Compensation and Benefit Programs. During the term of Executive’s employment hereunder, Executive shall be entitled to participate in the following plans as they may exist from time to time during the term hereof, to wit, any and all medical, dental, hospitalization, accidental death and dismemberment, disability, travel and life insurance plans, and any and all other plans as offered by the Company from time to time to its Executives, including savings, pension, profit-sharing, stock options, and deferred compensation plans, subject to the general eligibility and participation provisions set forth in such plans.
Compensation and Benefit Programs. Executive shall be entitled to participate in all employee compensation and benefit plans, programs and practices of CBI or CBI’s parents or affiliates now or hereafter made generally available to CBI’s senior executives, as such programs may be in effect from time to time, including incentive compensation, equity compensation, health, welfare and retirement arrangements.
Compensation and Benefit Programs. I waive coverage and benefits under all Company disability programs, but this Agreement does not affect my eligibility for other Company stock option, bonus, incentive compensation, commission, medical, dental, life insurance, retirement and other compensation or benefit plans of the Company or any affiliate. Whether I sign this Agreement or not, I understand that my rights and continued participation in those plans will be governed by their existing terms. After my Termination Date, the Company shall make monthly premium payments of $2,547.20 to be made on my behalf for continuation of health coverage under the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended (COBRA) through February 28, 2021, totaling $45,849.60. Thereafter, I may be able to purchase continued health plan coverage under the normal COBRA health care continuation rules. I understand and acknowledge that it is my responsibility to enroll in COBRA coverage if I elect to do so, and I shall be responsible for all premium payments. Payments made under this Agreement will not be included in my compensation for purposes of calculating the benefits to which I am entitled under any employee benefit program, notwithstanding anything in it to the contrary.
Compensation and Benefit Programs. It is the intention of the Union and the District that, unless otherwise specified in this Agreement, Bargaining Unit Employees will receive the same compensation and benefits (as specified in this Article XVI) as non- Bargaining Unit Employees who perform comparable work for the District. Bargaining Unit Employees will be required to make the same contributions for such benefits as non-Bargaining Unit Employees who perform comparable work for the District. Prior to effectuating a change in Bargaining Unit Employee's compensation, benefits or the Bargaining Unit Employee's cost of benefits, the District will provide the Union with at least 30 days’ notice of the change and the opportunity to bargain, provided however that if the Union and the District do not reach an alternative agreement by the pre-determined effective date, Bargaining Unit Employee's compensation, benefits and the Bargaining Unit Employee's cost of benefits will be the same as non-Bargaining Unit Employees who perform comparable work unless and until an agreement has been reached.
Compensation and Benefit Programs. Subject to the paragraph immediately following this paragraph, and except as otherwise expressly provided in this Plan, the Plan Funding Agreement, in a prior order of the Bankruptcy Court or to the extent subject to a motion pending before the Bankruptcy Court as of the Effective Date, all employment and severance policies, and all compensation and benefit plans, policies, and programs of the Debtors applicable to their respective employees, retirees and non-employee directors including all savings plans, unfunded retirement plans, healthcare plans, disability plans, severance benefit plans, incentive plans, and life, accidental death and dismemberment insurance plans, and paid time off policies, in each case, as existing on the Petition Date, are treated as executory contracts under the Plan and, on the Effective Date, will be assumed pursuant to the provisions of sections 365 and 1123 of the Bankruptcy Code except for Persons not employees of the Debtors as of the Petition Date. Each of the Debtors may, prior to the Effective Date and subject to the parties’ rights under the RSA and the Plan Funding Agreement, enter into employment agreements with employees that become effective on or prior to the Effective Date and survive consummation of this Plan. Any such agreements (or a summary of the material terms thereof) shall be in form and substance Acceptable to the Plan Investor and be included in the Plan Supplement or otherwise filed with the Bankruptcy Court on or before the date of the Confirmation Hearing. On the Effective Date, the Debtors or the Reorganized Debtors, as applicable, shall pay any amounts outstanding under the Debtors’ key executive incentive program and key employee retention plan authorized to be paid as of that date pursuant to an order of the Bankruptcy Court. For the avoidance of doubt, and notwithstanding anything herein to the contrary, any payments of amounts outstanding under the Debtors’ key executive incentive program and key employee retention plan authorized to be paid as of the Effective Date pursuant to an order of the Bankruptcy Court or otherwise, including, without limitation, any and all amounts that are outstanding or will become outstanding as a result of any “change of control” or similar transaction, shall be paid from Plan Cash.
Compensation and Benefit Programs. Subject to the provisions of the Plan, all Compensation and Benefits Programs shall be treated as Executory Contracts under the Plan and deemed assumed on the Effective Date pursuant to the provisions of sections 365 and 1123 of the Bankruptcy Code, except for:
(a) all employee equity or equity‑based incentive plans, and any provisions set forth in the Compensation and Benefits Programs that provide for rights to acquire Interests in any of the Debtors; and
(b) any Compensation and Benefits Programs that, as of the entry of the Confirmation Order, have been specifically waived by the beneficiaries of any Compensation and Benefits Programs plan or contract. Any assumption of Compensation and Benefits Programs pursuant to the terms herein shall not be deemed to trigger any applicable change of control, immediate vesting, termination, or similar provisions therein. No counterparty shall have rights under a Compensation and Benefits Program assumed pursuant to the Plan other than those applicable immediately prior to such assumption. On the Effective Date, pursuant to the provisions of sections 365 and 1123 of the Bankruptcy Code, the Management Employment Agreements shall be deemed assumed, and the Debtors and the Reorganized Debtors shall not seek to reject the Management Employment Agreements after the Effective Date.
Compensation and Benefit Programs. Subject to the provisions of the Plan, all Compensation and Benefits Programs shall be treated as Executory Contracts under the Plan and deemed assumed on the Effective Date pursuant to the provisions of sections 365 and 1123 of the Bankruptcy Code, except for:
(a) all employee equity or equity‑based incentive plans and any awards or agreements granted thereunder or pursuant thereto, and any provisions set forth in the Compensation and Benefits Programs that provide for rights to acquire Interests in any of the Debtors; and
(b) Compensation and Benefits Programs that, as of the entry of the Confirmation Order, are the subject of a pending motion to reject, or have been specifically waived by the beneficiaries of any employee benefit plan or contract. The assumption of Compensation and Benefits Programs pursuant to the terms herein shall not be deemed to trigger any applicable change of control, vesting, termination, or similar provisions therein, and no counterparty shall have rights under a Compensation and Benefits Program assumed pursuant to the Plan other than those applicable immediately prior to such assumption.
Compensation and Benefit Programs. 27 ARTICLE IX. PROCEDURES FOR RESOLVING DISPUTED, CONTINGENT, AND UNLIQUIDATED CLAIMS AND DISPUTED INTERESTS......................................................27 463
Compensation and Benefit Programs. Except and to the extent previously assumed by an order of the Bankruptcy Court on or before the Confirmation Date, all employee compensation and benefit programs of the Debtors, including programs subject to sections 1114 and 1129(a)(13) of the Bankruptcy Code, entered into before or after the Petition Date and not since terminated, shall be deemed to be, and shall be treated as though they are, executory contracts that are assumed under Section VIII.A of the Plan, except for (i) executory contracts or plans specifically rejected pursuant to the Plan (to the extent such rejection does not violate sections 1114 and 1129(a)(13) of the Bankruptcy Code) and (ii) executory contracts or plans as have previously been rejected, are the subject of a motion to reject, or have been specifically waived by the beneficiaries of any plans or contracts; provided, however, that the Debtors' obligations, if any, to pay all "retiree benefits" as defined in section 1114(a) of the Bankruptcy Code shall continue.
Compensation and Benefit Programs. During the Term, for so long as the Executive is employed with the Company, the Executive shall be treated no less favorably than any other executive officer of the Company (excluding the Chief Executive Officer of the Company) in terms of the Company's incentive compensation, retirement and welfare benefit and perquisite programs; it being specifically understood that (a) the Executive will be eligible to receive short-term and long-term incentive awards for calendar year 2005 on the same basis as other executive officers of the Company (excluding the Chief Executive Officer of the Company) to the extent that short-term or long-term award plans are established and awards are granted thereunder, (b) the Executive's Annual Salary and annual bonus opportunity will not be reduced after the date hereof, (c) the Executive will receive any excise tax gross-up protection for any taxes imposed on the Executive under Section 4999 of the Code with respect to any compensation or benefits received from the Company on the same basis and to the same extent as any other executive officer of the Company, which protection shall be additive to any such protection afforded the Executive under the KERP on the date hereof, and (d) the Executive's annual bonus for 2004 shall be equal to the Full-Year Earned Bonus (as defined in Section 1.5(c) below), which shall be payable in accordance with the terms of the Bonus Plan (as defined in Section 1.5(c) below). For the avoidance of doubt, the Executive's Annual Salary is, as of the date hereof, $310,000 and his target annual bonus opportunity under the Bonus Plan (as defined in Section 1.5(c) below) for 2004 is 100% of his Annual Salary. To the extent any severance, change-in-control or retention benefits (excluding equity-based awards made to the President of the Company's manufacturing segment) provided to any other executive officer of the Company (excluding the Chief Executive Officer of the Company), at any time while the Executive is employed with the Company during the Term, are more favorable than those provided to the Executive as described herein, the Executive shall be provided the more favorable benefit; provided, however, that for the avoidance of doubt, any such more favorable benefits shall be provided to the Executive incrementally to the benefits provided under the KERP (as modified by this Agreement) and otherwise hereunder, and shall not be additive to such benefits already provided.
