Common use of Bonus Amount and Conditions Clause in Contracts

Bonus Amount and Conditions. Subject to Sections 1.2, 3, 4 and 5.1, the Company shall pay to the Executive the Retention Bonus (as defined in Section 2.9) to the Executive if: promptly, upon request of the Company, the Executive executes and delivers a release of claims against the Company, which release shall be in the same form as Paragraph 9 to the Separation Agreement attached to the Employment Agreement between the Executive and the Company; and the earlier to occur of: (a) the Executive has remained continuously employed by the Company through the earlier of: (i) the date of a full and complete execution of a definitive agreement (the “Definitive Agreement”), the consummation of which would result in either: (A) a Change in Control; or (B) a Going Private Transaction; or (ii) January 27, 2007; or (b) the Executive’s employment by the Company is terminated by the Company without Cause (as defined in Section 2.3) other than in connection with Executive’s death or Disability (as defined in Section 2.6).