Common use of Health Insurance and Other Benefits Clause in Contracts

Health Insurance and Other Benefits. (1) During the Term of this Agreement and subject to the limitations and affirmative rights set forth in this Section 3(c), Executive and his eligible dependents shall have the right to participate in any life, disability, health, dental, vision and other benefit plans or programs that have been or are hereafter adopted or maintained by the Company (or in which the Company participates) according to the terms of such plan or program with all of the benefits, rights and privileges as are enjoyed by any other senior executive officer of the Company. In addition, Executive shall be covered by any and all policies of directors and officers insurance coverage obtained by the Board from time to time for its senior executive officers, the terms of which shall be established by the Board in its sole discretion. (2) During the Term of this Agreement and subject to the limitations and affirmative rights set forth in this Section 3(c), Executive and his eligible dependents shall have the right to participate in any retirement, pension, or other similar benefit plan or program that has been or is hereafter adopted by the Company (or in which the Company participates) according to the terms of such plan or program with all the benefits, rights and privileges as are enjoyed by any other senior executive officer of the Company. (3) If the participation of Executive under a plan described in subsection (2) above would adversely affect the qualification of a plan intended to be qualified under the Internal Revenue Code of 1986, as amended from time to time (the "Code"), the Company shall have the right to exclude Executive from that plan in return for his participation in (x) a non-qualified deferred compensation plan or (y) an arrangement providing substantially comparable benefits under a plan that is either a qualified or non-qualified plan under the Code at the Company's option. (4) Notwithstanding anything to the contrary contained herein, the Company reserves the right to amend or terminate any plan described in this Section 3(c) for any reason; provided, however, that (i) no such amendment that would reduce the benefits of Executive will be adopted unless it affects other senior executive officers across-the-board, and (ii) if any plan amendment or termination reduces the benefits of Executive, the Company agrees to adopt or maintain one or more replacement plans that will provide Executive with reasonably comparable benefits throughout the Term of this Agreement.

Health Insurance and Other Benefits. (1) During the Term of this Agreement and subject to the limitations and affirmative rights set forth in this Section 3(c3(f), Executive and his eligible dependents shall will have the right to participate in any life, disability, health, dental, vision and other benefit plans or programs that have been or are hereafter adopted or maintained by the Company (or in which the Company participates) according to the terms of such plan or program with all of the benefits, rights and privileges as are enjoyed by any other senior executive officer of the Company. In addition, Executive shall will be covered by any and all policies of directors and officers insurance coverage obtained by the Company or its Board from time to time for its senior executive officers, the terms of which shall will be established by the Board in its sole discretion, and such coverage for Executive will extend for at least twenty-four (24) months beyond the date of his termination of employment with the Company. (2) During the Term of this Agreement and subject to the limitations and affirmative rights set forth in this Section 3(c3(f), Executive and his eligible dependents shall will have the right to participate in any retirement, pension, or other similar benefit plan or program that has been or is hereafter adopted by the Company (or in which the Company participates) according to the terms of such plan or program with all the benefits, rights and privileges as are enjoyed by any other senior executive officer of the Company. (3) If the participation of Executive under a plan described in subsection (2) above would adversely affect the qualification of a plan intended to be qualified under the Internal Revenue Code of 1986, as amended from time to time (the "Code"), the Company shall will have the right to exclude Executive from that plan in return for his participation in (x) a non-qualified deferred compensation plan or (y) an arrangement providing substantially comparable benefits under a plan that is either a qualified or non-qualified plan under the Code at the Company's option. (4) Notwithstanding anything to the contrary contained herein, the Company reserves the right to amend or terminate any plan described in this Section 3(c3(f) for any reason; provided, however, that (i) no such amendment that would reduce the benefits of Executive will be adopted unless it affects other senior executive officers across-the-board, and (ii) if any plan amendment or termination reduces the benefits of Executive, the Company agrees to adopt or maintain one or more replacement plans that will provide Executive with reasonably comparable benefits throughout the Term of this Agreement.

Health Insurance and Other Benefits. (1) During the Term of this Agreement and subject to the limitations and affirmative rights set forth in this Section 3(c), Executive and his eligible dependents shall have the right to participate in any life, disability, health, dental, vision and other benefit plans or programs that have been or are hereafter adopted or maintained by the Company (or in which the Company participates) according to the terms of such plan or program with all of the benefits, rights and privileges as are enjoyed by any other senior executive officer of the CompanyCompany (but in any event not less than what is offered to employees that are not senior executive officers). In addition, Executive shall be covered by any and all policies of directors and officers insurance coverage obtained by the Board from time to time for its senior executive officers, the terms of which shall be established by the Board in its sole discretion. (2) During the Term of this Agreement and subject to the limitations and affirmative rights set forth in this Section 3(c), Executive and his eligible dependents shall have the right to participate in any retirement, pension, or other similar benefit plan or program that has been or is hereafter adopted by the Company (or in which the Company participates) according to the terms of such plan or program with all the benefits, rights and privileges as are enjoyed by any other senior executive officer of the Company. (3) If the participation of Executive under a plan described in subsection (2) above would adversely affect the qualification of a plan intended to be qualified under the Internal Revenue Code of 1986, as amended from time to time (the "Code"), the Company shall have the right to exclude Executive from that plan in return for his participation in (x) a non-qualified deferred compensation plan or (y) an arrangement providing substantially comparable benefits on an after-tax basis under a plan that is either a qualified or non-qualified plan under the Code at the Company's option. (4) Notwithstanding anything to the contrary contained herein, the Company reserves the right to amend or terminate any plan described in this Section 3(c) for any reason; provided, however, that (i) no such amendment that would reduce the benefits of Executive will be adopted unless it affects other senior executive officers across-the-board, and (ii) if any plan amendment or termination reduces the benefits of Executive, the Company agrees to adopt or maintain one or more replacement plans that will provide Executive with reasonably comparable benefits on an after-tax basis throughout the Term of this Agreement.

Health Insurance and Other Benefits. (1) During the Term of this Agreement Pre-Transaction Period and subject to the limitations and affirmative rights set forth in this Section 3(c), Executive and his Executive's eligible dependents shall have the right to participate in the medical and dental benefit plans established by Prime (which may include contributions by Executive) and in any lifeother retirement, disabilitypension, healthinsurance, dental, vision and health or other benefit plans plan or programs program that have has been or are is hereafter adopted or maintained by the Company Prime (or in which the Company Prime participates) ), as such plans and programs may be amended or modified from time to time by Prime, according to the terms of such plan plans or program programs with all of the benefits, rights and privileges as are enjoyed by any other senior similarly situated executive officer officers of the Company. In addition, Executive shall be covered by any and all policies of directors and officers insurance coverage obtained by the Board from time to time for its senior executive officers, the terms of which shall be established by the Board in its sole discretionPrime. (2) During the Term of this Agreement Post-Transaction Period and subject to the limitations and affirmative rights set forth in this Section 3(c), Executive and his Executive's eligible dependents shall have the right to participate in the medical and dental benefit plans established by Employer (which may include contributions by Executive) and in any other retirement, pension, insurance, health or other similar benefit plan or program that has been or is hereafter adopted by the Company Employer (or in which the Company Employer participates) ), as such plans and programs may be amended or modified from time to time by Employer, according to the terms of such plan or program with all the benefits, rights and privileges as are enjoyed by any other senior similarly situated executive officer officers of Employer. The medical, dental, retirement or other benefit plans contemplated by this Section 3(c)(2) shall be no less favorable to Executive than the Companybenefits provided to Executive by Prime immediately prior to the Commencement Date. (3) If the participation of Executive under a plan in any of the plans described in subsection (2this Section 3(c) above would adversely affect the qualification of a plan intended to be qualified under Section 401(a) of the Internal Revenue Code of 1986, as the same may be amended from time to time (the "Code"), Prime or Employer, as the Company case may be, shall have the right to exclude Executive from that plan in return for his Executive's participation in (xA) a non-qualified nonqualified deferred compensation plan or (yB) an arrangement providing substantially comparable benefits under a plan that is either a qualified or non-qualified nonqualified plan under the Code at the Company's optionoption of Prime or Employer, as the case may be. (4) Notwithstanding anything to the contrary contained herein, the Company reserves the right to amend or terminate any plan described in this Section 3(c) for any reason; provided, however, that (i) no such amendment that would reduce the benefits of Executive will be adopted unless it affects other senior executive officers across-the-board, and (ii) if any plan amendment or termination reduces the benefits of Executive, the Company agrees to adopt or maintain one or more replacement plans that will provide Executive with reasonably comparable benefits throughout the Term of this Agreement.