pro rata payment of portion (based upon the portion period ending on the date on which the Executive’s employment with the Company terminates) of the discretionary Incentive Bonus under Section 5.2(a) for the Bonus Period or Bonus Periods applicable to the timing of such termination of employment; provided, however, that would have been earned the Bonus Period for such year (determined at purposes of this Section 5.2(b) shall be deemed to end on the end last day of the calendar year in fiscal quarter of the Company during which such termination occurs) multiplied by a fraction, the numerator of which is the number of days transpired in the calendar year up to and including the date on which Executive is terminated, and the denominator of which is 365, such payment shall be made at the time when bonus payments are paid to other senior executives in accordance with the CompanyExecutive’s normal payroll proceduresemployment so terminates. (c) c. The Executive shall receive such additional bonuses, if any, as the Board may in its sole and absolute discretion determine. (d) d. Any bonuses payable pursuant to this Section 5.2 are sometimes hereinafter referred to as “Incentive Compensation.” Each period for which Incentive Compensation is payable under the Agreement is sometimes hereinafter referred to as a Bonus Period. Unless otherwise specified by the Board or provided under this Agreement, the Bonus Period shall be the fiscal year of the Company.

Annual Incentive Bonus. (a) In each calendar year during the Employment Period, beginning in calendar year 20122018, Executive shall be eligible to receive an annual incentive bonus determined annually at the discretion of by the Board (the “Incentive Bonus”), subject to the attainment of certain objectives, which shall be established in writing by the Executive and the Board prior to each Bonus Period. Any payments made under this Section 5.2(a), shall be paid within 3 1/2 months of the end of the Bonus Period; the Incentive Bonus is not subject to forfeiture after the conclusion of the Bonus Period. (b) For the Bonus Period in which the Executive’s employment with the Company terminates for any reason, the Company shall pay the Executive a pro rata payment of the portion of the discretionary Incentive Bonus that would have been earned for such year (determined at the end of the calendar year in which such termination occurs) multiplied by a fraction, the numerator of which is the number of days transpired in the calendar year up to and including the date on which Executive is terminated, and the denominator of which is 365, such payment shall be made at the time when bonus payments are paid to other senior executives in accordance with the Company’s normal payroll procedures. (c) The Executive shall receive such additional bonuses, if any, as the Board may in its sole and absolute discretion determine. (d) Any bonuses payable pursuant to this Section 5.2 are sometimes hereinafter referred to as “Incentive Compensation.” Each period for which Incentive Compensation is payable under the Agreement is sometimes hereinafter referred to as a Bonus Period. Unless otherwise specified by the Board or provided under this Agreement, the Bonus Period shall be the fiscal year of the Company.

Annual Incentive Bonus. (a) In each calendar year during the Employment Period, beginning in calendar year 20122015, Executive shall be eligible to receive an annual incentive bonus determined annually at the discretion of by the Board (the “Incentive Bonus”), subject to the attainment of certain objectives, which shall be established in writing by the Executive and the Board prior to each Bonus Period. Any payments made under this Section 5.2(a), shall be paid within 3 1/2 months of the end of the Bonus Period; the Incentive Bonus is not subject to forfeiture after the conclusion of the Bonus Period. (b) For the Bonus Period in which the Executive’s employment with the Company terminates for any reason, the Company shall pay the Executive a pro rata payment of the portion of the discretionary Incentive Bonus that would have been earned for such year (determined at the end of the calendar year in which such termination occurs) multiplied by a fraction, the numerator of which is the number of days transpired in the calendar year up to and including the date on which Executive is terminated, and the denominator of which is 365, such payment shall be made at the time when bonus payments are paid to other senior executives in accordance with the Company’s normal payroll procedures. (c) The Executive shall receive such additional bonuses, if any, as the Board may in its sole and absolute discretion determine. (d) Any bonuses payable pursuant to this Section 5.2 are sometimes hereinafter referred to as “Incentive Compensation.” Each period for which Incentive Compensation is payable under the Agreement is sometimes hereinafter referred to as a Bonus Period. Unless otherwise specified by the Board or provided under this Agreement, the Bonus Period shall be the fiscal year of the Company.

Annual Incentive Bonus. (a) In each calendar year during the Employment Period, beginning in calendar year 20122010, the Executive shall be eligible to receive an annual incentive bonus determined annually at the discretion of the Board (the “Incentive Bonus”), subject to the attainment of certain objectives, which shall be established in writing by the Executive and the Board prior to each Bonus PeriodBoard. Any payments made under this Section 5.2(a), shall be paid within 3 1/2 months of the end of the Bonus Period; the Incentive Bonus is not subject to forfeiture after the conclusion of the Bonus Period. (b) For the Bonus Period or Bonus Periods in which the Executive’s employment with the Company terminates for any reason, the Company shall pay the Executive a pro rata payment of portion (based upon the portion period ending on the date on which the Executive’s employment with the Company terminates) of the discretionary Incentive Bonus under Section 5.2(a) for the Bonus Period or Bonus Periods applicable to the timing of such termination of employment; provided, however, that would have been earned the Bonus Period for such year (determined at purposes of this Section 5.2(b) shall be deemed to end on the end last day of the calendar year in fiscal quarter of the Company during which such termination occurs) multiplied by a fraction, the numerator of which is the number of days transpired in the calendar year up to and including the date on which Executive is terminated, and the denominator of which is 365, such payment shall be made at the time when bonus payments are paid to other senior executives in accordance with the CompanyExecutive’s normal payroll proceduresemployment so terminates. (c) The Executive shall receive such additional bonuses, if any, as the Board may in its sole and absolute discretion determine. (d) Any bonuses payable pursuant to this Section 5.2 are sometimes hereinafter referred to as “Incentive Compensation.” Each period for which Incentive Compensation is payable under the Agreement is sometimes hereinafter referred to as a Bonus Period. Unless otherwise specified by the Board or provided under this Agreement, the Bonus Period shall be the fiscal year of the Company.

Annual Incentive Bonus. (a) a. In each calendar year during the Employment Period, beginning in calendar year 20122009, the Executive shall be eligible to receive an annual target incentive bonus determined annually at the discretion of the Board forty percent (40%) of Executive’s Base Salary (the “Incentive Bonus”), subject to based upon the attainment of certain objectives, which shall be established in writing by the Executive and the Board prior to each Bonus PeriodBoard. Any payments made under this Section 5.2(a), shall be paid within 3 1/2 months of the end of the Bonus Period; Period provided the Incentive Bonus is not no longer subject to forfeiture after the conclusion a substantial risk of the Bonus Periodforfeiture. (b) b. For the Bonus Period or Bonus Periods in which the Executive’s employment with the Company terminates for any reason, other than Change in Control, the Company shall pay the Executive a pro rata payment of portion (based upon the portion of the discretionary Incentive Bonus that would have been earned for such year (determined at the end of the calendar year in which such termination occurs) multiplied by a fraction, the numerator of which is the number of days transpired in the calendar year up to and including period ending on the date on which Executive is terminatedthe Executive’s employment with the Company terminates) of the annual target Incentive Bonus under Section 5.2(a) for the Bonus Period or Bonus Periods applicable to the timing of such termination of employment; provided, and however, that the denominator Bonus Period for purposes of which is 365, such payment this Section 5.2(b) shall be made at deemed to end on the time when bonus payments are paid to other senior executives in accordance with last day of the Companyfiscal quarter of the Company during which the Executive’s normal payroll proceduresemployment so terminates. (c) c. The Executive shall receive such additional bonuses, if any, as the Board may in its sole and absolute discretion determine. (d) d. Any bonuses payable pursuant to this Section 5.2 are sometimes hereinafter referred to as “Incentive Compensation.” Each period for which Incentive Compensation is payable under the Agreement is sometimes hereinafter referred to as a Bonus Period. Unless otherwise specified by the Board or provided under this Agreement, the Bonus Period shall be the fiscal year of the Company.