Common use of Corporate Bonus Practices Clause in Contracts

Corporate Bonus Practices. (i) The SpinCo Group shall be responsible for determining all bonus awards that would otherwise be payable under the SpinCo Non-Equity Incentive Practices to SpinCo Group Employees or Former SpinCo Group Employees for any performance periods that are open when the Effective Time occurs. The SpinCo Group shall also determine for SpinCo Group Employees or Former SpinCo Group Employees (A) the extent to which established performance criteria (as interpreted by the SpinCo Group, in its sole discretion) have been met, and (B) the payment level for each SpinCo Group Employee or Former SpinCo Group Employee. The SpinCo Group shall assume all Liabilities with respect to any such bonus awards payable to SpinCo Group Employees or Former SpinCo Group Employees for any performance periods that are open when the Effective Time occurs and thereafter, and no member of the Parent Group shall have any obligations with respect thereto. (ii) The Parent Group shall be responsible for determining all bonus awards that would otherwise be payable under the Parent Non-Equity Incentive Practices to Parent Group Employees or Former Parent Group Employees for any performance periods that are open when the Effective Time occurs. The Parent Group shall also determine for Parent Group Employees or Former Parent Group Employees (A) the extent to which established performance criteria (as interpreted by the Parent Group, in its sole discretion) have been met, and (B) the payment level for each Parent Group Employee or Former Parent Group Employee. The Parent Group shall retain (or assume as necessary) all Liabilities with respect to any such bonus awards payable to Parent Group Employees or Former Parent Group Employees for any performance periods that are open when the Effective Time occurs and thereafter, and no member of the SpinCo Group shall have any obligations with respect thereto.

Corporate Bonus Practices. (i) The SpinCo Varex Group shall be responsible for determining all non-equity bonus awards that would otherwise be payable under the SpinCo Non-Equity Incentive Practices to SpinCo Group Employees or Former SpinCo Group Varex Employees for any performance periods that are open when the Effective Time occurs. The SpinCo Varex Group shall also determine for SpinCo Group Employees or Former SpinCo Group Varex Employees (A) the extent to which established performance criteria (as interpreted by the SpinCo Varex Group, in its sole discretion) have been met, and (B) the payment level for each SpinCo Group Employee or Former SpinCo Group Varex Employee. The SpinCo Varex Group shall assume all Liabilities with respect to any such bonus awards payable to SpinCo Group Employees or Former SpinCo Group Varex Employees for any performance periods that are open when the Effective Time occurs and thereafter, and no member of the Parent Group shall have any obligations with respect thereto. (ii) The Parent Group shall be responsible for determining all bonus awards that would otherwise be payable under the Parent Non-Equity Incentive Practices Plans to Parent Group Employees or Former Parent Group Employees for any performance periods that are open when the Effective Time occurs. The Parent Group shall also determine for Parent Group Employees or Former Parent Group Employees (A) the extent to which established performance criteria (as interpreted by the Parent Group, in its sole discretion) have been met, and (B) the payment level for each Parent Group Employee or Former Parent Group Employee. The Parent Group shall retain (or assume as necessary) all Liabilities with respect to any such bonus awards payable to Parent Group Employees or Former Parent Group Employees for any performance periods that are open when the Effective Time occurs and thereafter, and no member of the SpinCo Varex Group shall have any obligations with respect thereto.

Corporate Bonus Practices. (i) The SpinCo Group shall be responsible for determining all bonus awards that would otherwise be payable under the SpinCo Non-Equity Incentive Practices to SpinCo Group Employees or Former SpinCo Group Employees for any performance periods that are open when the Effective Time occurs. The SpinCo Group shall also determine for SpinCo Group Employees or Former SpinCo Group Employees (A) the extent to which established performance criteria (as interpreted by the SpinCo Group, in its sole discretion) have been met, and (B) the payment level for each SpinCo Group Employee or Former SpinCo Group Employee. The SpinCo Group shall retain (or assume as necessary) all Liabilities with respect to any such bonus awards payable to SpinCo Group Employees or Former SpinCo Group Employees for any performance periods that are periods, whether the performance period is complete or remains open when and whether the Effective Time occurs and thereafterbonus amount payable has been determined or is to be determined, and no member of the Parent Group shall have any obligations with respect thereto. (ii) The Parent Group shall be responsible for determining all bonus awards that would otherwise be payable under the Parent Non-Equity Incentive Practices to Parent Group Employees or Former Parent Group Employees for any performance periods that are open when the Effective Time occurs. The Parent Group shall also determine for Parent Group Employees or Former Parent Group Employees (A) the extent to which established performance criteria (as interpreted by the Parent Group, in its sole discretion) have been met, and (B) the payment level for each Parent Group Employee or Former Parent Group Employee. The Parent Group shall retain (or assume as necessary) all Liabilities with respect to any such Liabilities for bonus awards under Parent Non-Equity Incentive Practices that are payable to Parent Group Employees or Former Parent Group Employees for any performance periods that are periods, whether the performance period is complete or remains open when and whether the Effective Time occurs and thereafterbonus amount payable has been determined or is to be determined, and no member of the SpinCo Group shall have any obligations with respect thereto.

Corporate Bonus Practices. (i) The SpinCo Enhabit Group shall be responsible for determining all bonus awards that would otherwise be payable under the SpinCo Enhabit Non-Equity Incentive Practices to SpinCo Enhabit Group Employees or Former SpinCo Enhabit Group Employees for any performance periods that are open when the Effective Time occurs. The SpinCo Enhabit Group shall also determine for SpinCo Enhabit Group Employees or Former SpinCo Enhabit Group Employees (A) the extent to which established performance criteria (as interpreted by the SpinCo Enhabit Group, in its sole discretion) have been met, and (B) the payment level for each SpinCo Enhabit Group Employee or Former SpinCo Enhabit Group Employee. The SpinCo Enhabit Group shall assume all Liabilities with respect to any such bonus awards payable to SpinCo Enhabit Group Employees or Former SpinCo Enhabit Group Employees for any performance periods that are open when the Effective Time occurs and thereafter, and no member of the Parent Encompass Group shall have any obligations with respect thereto. (ii) The Parent Encompass Group shall be responsible for determining all bonus awards that would otherwise be payable under the Parent Encompass Non-Equity Incentive Practices to Parent Encompass Group Employees or Former Parent Encompass Group Employees for any performance periods that are open when the Effective Time occurs. The Parent Encompass Group shall also determine for Parent Encompass Group Employees or Former Parent Encompass Group Employees (A) the extent to which established performance criteria (as interpreted by the Parent Encompass Group, in its sole discretion) have been met, and (B) the payment level for each Parent Encompass Group Employee or Former Parent Encompass Group Employee. The Parent Encompass Group shall retain (or assume as necessary) all Liabilities with respect to any such bonus awards payable to Parent Encompass Group Employees or Former Parent Encompass Group Employees for any performance periods that are open when the Effective Time occurs and thereafter, and no member of the SpinCo Enhabit Group shall have any obligations with respect thereto.