Cash Bonus Compensation. (a) In addition to the Base Salary, Employee shall have the opportunity to earn an annual cash bonus (the “Annual Bonus”) in respect of each calendar year during the Term with a target Annual Bonus of up to one hundred percent (100%) of Employee’s Base Salary (the “Target Bonus”). The amount of the Annual Bonus for each fiscal year shall be determined by EGH’s Board of Directors (the “Board”) or such committee to which the Board has defeased its power and authority under EGH’s certificate of incorporation as in effect from time to time (or any committee or subcommittee thereof to which the Board or such committee to which the Board has defeased its power and authority has delegated the applicable authority (if any such delegation has occurred)) (the Board or such committee, as applicable, the “Governing Body”) in its sole discretion and may exceed the amount of the target Annual Bonus for such fiscal year. (b) Fifty percent (50%) of the Annual Bonus shall be based on the attainment of certain annual performance metrics and the remaining fifty percent (50%) of the Annual Bonus shall be based on continued service and/or other criteria, as determined in the sole discretion of the Governing Body. Without limiting the foregoing, unless otherwise determined by the Governing Body, the right to payment of any Annual Bonus shall be subject to Employee’s continued employment through the end of the fiscal year to which it relates. Payment of the Annual Bonus shall be made at such time as Employer customarily pays annual bonuses to its senior executives but in no event later than March 15th of the year following the year to which such Annual Bonus relates.
Appears in 2 contracts
Samples: Term Employment Agreement (Endeavor Group Holdings, Inc.), Term Employment Agreement (Endeavor Group Holdings, Inc.)
Cash Bonus Compensation. (a) In addition to the Base Salary, Employee shall have the opportunity to earn an annual cash bonus (the “Annual Bonus”) in respect of each calendar year during the Term with a target Annual Bonus of up to one hundred percent (100%) of Employee’s Base Salary (the “Target Bonus”). The amount of the Annual Bonus for each fiscal year shall be determined by EGH’s Board of Directors (the “Board”) or such committee to which the Board has defeased its power and authority under EGH’s certificate of incorporation as in effect from time to time (or any committee or subcommittee thereof to which the Board or such committee to which the Board has defeased its power and authority has delegated the applicable authority (if any such delegation has occurred)) (the Board or such committee, as applicable, the “Governing Body”) in its sole discretion and may exceed the amount of the target Annual Bonus for such fiscal year.
(b) Fifty percent (50%) of the Annual Bonus shall be based on the attainment of certain annual performance metrics and the remaining fifty percent (50%) of the Annual Bonus shall be based on continued service and/or other criteria, as determined in the sole discretion of the Governing Body. Without limiting the foregoing, unless otherwise determined by the Governing Body, the right to payment of any Annual Bonus shall be subject to Employee’s continued employment through the end of the fiscal year to which it relates. Payment of the Annual Bonus shall be made at such time as Employer customarily pays annual bonuses to its senior executives but in no event later than March 15th of the year following the year to which such Annual Bonus relates.
(c) Effective as of the Execution Date, Employee hereby irrevocable releases the Employer Group from any obligations or liability with respect to, and waives any rights to payment or any other benefits in respect of, the Second Supplemental Bonus (as described in Section 3.3 of the Existing Agreement), whether arising pursuant to Section 3.3 or 4.6 of the Existing Agreement or otherwise.
Appears in 2 contracts
Samples: Term Employment Agreement (Endeavor Group Holdings, Inc.), Term Employment Agreement (Endeavor Group Holdings, Inc.)
Cash Bonus Compensation. (a) In addition to the Base Salary, beginning in fiscal year 2021 and thereafter during the Term, Employee shall have the opportunity to earn an annual cash bonus (the “Annual Bonus”) in respect of each calendar such fiscal year during the Term with a target Annual Bonus amount of up to one hundred percent (100%) of Employee’s Base Salary (the target for any applicable fiscal year, the “Target Bonus”” for such fiscal year). The amount of the Annual Bonus for each fiscal year shall be determined by EGH’s Board of Directors (the “Board”) or such committee to which the Board has defeased its power and authority under EGH’s certificate of incorporation as in effect from time to time (or any committee or subcommittee thereof to which the Board or such committee to which the Board has defeased its power and authority has delegated the applicable authority (if any such delegation has occurred)) (the Board or such committee, as applicable, the “Governing Body”) in its sole discretion and may exceed the amount of the target Annual Bonus for such fiscal year based on performance above target performance levels for the applicable year, as determined in the sole discretion of the Governing Body; provided that, in no event may the Annual Bonus for any fiscal year exceed two hundred percent (200%) of Base Salary.
(b) Fifty percent Percent (50%) of the Annual Bonus shall be based on the attainment of certain annual performance metrics and the remaining fifty percent (50%) of the Annual Bonus shall be based on continued service and/or other criteria, as determined in the sole discretion of the Governing Body. Without limiting the foregoing, unless otherwise determined by the Governing Body, the right to payment of any Annual Bonus shall be subject to Employee’s continued employment through the end of the fiscal year to which it relates. Payment of the Annual Bonus shall be made at such time as Employer customarily pays annual bonuses to its senior executives but in no event later than March 15th of the year following the year to which such Annual Bonus relates.
Appears in 2 contracts
Samples: Term Employment Agreement (Endeavor Group Holdings, Inc.), Term Employment Agreement (Endeavor Group Holdings, Inc.)
Cash Bonus Compensation. (a) In addition to the Base Salary, Employee shall have the opportunity to earn an annual cash bonus (the “Annual Bonus”) in respect of each calendar year during the Term with a target Annual Bonus of up to one hundred percent (100%) of Employee’s Base Salary (the “Target Bonus”). The amount of the Annual Bonus for each fiscal year shall be determined by EGH’s Board of Directors (the “Board”) or such committee to which the Board has defeased its power and authority under EGH’s certificate of incorporation as in effect from time to time (or any committee or subcommittee thereof to which the Board or such committee to which the Board has defeased its power and authority has delegated the applicable authority (if any such delegation has occurred)) (the Board or such committee, as applicable, the “Governing Body”) in its sole discretion and may exceed the amount of the target Annual Bonus for such fiscal year.
(b) Fifty percent (50%) of the Annual Bonus shall be based on the attainment of certain annual performance metrics and the remaining fifty percent (50%) of the Annual Bonus shall be based on continued service and/or other criteria, as determined in the sole discretion of the Governing Body. Without limiting the foregoing, unless otherwise determined by the Governing Body, the right to payment of any Annual Bonus shall be subject to Employee’s continued employment through the end of the fiscal year to which it relates. Payment of the Annual Bonus shall be made at such time as Employer customarily pays annual bonuses to its senior executives but in no event later than March 15th of the year following the year to which such Annual Bonus relates. Notwithstanding anything herein to the contrary, Employee’s Annual Bonus for each year ending during the Term shall in no event be an amount less than $750,000 (the “Minimum Annual Bonus”), provided, that, for calendar year 2023, the Minimum Annual Bonus shall be equal to $750,000, multiplied by a fraction, the numerator of which is equal to the number of days Employee was employed by the Company during such year through the expiration of the Term and the denominator of which is 365.
Appears in 2 contracts
Samples: Term Employment Agreement (Endeavor Group Holdings, Inc.), Term Employment Agreement (Endeavor Group Holdings, Inc.)
Cash Bonus Compensation. (a) In addition As an added inducement for the Employee ----------------------- to use his best efforts to enhance the business of the Corporation, the Corporation shall pay to the Base SalaryEmployee, Employee shall have the opportunity to earn as additional compensation hereunder, an annual cash bonus in the following amount and subject to the following terms and conditions:
(the “Annual Bonus”i) for and in respect of each calendar year during the Term with a target Annual Bonus of up to one hundred percent (100%) of Employee’s Base Salary (the “Target Bonus”). The amount of the Annual Bonus for each fiscal year shall be determined by EGH’s Board of Directors (the “Board”) or such committee to which the Board has defeased its power and authority under EGH’s certificate of incorporation as in effect from time to time (or any committee or subcommittee thereof to which the Board or such committee to which the Board has defeased its power and authority has delegated the applicable authority (if any such delegation has occurred)) (the Board or such committee, as applicable, the “Governing Body”) in its sole discretion and may exceed the amount of the target Annual Bonus for such partial fiscal year.
(b) Fifty percent (50%) of the Annual Bonus shall be based on Corporation during the attainment term of certain annual performance metrics and the remaining fifty percent (50%) of the Annual Bonus shall be based on continued service and/or other criteria, as determined in the sole discretion of the Governing Body. Without limiting the foregoing, unless otherwise determined Employee's employment by the Governing BodyCorporation whether or not such employment is under this Agreement or any extension hereof, commencing with the right to payment of any Annual Bonus shall be subject to Employee’s continued employment through the end portion of the fiscal year beginning January 1, 2000, which succeeds the effective date hereof, amounts, payable as provided below, equal to which it relatesup to 100% of the basic compensation ("Annual Bonus") described in subparagraph (a) above. Payment Such bonus shall be payable pro rata to Employee to the extent, and only to the extent, that business plan targets (including by way of example only, such targets as Earnings Before Interest, Taxes, Depreciation and Amortization ("EBITDA"), revenue, and/or target service levels) and individual management performance targets (as both such business plan and individual performance targets have been developed by the Corporation's Chief Executive Officer and Board of Directors in consultation with Employee and issued within forty-five (45) days after the commencement of the relevant fiscal year of the Corporation (or portion thereof) have been exceeded or met by at least 75% of target with respect to the relevant fiscal year (or portion of the relevant fiscal year) of the Corporation and not to exceed 100% of the Annual Bonus Bonus; and
(ii) for any partial fiscal year of the Corporation during which Employee is employed by the Corporation and in respect of which cash bonuses are payable to Employee hereunder, the amount of such bonuses payable to Employee (and calculations of business plan target achievement and individual performance, as the case may require) shall be made at appropriately prorated for such portion of such partial fiscal year as shall fall within the operation of this provision; and
(iii) On the date hereof, Employee shall be paid a bonus for the year ending December 31, 1999 in the amount of one hundred seventy five thousand dollars ($175,000.00). Employee must be employed full-time as Employer customarily pays annual bonuses to its senior executives but in no event later than March 15th on the last day of the year following applicable period for which the year cash bonus is paid to which such Annual Bonus relatesreceive the bonus except as set forth in 3(b)(iii) above.
Appears in 1 contract
Cash Bonus Compensation. (a) In addition to United shall determine, consistent with the Base Salaryterms of any United or Company bonus plans and the past practice for the Business Employees, Employee shall have and in good faith consultation with Parent, the opportunity to earn an amount of annual cash bonus compensation that is due to each Business Employee in respect of 2020 (the “2020 Annual Bonus”), to the extent not already paid, which amounts shall be paid (or declared to be paid) from the Company’s available cash on hand to the Business Employees on the date or dates determined in accordance with such United or Company bonus plans (including the payment timing contemplated by United’s Horizon retention program) and in the ordinary course of business by United; provided, however, that any amounts that remain unpaid as of two (2) business days prior to the Closing Date may be paid prior to the Closing Date. United shall provide notice to Parent prior to the payment of the 2020 Annual Bonuses (other than the portion payable pursuant to United’s Horizon retention program) if such payment occurs before the Closing. Without the prior written consent of Parent (not to be unreasonably withheld), (i) United shall not pay any 2020 Annual Bonus (in combination with any portion of annual cash bonus in respect of 2020 already paid) (collectively, the paid portion together with the unpaid 2020 Annual Bonus is referred to herein on a person by person basis as the “Aggregate 2020 Annual Bonus”) to any individual Business Employee if such 2020 Annual Bonus is in excess of 200% of such Business Employee’s target bonus, (ii) United shall not pay or cause the Company or any Company Subsidiary to pay any 2020 Annual Bonuses if more than half of the Business Employees’ Aggregate 2020 Annual Bonuses are intended to be in excess of 100% of the respective Business Employees’ target bonuses, and (iii) United shall not pay or cause the Company or any Company Subsidiary to pay any Aggregate 2020 Annual Bonus to a Selected Employee that is less than 100% of such Selected Employee’s target bonus. Subject to the immediately preceding clause, effective as of the Closing, Parent and its Affiliates shall assume all liabilities, and United and its Affiliates shall not have any liabilities, in respect of each calendar year during the Term with a target 2020 Annual Bonus of up to one hundred percent (100%) of Employee’s Base Salary (the “Target Bonus”). The amount of the Annual Bonus for each fiscal year shall be determined by EGH’s Board of Directors (the “Board”) or such committee to which the Board has defeased its power and authority under EGH’s certificate of incorporation as in effect from time to time (Bonuses or any committee annual cash bonus compensation that may be earned by, or subcommittee thereof to which the Board or such committee to which the Board has defeased its power and authority has delegated the applicable authority (if any such delegation has occurred)) (the Board or such committee, as applicablepayable to, the “Governing Body”) Continuing Employees in its sole discretion and may exceed the amount respect of the target Annual Bonus for such fiscal year2021.
(b) Fifty percent (50%) of the Annual Bonus shall be based on the attainment of certain annual performance metrics and the remaining fifty percent (50%) of the Annual Bonus shall be based on continued service and/or other criteria, as determined in the sole discretion of the Governing Body. Without limiting the foregoing, unless otherwise determined by the Governing Body, the right to payment of any Annual Bonus shall be subject to Employee’s continued employment through the end of the fiscal year to which it relates. Payment of the Annual Bonus shall be made at such time as Employer customarily pays annual bonuses to its senior executives but in no event later than March 15th of the year following the year to which such Annual Bonus relates.
Appears in 1 contract
Samples: Stock Purchase and Agreement and Plan of Merger (Reinvent Technology Partners Y)