Consideration for Non-Compete. In consideration for the agreement set forth in this Section 8, upon termination or as otherwise provided in this Agreement, Employee shall receive:
Consideration for Non-Compete. If Employee retires from the Company on the Planned Expiration Date, Company shall, subject to Section 3.14 below, issue to Employee $0.5 million in RSUs on the Planned Expiration Date, vesting as to 50% one year after the Planned Expiration Date and the remainder two years after the Planned Expiration Date, in consideration of the non-competition provisions set out in Article 6 below. Notwithstanding the foregoing, if the Consulting Agreement is terminated by Employee (as Consultant) under Section 7.2 (b) thereof, or by the Company for any reason other than pursuant to Sections 7.2(a), (c) or (d) thereof, then any period of restriction and other restrictions imposed on all RSUs shall lapse, and all RSUs shall be immediately settled and payable (or the shares issuable thereunder issued).
Consideration for Non-Compete. Paragraph 8(a)(ii) of the Employment Agreement is amended by deleting in its entirety the following text from the final sentence of Paragraph 8(a)(ii): “the cost (as based on the Company’s “incremental cost” of operating the current aircraft primarily utilized by Employee as of January 23, 2007) of which shall not exceed $300,000 annually.”
Consideration for Non-Compete. As separate consideration for Employee's entering into the Exclusivity/Non-Competition provision of Section 6 of this Agreement, Employee shall be paid an amount ("Non-Compete Amount") in each of the three fiscal years commencing on September 1, 1996, equal to 30% of the excess of EBITGW (earnings before interest, taxes and amortization related to the goodwill created through the acquisition by PSI of the stock of BFD) realized in each such fiscal year calculated in accordance with generally accepted accounting principles consistently applied ("GAAP") on a consistent basis throughout the periods involved over the following amounts: FY 1997 $400,000.00 FY 1998 $450,000.00 FY 1999 $500,000.00 The Non-Compete Amount payable in accordance with this Section 4(c) shall only be payable to Employee during the Employee's employment with the Company and shall be payable on a pro rata basis for a partial year of service up to the time that Employee's employment is terminated for any reason whatsoever. The Non-Compete Amount payable in accordance with this Section 4(c) shall be limited to the EBITGW realized by the Company during the periods specified herein in connection with the Business and shall not include the earnings, sales or other results of PSI or any other current or future subsidiary or affiliate of PSI. The maximum aggregate Non-Compete Amount payable under this Section 4(c) shall be $1,000,000.00. The Company shall pay Employee the annual Non-Compete Amount within ninety (90) days of the end of each fiscal year. 51
Consideration for Non-Compete. As additional consideration for the Selling Shareholders agreement not to compete, Aquagenix shall pay an aggregate of Fifty Thousand and No/100 Dollars ($50,000.00) to be divided among the Selling Shareholders on a pro rata basis in proportion to their interest in ADI. 2.
Consideration for Non-Compete
