Common use of Consummation Bonus Clause in Contracts

Consummation Bonus. Not later than 10 days following the Effective Date, the Company shall deposit into an escrow account for the benefit of the Executive shares of common stock of the Company with a value equal to the Base Salary, such value to be determined by reference to the volume-weighted average price of the Company’s common stock on the first five trading days with respect to the common stock on or following the Effective Date. Such shares of common stock shall be (a) registered at the Company’s cost on a Form S-8 under the Securities Act of 1933, as amended, as soon as practicable after the Effective Date and (b) delivered to the Executive on the 9-month anniversary of the Effective Date so long as (x) the Executive is an employee of the Company on such date or (y) the Executive’s employment has been terminated on or after the Effective Date but on or before such date and such termination is a Termination Without Cause or a Constructive Termination Without Cause.

Consummation Bonus. Not later than 10 days following the Effective Date, the Company shall deposit into an escrow account for the benefit of the Executive shares of common stock of the Company with a value equal to the Base Salary, such value to be determined by reference to the volume-weighted average price of the Company’s common stock on the first five trading days with respect to the common stock on or following the Effective Date. Such shares of common stock shall be (a) registered at the Company’s cost on a Form S-8 under the Securities Act of 1933, as amended, as soon as practicable after the Effective Date and (b) delivered to the Executive on the 9-month anniversary of the Effective Date so long as (x) the Executive is an employee of the Company on such date or (y) the Executive’s employment has been terminated on or after the Effective Date but on or before such date and such termination is a Termination Without Cause or a Constructive Termination Without Cause.a