Calculation of Payments. The first twenty-six (26) payments to be made pursuant to the terms of this Paragraph 9 shall be in an amount equal to 1/26th of the greater of (i) the average of the annual total compensation (including, but not limited to, salary and bonus) paid by Employer, its affiliates and/or successors to Employee during the three (3) year period immediately preceding Employee's termination of employment hereunder, or (ii) the amount of Employee's total compensation (including, but not limited to, salary and bonus) paid by Employer, its affiliates and/or successors to Employee during the twelve (12) month period immediately preceding Employee's termination of employment. Thereafter, the biweekly payments shall increase annually in accordance with Subparagraph 9.1.2.
Appears in 7 contracts
Samples: Employment Agreement (Stater Bros Holdings Inc), Employment Agreement (Stater Bros Holdings Inc), Employment Agreement (Stater Bros Holdings Inc)
Calculation of Payments. The first twenty-six (26) payments to be made pursuant to the terms of this Paragraph 9 shall be in an amount equal to 1/26th of the greater of (i) the average of the annual total compensation (including, but not limited to, salary and bonus) paid by Employer, its affiliates and/or successors to Employee during the three (3) year period immediately preceding Employee's ’s termination of employment hereunder, or (ii) the amount of Employee's ’s total compensation (including, but not limited to, salary and bonus) paid by Employer, its affiliates and/or successors to Employee during the twelve (12) month period immediately preceding Employee's ’s termination of employment. Thereafter, the biweekly payments shall increase annually in accordance with Subparagraph 9.1.2.
Appears in 3 contracts
Samples: Employment Agreement, Employment Agreement (Stater Bros Holdings Inc), Employment Agreement (Stater Bros. Markets)
Calculation of Payments. The first twenty-six (26) payments to be made pursuant to the terms of this Paragraph 9 shall be in an amount equal to 1/26th of the greater of (i) the average of the annual total compensation (including, but not limited to, salary and bonus) paid by Employer, its affiliates and/or successors to Employee during the three (3) year period immediately preceding Employee's termination of employment hereunder, or (ii) the amount of Employee's total compensation (including, but not limited to, salary and bonus) paid by Employer, its affiliates and/or successors to Employee during the twelve (12) month period immediately preceding Employee's termination of employment. Thereafter, the biweekly payments shall increase annually in accordance with Subparagraph 9.1.2.
Appears in 2 contracts
Samples: Employment Agreement (Stater Bros Holdings Inc), Employment Agreement (Stater Bros Holdings Inc)
Calculation of Payments. The first twenty-six (26) payments to be made pursuant to the terms of this Paragraph 9 shall be in an amount equal to 1/26th of the greater of (i) the average of the annual total compensation (including, but not limited to, salary and bonus) paid by Employer, its affiliates and/or successors to Employee during the three (3) year period immediately preceding Employee's termination of employment hereunder, or (ii) the amount of Employee's total compensation (including, but not limited to, salary and bonus) paid by Employer, its affiliates and/or successors to Employee during the twelve (12) month period immediately preceding Employee's termination termina-tion of employment. Thereafter, the biweekly payments shall increase annually in accordance with Subparagraph 9.1.2.
Appears in 1 contract