Common use of Change In Control Completion Bonus Clause in Contracts

Change In Control Completion Bonus. In the event of the closing of any transaction constituting a Change In Control, provided (1) such closing occurs on or before December 31, 2008, and (2) You are employed within sixty (60) days before or on the date of such closing, then the Company shall (i) pay You a lump sum payment equal to Your then current annual Base Salary; (ii) pay You a lump sum payment of One Hundred Fifty Thousand Six Dollars ($150,006.00), and (ii) grant You Forty Three Thousand Five Hundred (43,500) restricted shares of Common Stock subject to the terms and conditions of the Employee Restricted Stock Agreement attached as Exhibit B (sub-sections (i) through (iii) collectively, the “Completion Bonus”). Notwithstanding anything to the contrary set forth in the Incentive Plan or this Agreement, the Completion Bonus, if any, shall fully satisfy the Company’s payment obligations under the Incentive Plan for the calendar year in which the closing occurs. The Company shall pay You the Completion Bonus within thirty (30) days following the closing of the Change In Control; provided, however, the Company’s obligation to provide the Completion Bonus shall be subject to Section 8 below and conditioned upon Your execution and non-revocation of a Release Agreement in a form prepared by the Company, which includes, but is not limited to, Your releasing the Company from any and all liability and claims of any kind.

Change In Control Completion Bonus. In the event of the closing of any transaction constituting a Change In Control, provided (1) such closing occurs on or before December 31, 2008, and (2) You are employed within sixty (60) days before or on the date of such closing, then the Company shall (i) pay You a lump sum payment equal to twenty-five percent (25%) of Your then current annual Base Salary; (ii) pay You a lump sum payment of One Twelve Thousand Five Hundred Dollars and Fifty Thousand Six Dollars Cents ($150,006.0012,500.50), and (ii) grant You Forty Three Twenty Two Thousand Five Hundred (43,50022,000) restricted shares of Common Stock subject to the terms and conditions of the Employee Restricted Stock Agreement attached as Exhibit B (sub-sections (i) through (iii) collectively, the “Completion Bonus”). Notwithstanding anything to the contrary set forth in the Incentive Plan or this Agreement, the Completion Bonus, if any, shall fully satisfy the Company’s payment obligations under the Incentive Plan for the calendar year in which the closing occurs. The Company shall pay You the Completion Bonus within thirty (30) days following the closing of the Change In Control; provided, however, the Company’s obligation to provide the Completion Bonus shall be subject to Section 8 7 below and conditioned upon Your execution and non-revocation of a Release Agreement in a form prepared by the Company, which includes, but is not limited to, Your releasing the Company from any and all liability and claims of any kind.

Change In Control Completion Bonus. In the event of the closing of any transaction constituting a Change In Control, provided (1) such closing occurs on or before December 31, 2008, and (2) You are employed within sixty (60) days before or on the date of such closing, then the Company shall (i) pay You a lump sum payment equal to Your then current annual Base Salary; (ii) pay You a lump sum payment of One Hundred Fifty Thousand Six Dollars ($150,006.00), and (ii) grant You Forty Three Fifty Five Thousand Five Hundred (43,50055,000) restricted shares of Common Stock subject to the terms and conditions of the Employee Restricted Stock Agreement attached as Exhibit B (sub-sections (i) through (iii) collectively, the “Completion Bonus”). Notwithstanding anything to the contrary set forth in the Incentive Plan or this Agreement, the Completion Bonus, if any, shall fully satisfy the Company’s payment obligations under the Incentive Plan for the calendar year in which the closing occurs. The Company shall pay You the Completion Bonus within thirty (30) days following the closing of the Change In Control; provided, however, the Company’s obligation to provide the Completion Bonus shall be subject to Section 8 below and conditioned upon Your execution and non-revocation of a Release Agreement in a form prepared by the Company, which includes, but is not limited to, Your releasing the Company from any and all liability and claims of any kind.

Change In Control Completion Bonus. In the event of the closing of any transaction constituting a Change In Control, provided (1) such closing occurs on or before December 31, 2008, and (2) You are employed within sixty (60) days before or on the date of such closing, then the Company shall (i) pay You a lump sum payment equal to twenty-five percent (25%) of Your then current annual Base Salary; (ii) pay You a lump sum payment of One Eighteen Thousand Seven Hundred Fifty Thousand Six Dollars and Seventy Five Cents ($150,006.0018,750.75), and (ii) grant You Forty Three Seventeen Thousand Five Hundred (43,50017,000) restricted shares of Common Stock subject to the terms and conditions of the Employee Restricted Stock Agreement attached as Exhibit B (sub-sections (i) through (iii) collectively, the “Completion Bonus”). Notwithstanding anything to the contrary set forth in the Incentive Plan or this Agreement, the Completion Bonus, if any, shall fully satisfy the Company’s payment obligations under the Incentive Plan for the calendar year in which the closing occurs. The Company shall pay You the Completion Bonus within thirty (30) days following the closing of the Change In Control; provided, however, the Company’s obligation to provide the Completion Bonus shall be subject to Section 8 below and conditioned upon Your execution and non-revocation of a Release Agreement in a form prepared by the Company, which includes, but is not limited to, Your releasing the Company from any and all liability and claims of any kind.

Change In Control Completion Bonus. In the event of the closing of any transaction constituting a Change In Control, provided (1) such closing occurs on or before December 31, 2008, and (2) You are employed within sixty (60) days before or on the date of such closing, then the Company shall (i) pay You a lump sum payment equal to twenty-five percent (25%) of Your then current annual Base Salary; (ii) pay You a lump sum payment of One Eighteen Thousand Seven Hundred Fifty Thousand Six Dollars and Seventy Five Cents ($150,006.0018,750.75), and (ii) grant You Forty Three Twenty Seven Thousand Five Two Hundred (43,50027,200) restricted shares of Common Stock subject to the terms and conditions of the Employee Restricted Stock Agreement attached as Exhibit B (sub-sections (i) through (iii) collectively, the “Completion Bonus”). Notwithstanding anything to the contrary set forth in the Incentive Plan or this Agreement, the Completion Bonus, if any, shall fully satisfy the Company’s payment obligations under the Incentive Plan for the calendar year in which the closing occurs. The Company shall pay You the Completion Bonus within thirty (30) days following the closing of the Change In Control; provided, however, the Company’s obligation to provide the Completion Bonus shall be subject to Section 8 5 below and conditioned upon Your execution and non-revocation of a Release Agreement in a form prepared by the Company, which includes, but is not limited to, Your releasing the Company from any and all liability and claims of any kind.