Cash Award. Subject to Section 2 and provided that you are employed by the Company or one of its affiliates on each applicable payment date set forth below, the Company shall pay you the Cash Award at the following times: (i) one-third (1/3) of the Cash Award on the Closing Date, (ii) one-third (1/3) of the Cash Award on the first anniversary of the Closing Date and (iii) the remaining one-third (1/3) of the Cash Award on the second anniversary of the Closing Date.
Cash Award. (i) For each calendar year during the Term, the Executive will be eligible for performance-based cash compensation (the “Cash Award”) equal to 50% of the Executive’s Annual Salary for such year for the achievement of 100% - 105% of the Gross Revenue and EBITDA Budgets for each applicable calendar year.
(ii) Should only one of the budgets, either Gross Revenue Budget or EBITDA Budget, be achieved for any calendar year, then the Executive will be eligible for one-half (50%) of the Cash Award in such calendar year; and
(A) If the Gross Revenue Budget or EBITDA Budget are not achieved in any year throughout the Term but:
a. 90% to 95% of the Gross Revenue Budget is achieved the Executive shall be entitled to 90% of the Cash Award that would have been earned if 100% to 105% of the Gross Revenue Budget had been achieved;
b. greater than 95% to 100% of the Gross Revenue Budget is achieved the Executive shall be entitled to 95% of the Cash Award that would have been earned if 100% to 105% of the Gross Revenue Budget had been achieved;
c. 90% to 95% of the EBITDA Budget is achieved the Executive shall be entitled to 90% of the Cash Award that would have been earned if 100% to 105% of the EBITDA Budget had been achieved;
d. greater than 95% to 100% of the EBITDA Budget is achieved the Executive shall be entitled to 95% of the Cash Award that would have been earned if 100% to 105% of the EBITDA Budget had been achieved, and;
(B) If the Gross Revenue Budget or EBITDA Budget are achieved in any year throughout the Term but:
a. 105% to110% of the Gross Revenue Budget is achieved the Executive shall be entitled to 105% of the Cash Award that would have been earned if 100% to 105% of the Gross Revenue Budget had been achieved;
b. greater than 110% to115% of the Gross Revenue Budget is achieved the Executive shall be entitled to 110% of the Cash Award that would have been earned if the Gross Revenue Budget had been achieved;
c. greater than 115% to 120% of the Gross Revenue Budget is achieved the Executive shall be entitled to 115% of the Cash Award that would have been earned if 100% to 105% of the Gross Revenue Budget had been achieved;
d. greater than 120% to 200% of the Gross Revenue Budget is achieved the Executive shall be entitled to 150% of the Cash Award that would have been earned if 100% to 105% of the Gross Revenue Budget had been achieved;
e. greater than 200% of the Gross Revenue Budget is achieved the Executive shall be entitled to 200% of the Cash Award tha...
Cash Award. A lump sum payment in an amount equal to two times the sum of (A) the Executive’s base salary immediately prior to the Change of Control and (B) the target bonus amount for Executive under the Company’s annual bonus program with respect to the year of the Change of Control. This lump sum payment shall be paid on the sixtieth (60th) day after Executive’s “separation from service” or the Change of Control, whichever is later.
Cash Award. In consideration of the Executive's promises set forth herein, the Executive shall be paid a cash payment of $1,000,000 (the "Cash Payment") as of the Effective Date, less applicable withholding taxes. In the event that the Executive's employment is terminated for any reason on or before January 31, 2004, the Executive shall immediately forfeit this payment. Within 15 days of such termination, the Executive shall be required to repay the Cash Payment to the Company. If such repayment is not timely received by the Company, the Executive agrees that, in addition to all other remedies available to the Company, the Company shall have the following cumulative remedies:
(a) The Company may set off and deduct the amount of the Cash Payment, from any moneys owing to the Executive by the Company as of the date of termination of employment, as well as any funds held in any of the Executive's accounts under any of the Company's nonqualified benefit plans.
(b) The Company may set off and deduct the amount of the Cash Payment, from the fair market value of any vested shares of Company stock held in any of the Executive's accounts under any of the Company's nonqualified benefit plans. "Fair market value" of the stock shall be defined as the mean of the highest price and lowest price at which the stock shall have been sold, regular way, on the date of termination of employment, as reported on the Composite Transactions reporting system. Provided, however, notwithstanding anything else in this Agreement to the contrary:
(1) The Executive shall not be required to repay the Company the amount of the Cash Payment if the Executive's employment is terminated within a three year period following a Change in Control, by the Company other than for Cause or by the Executive for Good Reason (as such capitalized terms are defined in the Severance Agreement).
(2) The Executive shall not be required to repay the Company the amount of taxes required to be withheld in connection with the Cash Payment if the Executive's employment is terminated due to the Executive's death or by the Company other than for Cause or by the Executive for Good Reason (as such capitalized terms are defined in the Severance Agreement).
Cash Award. The Company shall pay to Executive a cash amount of $750,000 by December 31 of each of 2012 through 2014, subject to his continued employment with the Company on such dates (collectively, the “Retention Awards”).
Cash Award. A lump sum payment in the amount equal to four (4) times Executive’s then prevailing Base Salary plus the Executive’s target for the annual short term incentive portion of the corporate bonus program for such year as in effect immediately prior to such termination, in addition to any other earned but unpaid base salary or vacation pay due through the date of such termination, as well as a pro rata portion of the Executive’s annual short term incentive portion of the corporate bonus program for such year (if any) and a pro rata portion of the Executive’s long term incentive portion of the corporate bonus program (if any) (based on the number of days elapsed during such year through the date of termination) as in effect immediately prior to such termination. This lump sum payment is to be paid as soon as practicable after the effective date of the termination for Cause or Voluntary Termination for Good Reason following a Change of Control but in any case, by no later than March 14 of the calendar year following the calendar year in which such termination occurs.
Cash Award. A lump sum payment in the amount equal to two (2) times Executive’s then prevailing Base Salary. This lump sum payment is to be paid as soon as practicable on or after the effective date of the termination for Cause or Voluntary Termination for Good Reason following a Change of Control but in any case, by no later than March 14 of the calendar year following the calendar year in which such termination occurs, unless otherwise required by applicable law.
Cash Award. As consideration for entering into this Agreement, Executive will receive, on the first regular payroll date following the Commencement Date, a cash payment equal to $1,000,000 (the “Cash Award”). This amount of the Cash Award shall be inclusive of any amount payable to Executive as an over-attainment bonus in respect of the 2019 fiscal year.
Cash Award. “Cash Award” means an award denominated and payable in cash.
Cash Award. The cash award will be at a targeted amount of 100% of Base Salary (“Target”) and a maximum of 125% of Base Salary, with the actual amount determined by the Board of Directors based on corporate performance relative to pre-established annual objectives. The objectives for Executive will be the same as for other Program participants. The cash portion will be payable within 10 business days after the third anniversary of the award date. The objectives for Executive will be the same as for other Program participants.
