Earn-Out Bonus Sample Clauses

Earn-Out Bonus. For the Term of the Agreement, Executive shall be eligible to participate in annual bonuses (the “Earn-Out Bonus”). The Earn Out Bonus to Executive will be calculated following the close of each calendar fiscal year based on the annual EBITDA of Digital for the immediately preceding calendar fiscal year (determined in accordance with GAAP), and shall be payable for the Term of the Agreement. The Earn-Out Bonus shall equal: (i) 5% of Digital EBITDA up to the first $1,000,000 of EBITDA; (ii) 2.5% of Digital EBITDA greater than $1,000,001 but less than $2,000,000; (iii) 2% of EBITDA greater than $2,000,001 but less than $5,000,000; (iv) 1.5% of Digital EBITDA greater than $5,000,001 and less than $10,000,000; and (v) 1% of Digital EBITDA over $10,000,000. “EBITDA” shall mean the earnings, before interest, taxes depreciation and amortization of Digital. In the event that Digital’s EBTDA is negative for any fiscal quarter or quarters during the Term, any cumulative EBTDA deficit shall be debited against future accrued EBITDA until net positive EBITDA has been reestablished, at which point Earn-Out Bonuses will resume. Earn-Out Bonuses, if due, will be payable no later than ninety (90) days following the close of the preceding calendar fiscal year.
Sample 1Sample 2
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Earn-Out Bonus. On the Earn-Out Payment Date, the Company shall pay, and Parent agrees to cause the Company to pay, to the Bonus Recipients identified on Part 6.14 of the Company Disclosure Schedule an aggregate amount (the "EARN-OUT BONUS") of up to $2,892,651, as follows:
Sample 1
Earn-Out Bonus. Within ninety (90) days from the close of each of -------------- Acquiror's fiscal years ended December 31, 1999, December 31, 2000, December 31, 2001 and December 31, 2002, Acquiror shall make a cash payment to the Shareholders equal to twenty-five percent (25%) of: (i) in the case of the fiscal period from the Closing Date to December 31, 1999 the excess of the Company's pre-tax earnings over the product of (x) $300,000 multiplied by (y) a fraction the numerator of which is the number of calendar days elapsed from (but not including) the Closing Date to (and including) December 31, 1999 and the denominator of which is 365, (ii) in the case of the full year ended December 31, 2000, the excess of the Company's pre-tax earnings for such full year over $315,000, (iii) in the case of the full year ended December 31, 2001, the excess of the Company's pre-tax earnings for such full fiscal year over $330,750, (iv) in the case of the full year ended December 31, 2002, the excess of the Company's pre-tax earnings for such full fiscal year over $347,288, (v) in the case of the full year ended December 31, 2003, the excess of the Company's pre- tax earnings for such full fiscal year over $364,652; and (vi) for the fiscal period from January 1, 2004 through the fifth anniversary of the Closing Date, the excess of the Company's pre-tax earnings over the sum of $382,884.60 annually pro rated for the number of days actually elapsed. Anything in this Section 1.04 to the contrary notwithstanding, no such payments in respect of contingent payments under this Section 1.04 shall accrue for any period subsequent to the termination of the Company's Employment Agreement with Xxxxxxx Xxxxxx.
Sample 1
Earn-Out Bonus. In addition, Executive shall be entitled to earn a bonus ("Earn-Out Payments") in each of the years 1998, 1999, 2000, 2001 and 2002, on the terms and conditions provided herein. Each Earn-Out Payment shall be equal to a percentage (the "Applicable Percentage") of, respectively, (i) the Company's net (after tax) income(1) (herein "Company Income"), and (ii) Saxtxx Xxxorporated's net (after tax) income(2) from Saxtxx Xxxorporated's operations(3) for which the Company is general contractor or project manager (herein "Eligible Saxtxx Income"(4)), in each case with 2 (as determined in accordance with GAAP) 3 (excluding income of the Company) respect to the applicable calendar year (herein a "Reference Period"). The Applicable Percentage with respect to Company Income for each Reference Period shall be as follows: Reference Period: 1998 1999 2000 2001 2002 ----------------- ---- ---- ---- ---- ---- Applicable Percentage: 25% 20% 15% 10% 5% The Applicable Percentage for Eligible Saxtxx Xxxome for each Reference Period shall be as follows: Reference Period: 1998 1999 2000 2001 2002 ----------------- ---- ---- ---- ---- ---- Applicable Percentage: 10% 8% 6% 4% 4% Earn-Out Payments shall be calculated and paid as follows:
Sample 1
Earn-Out Bonus 
Sample 1

Related to Earn-Out Bonus

  • Cash Bonus Executive shall be entitled to a fraction of any Cash Bonus for the fiscal year of the Company within which Executive’s termination of employment occurs which, based upon the criteria established for such Cash Bonus, would have been payable to Executive had he remained employed through the date of payment, the numerator of which is the number of days of such fiscal year prior to his termination of employment and the denominator of which is three hundred and sixty-five (365); and

  • Annual Cash Bonus During the Term, Executive may be eligible to receive an annual cash bonus, on terms and conditions as determined by the Committee in its sole discretion taking into account Company and individual performance objectives.

  • Annual Bonus In addition to Annual Base Salary, Executive shall be awarded, for each fiscal year ending during the Employment Period, an annual bonus (the “Annual Bonus”) in cash at least equal to Executive’s highest annual bonus for the last three full fiscal years prior to the Effective Date (annualized in the event that Executive was not employed by the Company for the whole of such fiscal year). Each such Annual Bonus shall be paid no later than the end of the third month of the fiscal year next following the fiscal year for which the Annual Bonus is awarded, unless Executive shall elect to defer the receipt of such Annual Bonus.

  • Annual Incentive Bonus The Company shall, in addition to Executive’s Base Salary, pay Executive an Annual Incentive Bonus, which shall be payable within 120 days of the end of each fiscal year in accordance with the formula set forth on Exhibit A, attached hereto and made a part hereof.

  • Performance Bonus If Employee's employment is terminated by Employee with cause, or by Bank without cause, Employee shall be paid, in addition to the amounts payable under Sections 3.5 and 3.6 of the Agreement: (i) all non-forfeitable deferred compensation, if any; and (ii) unpaid performance bonus payments, if any, payable under Section 4.2 of the Agreement, which shall be declared earned and payable based upon performance up to, and shall be pro-rated as of, the date of termination. Employee shall not be entitled to such unpaid performance bonus payments if Employee's employment is terminated by Bank with cause, or by Employee without cause.

  • Target Bonus For purposes of this Agreement, “Target Bonus” means the assigned bonus target for the Executive under any short-term incentive plan(s) of the Company, multiplied by his or her base salary, for the relevant fiscal year. If the Executive’s base salary is changed during the relevant fiscal year, the Target Bonus shall be calculated by multiplying the Executive’s assigned bonus target by the highest base salary in effect during that fiscal year.

  • Annual Bonus Compensation In addition to your Salary, during the Employment Term you shall be eligible to earn an annual bonus for each whole or partial calendar year during the Employment Term, determined and payable as follows (the “Bonus”):

  • Cash Incentive Bonus The pro rata share of any Cash Incentive Bonus that would have been paid to the Executive had the Executive not been terminated Without Cause based on the extent to which performance standards are met on the last day of the year in which the Executive is terminated Without Cause.

  • Annual Bonuses For each fiscal year during the term of employment, the Executive shall be eligible to receive a bonus in the amount, if any, as may be determined from time to time by the Board in its discretion.

  • Annual Incentive Payment The Executive shall participate in the Company's Management Incentive Plan (or such alternative, successor, or replacement plan or program in which the Company's principal operating executives, other than the Chief Executive Officer, generally participate) and shall have a targeted incentive thereunder of not less than $240,000 per year; provided, however, that the Executive's actual incentive payment for any year shall be measured by the Company's performance against goals established for that year and that such performance may produce an incentive payment ranging from none to 200% of the targeted amount. The Executive's incentive payment for any year will be appropriately pro-rated to reflect a partial year of employment.

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