Long-Term Performance Bonus. During the Employment Term, the Executive shall be entitled to participate in the LTSIP with such opportunities, if any, as may be determined by the Chief Executive Officer (“LTSIP Target Award Opportunities”).
Long-Term Performance Bonus. During the Employment Term, the Executive shall be entitled to participate in the LTPP with such opportunities, if any, as may be determined by the Chief Executive Officer (“LTPP Target Award Opportunities”).
Long-Term Performance Bonus. During the Employment Term, the Executive shall be entitled to participate in the LTSIP with such opportunities, if any, as may be determined by the Compensation Committee ("LTSIP Target Award Opportunities"); provided, however, that the Executive's initial LTSIP Target Award Opportunity for 2008 will be at a value of $10 million, which shall be granted in the form of equity and/or cash-based awards based on the Company's practices under the LTSIP for its senior executives.
Long-Term Performance Bonus. (i) Subject to the limitations set forth herein, the Company shall pay Executive (A) a one-time bonus amount equal to $1,000,000 in the event that the Real Estate Revenues (as defined below) equal or exceed $130,000,000 in the 2009 fiscal year and Real Estate OIBA (as defined below) in the 2009 fiscal year equals or exceeds $10 million; and (B) an additional one-time bonus amount equal to $1,000,000 in the event that the Real Estate Revenues equal or exceed $130,000,000 in the 2009 fiscal year and Real Estate OIBA in the 2009 fiscal year equals or exceeds $20 million (together, the “LTP Bonuses”); provided that in each case Executive remains employed with the Company through the date of payment of such bonus as described below. In no event will the Company be required to pay the LTP Bonuses unless the Company, acting in its good faith discretion, determines that the XxxxXxxxxx.xxx Businesses are in good condition and that operating decisions made to achieve the Real Estate Revenues and Real Estate OIBA targets set forth in this section (the “LTP Targets”) were accomplished in the ordinary course of business and did not jeopardize the long-term health of the business. “Real Estate Revenues” means the revenues of the XxxxXxxxxx.xxx Businesses as calculated by the Company in accordance with its ordinary business practices. “Real Estate OIBA” means Operating Income Before Amortization (as defined in the Company’s public earnings releases from time to time and as calculated by the Company in accordance with its ordinary business practices) of the XxxxXxxxxx.xxx Businesses. Within 60 days following the end of the 2009 fiscal year, the Company shall prepare and deliver to Executive a statement of Real Estate Revenues and Real Estate OIBA for such year. Executive shall have ten days after delivery of such schedule to review and comment on such schedule, after which the Company shall have ten days to finalize such schedule, which final schedule shall be prepared in the reasonable discretion of the Company acting in good faith. The Company shall pay the amount of the bonus reflected in such schedule within 75 days after the end of the 2009 fiscal year. The Company shall afford the Executive reasonable access to the books and records of the Real Estate Business to the extent that such books and records reasonably relate to the computation of the Real Estate Revenue and Real Estate OIBA for fiscal year 2009; provided, however, that the Executive acknowledges and agree...
Long-Term Performance Bonus. During the Employment Term, the Executive shall be entitled to participate in the LTIP with such opportunities as may be determined (consistent with this Section 4(b)(ii)) by the Compensation Committee (the target opportunities referred to herein as the “LTIP Target Award Opportunities”). The Executive shall be granted, effective as of [MM/DD/201 ] (the “Grant Date”), an initial LTIP Target Award Opportunity with a total aggregate value of $2.5 million on the Grant Date (the “Initial LTIP Target Award”), with 20% of such value granted as a nonqualified stock option award, 30% of such value granted as a time-vesting restricted stock unit award and 50% of such value granted as a performance-vesting restricted stock unit award, pursuant to Evidences of Award in substantially the forms attached hereto as Exhibits A, B and C, respectively. The number of shares of Common Stock subject to each such award shall be determined based on the grant methodologies and practices used for other senior executives 2017. For purposes of clarity, the portion of the Initial LTIP Target Award granted in the form of performance-based restricted stock units shall be subject to the performance periods established by the Compensation Committee for the 2017 LTIP for the Company’s senior executives. The Executive’s LTIP Target Award Opportunity for 2018 and each year thereafter that commences during the Employment Term shall be not less than $5 million (determined based on the Company’s then- current methodologies for valuing awards) as of the Date of Grant. The LTIP Target Award Opportunities shall be granted in the form of equity and/or cash-based awards based on the Company’s practices under the applicable LTIP for its senior executives.
Long-Term Performance Bonus. Executive is eligible to receive a long-term performance bonus based on achievement of performance and/or revenue goals set by the Company’s Board or a committee thereof, covering the three (3) year period beginning on the Company fiscal year of the Effective Date, in an amount up to 300 % of base salary. All payments made pursuant to this Section 6.3 will be made in no event later than the later of (i) the 15th day of the third month following the end of Executive’s taxable year in which the long-term performance bonus is determined or (ii) the 15th day of the third month following the end of the Company’s taxable year in which the long-term performance bonus is determined.
Long-Term Performance Bonus. During the Employment Term, the Executive shall be entitled to participate in the LTSIP with such opportunities, if any, as may be determined by the Compensation Committee (“LTSIP Target Award Opportunities”); provided, however, that the Executive’s LTSIP Award Opportunity for FY 2015 shall be equal to $1,500,000 and granted in the form and under the terms approved for the Company’s other Senior Executives. The Executive’s LTSIP Award Opportunity may be increased (but not decreased, except for across-the-board reductions generally applicable to the Company’s senior executives) from time to time as may be determined by the Compensation Committee.
Long-Term Performance Bonus. Provided the Bank achieves appropriate regulatory ratings for safety and soundness, and based upon the performance of the Bank in relation to targets for pre-tax earnings ("Earnings") and growth in total annual average assets ("Asset Growth") contained in the annual operating budget adopted by the Bank Board, in consultation with the Executive, the Executive shall be entitled to receive a long term performance bonus ("Long Term Performance Bonus"), in the form of stock options for a dollar amount of shares calculated as a percentage of Base Compensation, to be awarded within thirty (30) days after the completion of the year end financial statements as follows, with Earnings and Asset Growth carrying a fifty percent (50%) weight and the payout between .50 and 1.00 being prorated on the basis of the percentage of performance level: payout performance level ------- ------------------ .50 100% .75 110% 1.00 125% or more Such stock options shall constitute incentive stock options defined under Section 422 of the Internal Revenue Code of 1986, as amended (the "Code") and shall be issued under the 1992 Stock Option Plan, as amended as of the issuance date, or any successor stock option plan or plans (the "Plan"), at an exercise price equal to the fair market value of the underlying shares at the issuance date, under terms and conditions substantially in the form of the Stock Option Grant Agreement attached hereto as Exhibit A. For example, assuming that the budget targets for the year in question were $2,000,000 in Earnings and Asset Growth of $20,000,000 and the actual levels were $2,260,000 in Earnings (113%) and $20,400,000 in Asset Grown (102%), Base Compensation for the year in question was $140,000, and the price of the shares of common stock was $12 per share, the Long Term Performance Bonus would be an award of the option to purchase 7875 shares at $12 per share, calculated as follows: Base Target Compensation Weight Payout Bonus ------- ------------- ------ ------ ------ Asset Growth ($140,000) x (.5) x (.55) = $38,550 Earnings ($140,000) x (.5) x (.80) = $56,000 ------- Total $94,500 Total = $94,500 + $12 per share = 7875 option shares."
3. Except as set forth herein, all terms and conditions of the Agreement shall remain in full force and effect.
Long-Term Performance Bonus. At the termination of the Period of Employment, unless Executive’s employment shall have been terminated for Cause (as defined in Section 5(d) hereof), in addition to any other compensation or benefit payable or due hereunder, Executive shall be entitled to a cash payment calculated as follows:
(i) for each calendar year commencing with 2001, calculate the factor, if any, by which each of the following measures exceeded such measure for calendar year 2000 (referred to herein as the “Base Year”):
(A) EBITDA ($32.1 million for the Base Year);
(B) Earnings per share ($0.59 for the Base Year);
(C) Stock Price (calculated by taking the average of the last trade price for the last day of each calendar quarter as reported on the Nasdaq Stock Market) ($5.24 for the Base Year”); and
(D) Gross revenue ($170.6 million for the Base Year).
(ii) Calculate the average of all such factors by adding them and dividing the sum by the total number of factors (20 factors assuming the Agreement is not terminated early) to determine the “Factor Average”.
(iii) Add 1.0 to the Factor Average for each of the following to determine the “Adjusted Factor Average”:
(A) Acquisition of a racetrack in a state bordering any state in which the Company currently operates a gaming enterprise;
(B) Acquisition of a gaming venue; provided, however, that such gaming venue generates positive EBITDA in the first full year of operations; and
(C) The passage of a law or regulation as to which the Executive has devoted substantial effort that, in the judgment of the compensation committee, substantially improves the gaming product at a Company owned facility.
(iv) Multiply the Adjusted Factor Average by the Executive’s base pay for the final calendar year of the Period of Employment. The Long-Term Performance Bonus determined pursuant to this Section 4(c)(i)-(iv) shall be payable to Executive within ten (10) days after the conclusion of the Company’s audit for the last calendar year of the Period of Employment; provided, however, that the Company may withhold from such payment an amount sufficient to satisfy any promissory notes then outstanding made by the Executive in favor of the Company. Further, the Long-Term Performance Bonus shall be capped at $9 million.
Long-Term Performance Bonus. Employee shall also be eligible for bonuses (the “Long-Term Performance Bonuses,” and together with any Adjusted EBITDA Performance Bonuses, Performance Bonuses and Discretionary Bonuses, the “Bonuses,” and with respect to any calendar year, a “Bonus”) of Five Million Dollars ($5,000,000) if the average of the closing sales prices of shares of Xxxxxxxx’x Class A common stock on the Nasdaq Stock Market (or the national stock exchange on which the shares are then listed) over a twenty-two (22) trading day period exceeds (i) $33 per share, (ii) $40 per share, and (iii) every $5 per share interval thereafter, in each case adjusted for the impact of any cash dividends on Xxxxxxxx’x common stock as well as any stock splits, reverse stock splits, spin-offs, stock dividends, recapitalizations and the like occurring after the Effective Date, with the value of the adjustment reasonably determined by the Comp Committee. For the avoidance of doubt, the Employee shall be entitled to a Long-Term Performance Bonus for achieving each stock price threshold only once. Thus, if the Employee earns a Long-Term Performance Bonus under clause (i) and, subsequent to such time, the average of the closing sales prices of shares of Xxxxxxxx’x Class A common stock on the Nasdaq Stock Market (or the national stock exchange on which the shares are then listed) over a twenty-two (22) trading day period falls below $33 per share, the Employee shall not be entitled to another Long-Term Performance Bonus when the average of the closing sales prices of shares of Xxxxxxxx’x Class A common stock on the Nasdaq Stock Market (or the national stock exchange on which the shares are then listed) over a twenty-two (22) trading day period again exceeds $33 per share. However, the Employee will be entitled to another Long-Term Performance Bonus when the average of the closing sales prices of shares of Xxxxxxxx’x Class A common stock on the Nasdaq Stock Market (or the national stock exchange on which the shares are then listed) over a twenty-two (22) trading day period exceeds $40 per share. If Sinclair [or a material spun off subsidiary of Sinclair] is no longer listed on a national stock exchange, the Comp Committee and the Employee shall negotiate in good faith an adjustment to the share price calculation (including the look-forward or look-back period to value such adjustment) or to replace the Long-Term Performance Bonus opportunity with another bonus opportunity. Subject to a reasonable amount of...