Common use of Lump Sum Cash Payment Clause in Contracts

Lump Sum Cash Payment. On the tenth (10th) business day after the Date of Termination, Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and become payable, to the extent not theretofore paid. (2) A bonus will be paid under the Company’s Annual Incentive Plan or any successor plan (“Annual Plan”) for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, multiplied by (ii) 100% of the Executive’s current year target bonus (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)). (3) [If the Date of Termination occurs before November 19, 2015, an amount equal to one (1) times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an amount equal to two (2) times the sum of [(i) and (ii) as follows]1 : (i) the higher of the Executive’s annual rate of base salary from the Company in effect on the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of (A) the Executive’s current year target bonus under the Annual Plan (with such calculations to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year forecasted bonus under the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then the bonus amount under Section 3(a)(2)(ii) and the bonus amount under Section 3(a)(3)(ii) shall be the Executive’s target bonus under the Annual Plan for the fiscal year immediately preceding that in which the Date of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)).

Appears in 2 contracts

Samples: Executive Severance Agreement (SpartanNash Co), Executive Severance Agreement (SpartanNash Co)

AutoNDA by SimpleDocs

Lump Sum Cash Payment. On the tenth (10th) business day after the Date of Termination, Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and become payable, to the extent not theretofore paid. (2) A bonus will be paid under the Company’s Annual Incentive Plan or any successor plan (“Annual Plan”) for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, multiplied by (ii) 100% of the Executive’s current year target bonus (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)). (3) [If the Date of Termination occurs before November 19, 2015, an amount equal to one (1) times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an An amount equal to two (2) times the sum of [(i) and (ii) as follows]1 : (i) the higher of the Executive’s annual rate of base salary from the Company in effect on the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of (A) the Executive’s current year target bonus under the Annual Plan (with such calculations to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year current-year forecasted bonus under the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then the bonus amount under Section 3(a)(2)(ii) and the bonus amount under Section 3(a)(3)(ii) shall be the Executive’s target bonus under the Annual Plan for the fiscal year immediately preceding that in which the Date of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)).

Appears in 2 contracts

Samples: Executive Severance Agreement (SpartanNash Co), Executive Severance Agreement (Spartan Stores Inc)

Lump Sum Cash Payment. On the tenth (10th) business day after the Date of Termination, Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and become payable, to the extent not theretofore paid. (2) A bonus will be paid under the Company’s Annual Incentive Plan or any successor plan (“Annual Plan”) for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, multiplied by (ii) 100% of the Executive’s current year target bonus (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)). (3) [If the Date of Termination occurs before November 19, 2015, an amount equal to one (1) times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an An amount equal to two (2) times the sum of [(i) and (ii) as follows]1 : (i) the higher of the Executive’s annual rate of base salary from the Company in effect on the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of (A) the Executive’s current year target bonus under the Annual Plan (with such calculations to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year forecasted bonus under the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then the bonus amount under Section 3(a)(2)(ii) and the bonus amount under Section 3(a)(3)(ii) shall be the Executive’s target bonus under the Annual Plan for the fiscal year immediately preceding that in which the Date of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)).

Appears in 2 contracts

Samples: Executive Severance Agreement (SpartanNash Co), Executive Severance Agreement (SpartanNash Co)

Lump Sum Cash Payment. On the tenth Within five (10th5) business day days after the Date of Termination, Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s 's unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and or become payable, to the extent not theretofore paid.; (2) A bonus will be paid under the Company’s 's Annual Incentive Plan or any successor plan ("Annual Plan") for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, multiplied by (ii) 100% of the Executive’s 's current year target bonus (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan))) . (3) [If the Date of Termination occurs before November 19, 2015, an amount equal to one (1) times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an An amount equal to two (2) times the sum of [(i) and (ii) as follows]1 : (i) the higher of the Executive’s 's annual rate of base salary from the Company in effect on the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of the (A) the Executive’s 's current year target bonus under the Annual Plan (with such calculations to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year forecasted bonus under awarded to the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then the bonus amount under Section 3(a)(2)(ii) and the bonus amount under Section 3(a)(3)(ii) shall be the Executive’s target bonus Executive under the Annual Plan for the fiscal year immediately preceding that the Change in which the Date of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan))Control.

Appears in 1 contract

Samples: Executive Severance Agreement (Spartan Stores Inc)

Lump Sum Cash Payment. On the tenth Within five (10th5) business day days after the Date of Termination, Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s 's unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and or become payable, to the extent not theretofore paid.; (2) A bonus will be paid under the Company’s 's Annual Incentive Plan or any successor plan ("Annual Plan") for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, multiplied by (ii) 100% of the Executive’s 's current year target bonus (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan))) . (3) [If A bonus will be paid under the Date of Termination occurs before November 19Long Term Incentive Plan or any successor Plan ("Long Term Plan"), 2015, in an amount equal to one the payment called for under the Long Term Plan (1as in effect on the date of this Agreement) upon termination of Executive's employment without Cause during a year. (4) An amount equal to the number of years remaining in the Termination Period (counting each full or partial month as 1/12th of a year, and rounded to the nearest 1/100th of a year) times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an amount equal to two (2) times the sum of [(i) and (ii) as follows]1 : (i) the higher of the Executive’s 's annual rate of base salary from the Company in effect on the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of the (A) the Executive’s current year target bonus payment to Executive under the Annual Plan (with such calculations Section 3(a)(2) above adjusted to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), an annualized bonus or (B) the current‑year forecasted bonus under awarded to the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then the bonus amount under Section 3(a)(2)(ii) and the bonus amount under Section 3(a)(3)(ii) shall be the Executive’s target bonus Executive under the Annual Plan for the fiscal year immediately preceding that the Change in which the Date of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan))Control.

Appears in 1 contract

Samples: Executive Severance Agreement (Spartan Stores Inc)

Lump Sum Cash Payment. On the tenth Within five (10th5) business day days after the Date of Termination, Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s 's unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and or become payable, to the extent not theretofore paid.; (2) A As payment in lieu of a bonus will to be paid under the Company’s Annual Executive Short-Term Incentive Plan and the Executive Short-Term Individual Bonus Plan (annual bonus plans) or any successor plan (“Annual Plan”) comparable plans for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, year multiplied by (ii) 100% of the Executive’s current greater of either (a) the bonus awarded to Executive under the Executive Short-Term Incentive Plan for the immediately preceding year, or (b) the average bonus paid to Executive over the preceding two-year target bonus (with such calculations to be made as though period under the target level has been achieved for each Performance Goal (as defined in the Annual Executive Short-Term Incentive Plan)).; (3) [If As payment in lieu of bonuses that would have been paid under each Executive Long-Term Incentive (Three Year) Plan ("Three Year Plan") or other comparable plan(s) in which the Executive was eligible to participate on the Date of Termination occurs before November 19Termination, 2015, the Executive shall receive an amount based on the earnings per share goals under each of the Three Year Plans. The earnings per share for each Three Year Plan will be calculated in the following manner: (a) for any year prior to the year of termination, the earnings per share will equal the actual earnings per share attained in that year; (b) for the year of termination, the earnings per share will equal the projected earnings per share based upon the latest internal company projection for such year; (c) for any year subsequent to one the year of termination, the earnings per share will equal the earnings per share required to attain the maximum goal under the Three Year Plan for that year. After attaining the total earnings per share for all three years of each Three Year Plan, the payment made for each Three Year Plan will equal the bonus the Executive would have received under the Three Year Plan using the earnings per share determinations above, multiplied by the number of days the Executive participated in the Three Year Plan prior to the Date of Termination, divided by the total number of days in the Three Year Plan. (14) (II)________ times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an amount equal to two (2) times the sum of [(i) and (ii) as follows]1 following: (ia) the higher of the Executive’s 's highest annual rate of base salary from the Company in effect on during the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of (A) the Executive’s current year target bonus under the Annual Plan (with such calculations 12-month period prior to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year forecasted bonus under the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then plus (b) the bonus greater of the average amount earned by Executive during the previous two (2) years or for the previous year under Section 3(a)(2)(ii) the Executive Short Term Incentive Plan and the Executive Short-Term Individual Bonus Plan (or other annual bonus plans), plus (c) the greater of the average amount under Section 3(a)(3)(iiearned by Executive during the previous two (2) shall be the Executive’s target bonus under the Annual Plan years or for the fiscal previous year immediately preceding that under each of the Executive Long-Term Incentive (Three Year) Plans(or other similar plans), in which Executive participates at the Date of Termination occurs Termination. (with such calculations to be made as though 5) 100% of the target level has been achieved Positive Spread for each Performance Goal (any options held by Executive, whether vested or not vested, which are not incentive stock options as defined in under Section 422 of the Annual Plan))Code payable upon surrender by Executive of such options; and (6) 100% of the Positive Spread for any options held by Executive, whether vested or not vested, which are incentive stock ptions as defined under Section 422 of the Code payable upon surrender by Executive of such options.

Appears in 1 contract

Samples: Executive Severance Agreement (Wolverine World Wide Inc /De/)

Lump Sum Cash Payment. On the tenth Within five (10th5) business day days after the Date of Termination, Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s 's unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and or become payable, to the extent not theretofore paid.; (2) A bonus will be paid under the Company’s 's Annual Incentive Plan or any successor plan ("Annual Plan") for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, multiplied by (ii) 100% of the Executive’s 's current year target bonus (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan))) . (3) [If A bonus will be paid under the Date of Termination occurs before November 19Long Term Incentive Plan or any successor Plan ("Long Term Plan"), 2015, in an amount equal to one the payment called for under the Long Term Plan (1as in effect on the date of this Agreement) upon termination of Executive's employment without Cause during a year. (4) An amount equal to [three (3)] times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an amount equal to two (2) times the sum of [(i) and (ii) as follows]1 : (i) the higher of the Executive’s 's annual rate of base salary from the Company in effect on the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of the (A) the Executive’s 's current year target bonus under the Annual Plan (with such calculations to be made as -9- though the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year forecasted bonus under awarded to the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then the bonus amount under Section 3(a)(2)(ii) and the bonus amount under Section 3(a)(3)(ii) shall be the Executive’s target bonus Executive under the Annual Plan for the fiscal year immediately preceding that the Change in which the Date of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan))Control.

Appears in 1 contract

Samples: Executive Severance Agreement (Spartan Stores Inc)

Lump Sum Cash Payment. On the tenth (10th) business day after the Date of Termination, Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s 's unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and become payable, to the extent not theretofore paid. (2) A bonus will be paid under the Company’s 's Annual Incentive Plan or any successor plan ("Annual Plan") for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, multiplied by (ii) 100% of the Executive’s 's current year target bonus (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)). (3) [If the Date of Termination occurs before November 19, 2015, an amount equal to one (1) times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an An amount equal to two (2) times the sum of [(i) and (ii) as follows]1 : (i) the higher of the Executive’s 's annual rate of base salary from the Company in effect on the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of (A) the Executive’s 's current year target bonus under the Annual Plan (with such calculations to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year current-year forecasted bonus under the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then the bonus amount under Section 3(a)(2)(ii) and the bonus amount under Section 3(a)(3)(ii) shall be the Executive’s target bonus under the Annual Plan for the fiscal year immediately preceding that in which the Date of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)).

Appears in 1 contract

Samples: Executive Severance Agreement (Spartan Stores Inc)

Lump Sum Cash Payment. On the tenth (10th) fifth business day after the Date of TerminationTermination (except as provided in Subsection 4(f) hereof), Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and or become payable, to the extent not theretofore paid.; In addition, if the Executive’s Date of Termination is prior to the date on which the Company will pay an Incentive Bonus under the Annual Bonus Plan for the fiscal year performance period prior to the fiscal year of termination or pay an Incentive Bonus under a Three Year Plan for any completed three year performance period, the Company shall also pay the Executive 100% of his Incentive Bonus for that prior fiscal year performance period as set forth in Section 6.2(a) of the Annual Bonus Plan and 100% of his Incentive Bonus for the completed three year performance period as set forth in Section 6.2(a) of the Three Year Plan, less applicable tax and other withholdings required by law. For purposes of Section 6.2(b) of the Annual Bonus Plan and the Three Year Plan, the Executive shall have retired under Section 6.2(a) of the Annual Bonus Plan and the Three Year Plan; (2) A As payment in lieu of a bonus will to be paid under the Company’s Annual Amended and Restated Executive Short-Term Incentive Plan (Annual Bonus Plan) (an annual bonus plan) or any successor plan (“Annual Plan”) comparable plans for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, year multiplied by (ii) 100% of the Executive’s current greater of either (a) the bonus awarded to Executive under the Executive Short-Term Incentive Plan for the immediately preceding year, or (b) the average bonus paid to Executive over the preceding two-year target bonus (with such calculations to be made as though period under the target level has been achieved for each Performance Goal (as defined in the Annual Executive Short-Term Incentive Plan)).; (3) [If As payment in lieu of bonuses that would have been paid under each Executive Long-Term Incentive Plan (3-Year Bonus Plan) (“Three Year Plan”) or other comparable plan(s) in which the Executive was eligible to participate on the Date of Termination occurs before November 19Termination, 2015, the Executive shall receive an amount based on the goals under each of the Three Year Plans. The earnings per share for each Three Year Plan will be calculated in the following manner: (a) for any year prior to the year of termination, the earnings per share will equal the actual earnings per share attained in that year; (b) for the year of termination, the earnings per share will equal the projected earnings per share based upon the latest internal company projection for such year; (c) for any year subsequent to one the year of termination, the earnings per share will equal the earnings per share required to attain the maximum goal under the Three Year Plan for that year. To the extent that all or a portion of the goals under a Three Year Plan are based on targets other than earnings per share that are determined by reference to discreet annual goals, the manner of calculation shall be consistent with the manner of calculating earnings per share. To the extent that all or a portion of the goals under a Three Year Plan are based on targets other than earnings per share that are not determined by reference to discreet annual goals, the calculation shall be made assuming attainment of the maximum goal under the Three Year Plan for that period with respect to that element of performance. The payment made for each Three Year Plan will equal the bonus the Executive would have received under the Three Year Plan using the determinations above, multiplied by the number of days the Executive participated in the Three Year Plan prior to the Date of Termination, divided by the total number of days in the Three Year Plan. To the extent that all or a portion of any payment for a Three Year Plan is to be paid in stock (1whether restricted or unrestricted shares), the cash payment under this Agreement relating to the stock shall be calculated using the closing price of Wolverine common stock on the New York Stock Exchange (or any successor exchange that is the primary stock exchange for trading of Wolverine common stock) (the “Exchange”) on the date of termination of employment or, if the Exchange is closed that date, the last preceding date on which the Exchange was open for trading and on which shares of Wolverine common stock were traded; (4) two times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an amount equal to two (2) times the sum of [(i) and (ii) as follows]1 following: (ia) the higher of the Executive’s highest annual rate of base salary from the Company in effect on during the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of (A) the Executive’s current year target bonus under the Annual Plan (with such calculations 12-month period prior to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year forecasted bonus under the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then plus (b) the greater of the average amount earned by Executive during the previous two (2) years or for the previous year under the Amended and Restated Executive Short Term Incentive Plan (Annual Bonus Plan) (or other annual bonus amount plans); (5) 100% of the Positive Spread for any options held by Executive, whether vested or not vested, which are not incentive stock options as defined under Section 3(a)(2)(ii422 of the Code, with payment under this subsection conditioned upon surrender by Executive of such options; and (6) and 100% of the bonus amount Positive Spread for any options held by Executive, whether vested or not vested, which are incentive stock options as defined under Section 3(a)(3)(ii) shall be 422 of the Executive’s target bonus Code, with payment under the Annual Plan for the fiscal year immediately preceding that in which the Date this subsection conditioned upon surrender by Executive of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan))options.

Appears in 1 contract

Samples: Executive Severance Agreement (Wolverine World Wide Inc /De/)

Lump Sum Cash Payment. On the tenth Within five (10th5) business day days after the Date of Termination, Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s 's unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and or become payable, to the extent not theretofore paid.; (2) A bonus will be paid under the Company’s 's Annual Incentive Plan or any successor plan ("Annual Plan") for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, multiplied by (ii) 100% of the Executive’s 's current year target bonus (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)). (3) [If the Date of Termination occurs before November 19, 2015, an amount equal to one (1) times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an An amount equal to two (2) times the sum of [(i) and (ii) as follows]1 : (i) the higher of the Executive’s 's annual rate of base salary from the Company in effect on the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of the (A) the Executive’s 's current year target bonus under the Annual Plan (with such calculations to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year forecasted bonus under awarded to the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then the bonus amount under Section 3(a)(2)(ii) and the bonus amount under Section 3(a)(3)(ii) shall be the Executive’s target bonus Executive under the Annual Plan for the fiscal year immediately preceding that the Change in which the Date of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)).Control. -9-

Appears in 1 contract

Samples: Executive Severance Agreement (Spartan Stores Inc)

Lump Sum Cash Payment. On the tenth Within five (10th5) business day days after the Date of Termination, Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s 's unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and or become payable, to the extent not theretofore paid.; (2) A bonus will be paid under the Company’s 's Annual Incentive Plan or any successor plan ("Annual Plan") for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, multiplied by (ii) 100% of the Executive’s 's current year target bonus (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)). (3) [If A bonus will be paid under the Date of Termination occurs before November 19Long Term Incentive Plan or any successor Plan ("Long Term Plan"), 2015, in an amount equal to one the payment called for under the Long Term Plan (1as in effect on the date of this Agreement) upon termination of Executive's employment without Cause during a year. (4) An amount equal to the number of years remaining in the Termination Period (counting each full or partial month as 1/12th of a year, and rounded to the nearest 1/100th of a year) times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an amount equal to two (2) times the sum of [(i) and (ii) as follows]1 : (i) the higher of the Executive’s 's annual rate of base salary from the Company in effect on the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of the (A) the Executive’s current year target bonus payment to Executive under the Annual Plan (with such calculations Section 3(a)(2) above adjusted to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), an annualized bonus or (B) the current‑year forecasted bonus under awarded to the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then the bonus amount under Section 3(a)(2)(ii) and the bonus amount under Section 3(a)(3)(ii) shall be the Executive’s target bonus Executive under the Annual Plan for the fiscal year immediately preceding that the Change in which the Date of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan))Control.

Appears in 1 contract

Samples: Executive Severance Agreement (Spartan Stores Inc)

AutoNDA by SimpleDocs

Lump Sum Cash Payment. On the tenth Within five (10th5) business day days after the Date of Termination, Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s 's unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and or become payable, to the extent not theretofore paid.; (2) A bonus will be paid under the Company’s 's Annual Incentive Plan or any successor plan ("Annual Plan") for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, multiplied by (ii) 100% of the Executive’s 's current year target bonus (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan))) . (3) [If A bonus will be paid under the Date of Termination occurs before November 19Long Term Incentive Plan or any successor Plan ("Long Term Plan"), 2015, in an amount equal to one the payment called for under the Long Term Plan (1as in effect on the date of this Agreement) upon termination of Executive's employment without Cause during a year. (4) An amount equal to ___________________ times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an amount equal to two (2) times the sum of [(i) and (ii) as follows]1 : (i) the higher of the Executive’s 's annual rate of base salary from the Company in effect on the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of the (A) the Executive’s 's current year target bonus under the Annual Plan (with such calculations to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year forecasted bonus under awarded to the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then the bonus amount under Section 3(a)(2)(ii) and the bonus amount under Section 3(a)(3)(ii) shall be the Executive’s target bonus Executive under the Annual Plan for the fiscal year immediately preceding that the Change in which the Date of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)).Control. -9-

Appears in 1 contract

Samples: Executive Severance Agreement (Spartan Stores Inc)

Lump Sum Cash Payment. On the tenth (10th) fifth business day after the Date of TerminationTermination (except as provided in Subsection 4(f) hereof), Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and or become payable, to the extent not theretofore paid.; In addition, if the Executive’s Date of Termination is prior to the date on which the Company will pay an Incentive Bonus under the Annual Bonus Plan for the fiscal year performance period prior to the fiscal year of termination or pay an Incentive Bonus under a Three Year Plan for any completed three year performance period, the Company shall also pay the Executive 100% of his Incentive Bonus for that prior fiscal year performance period as set forth in Section 6.2(a) of the Annual Bonus Plan and 100% of his Incentive Bonus for the completed three year performance period as set forth in Section 6.2(a) of the Three Year Plan, less applicable tax and other withholdings required by law. For purposes of Section 6.2(b) of the Annual Bonus Plan and the Three Year Plan, the Executive shall have retired under Section 6.2(a) of the Annual Bonus Plan and the Three Year Plan; (2) A As payment in lieu of a bonus will to be paid under the Company’s Annual Amended and Restated Executive Short-Term Incentive Plan (Annual Bonus Plan) (an annual bonus plan) or any successor plan (“Annual Plan”) comparable plans for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, year multiplied by (ii) 100% of the Executive’s current greater of either (a) the bonus awarded to Executive under the Executive Short-Term Incentive Plan for the immediately preceding year, or (b) the average bonus paid to Executive over the preceding two-year target bonus (with such calculations to be made as though period under the target level has been achieved for each Performance Goal (as defined in the Annual Executive Short-Term Incentive Plan)).; (3) [If As payment in lieu of bonuses that would have been paid under each Executive Long-Term Incentive Plan (3-Year Bonus Plan) (“Three Year Plan”) or other comparable plan(s) in which the Executive was eligible to participate on the Date of Termination occurs before November 19Termination, 2015, the Executive shall receive an amount based on the goals under each of the Three Year Plans. The earnings per share for each Three Year Plan will be calculated in the following manner: (a) for any year prior to the year of termination, the earnings per share will equal the actual earnings per share attained in that year; (b) for the year of termination, the earnings per share will equal the projected earnings per share based upon the latest internal company projection for such year; (c) for any year subsequent to one the year of termination, the earnings per share will equal the earnings per share required to attain the maximum goal under the Three Year Plan for that year. To the extent that all or a portion of the goals under a Three Year Plan are based on targets other than earnings per share that are determined by reference to discreet annual goals, the manner of calculation shall be consistent with the manner of calculating earnings per share. To the extent that all or a portion of the goals under a Three Year Plan are based on targets other than earnings per share that are not determined by reference to discreet annual goals, the calculation shall be made assuming attainment of the maximum goal under the Three Year Plan for that period with respect to that element of performance. The payment made for each Three Year Plan will equal the bonus the Executive would have received under the Three Year Plan using the determinations above, multiplied by the number of days the Executive participated in the Three Year Plan prior to the Date of Termination, divided by the total number of days in the Three Year Plan. To the extent that all or a portion of any payment for a Three Year Plan is to be paid in stock (1whether restricted or unrestricted shares), the cash payment under this Agreement relating to the stock shall be calculated using the closing price of Wolverine common stock on the New York Stock Exchange (or any successor exchange that is the primary stock exchange for trading of Wolverine common stock) (the “Exchange”) on the date of termination of employment or, if the Exchange is closed that date, the last preceding date on which the Exchange was open for trading and on which shares of Wolverine common stock were traded; (4) times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an amount equal to two (2) times the sum of [(i) and (ii) as follows]1 following: (ia) the higher of the Executive’s highest annual rate of base salary from the Company in effect on during the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of (A) the Executive’s current year target bonus under the Annual Plan (with such calculations 12-month period prior to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year forecasted bonus under the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then plus (b) the greater of the average amount earned by Executive during the previous two (2) years or for the previous year under the Amended and Restated Executive Short Term Incentive Plan (Annual Bonus Plan) (or other annual bonus amount plans); (5) 100% of the Positive Spread for any options held by Executive, whether vested or not vested, which are not incentive stock options as defined under Section 3(a)(2)(ii422 of the Code, with payment under this subsection conditioned upon surrender by Executive of such options; and (6) and 100% of the bonus amount Positive Spread for any options held by Executive, whether vested or not vested, which are incentive stock options as defined under Section 3(a)(3)(ii) shall be 422 of the Executive’s target bonus Code, with payment under the Annual Plan for the fiscal year immediately preceding that in which the Date this subsection conditioned upon surrender by Executive of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan))options.

Appears in 1 contract

Samples: Executive Severance Agreement (Wolverine World Wide Inc /De/)

Lump Sum Cash Payment. On the tenth Within five (10th5) business day days after the Date of Termination, Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s 's unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and or become payable, to the extent not theretofore paid.; (2) A bonus will be paid under the Company’s 's Annual Incentive Plan or any successor plan ("Annual Plan") for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, multiplied by (ii) 100% of the Executive’s 's 8 current year target bonus (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan))) . (3) [If A bonus will be paid under the Date of Termination occurs before November 19Long Term Incentive Plan or any successor Plan ("Long Term Plan"), 2015, in an amount equal to one the payment called for under the Long Term Plan (1as in effect on the date of this Agreement) upon termination of Executive's employment without Cause during a year. (4) An amount equal to three (3) times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an amount equal to two (2) times the sum of [(i) and (ii) as follows]1 : (i) the higher of the Executive’s 's annual rate of base salary from the Company in effect on the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of (A) the Executive’s 's current year target bonus under the Annual Plan (with such calculations to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year forecasted bonus under awarded to the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then the bonus amount under Section 3(a)(2)(ii) and the bonus amount under Section 3(a)(3)(ii) shall be the Executive’s target bonus Executive under the Annual Plan for the fiscal year immediately preceding that the Change in which the Date of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan))Control.

Appears in 1 contract

Samples: Executive Severance Agreement (Spartan Stores Inc)

Lump Sum Cash Payment. On the tenth Within five (10th5) business day days after the Date of Termination, Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s 's unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and or become payable, to the extent not theretofore paid.; (2) A bonus will be paid under the Company’s 's Annual Incentive Plan or any successor plan ("Annual Plan") for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, multiplied by (ii) 100% of the Executive’s 's current year target bonus (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)). (3) [If A bonus will be paid under the Date of Termination occurs before November 19Long Term Incentive Plan or any successor Plan ("Long Term Plan"), 2015, in an amount equal to one the payment called for under the Long Term Plan (1as in effect on the date of this Agreement) upon termination of Executive's employment without Cause during a year. (4) An amount equal to three (3) times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an amount equal to two (2) times the sum of [(i) and (ii) as follows]1 : (i) the higher of the Executive’s 's annual rate of base salary from the Company in effect on the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of the (A) the Executive’s 's current year target bonus under the Annual Plan (with such calculations to be made as though -9- the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year forecasted bonus under awarded to the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then the bonus amount under Section 3(a)(2)(ii) and the bonus amount under Section 3(a)(3)(ii) shall be the Executive’s target bonus Executive under the Annual Plan for the fiscal year immediately preceding that the Change in which the Date of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan))Control.

Appears in 1 contract

Samples: Executive Severance Agreement (Spartan Stores Inc)

Lump Sum Cash Payment. On the tenth (10th) fifth business day after the Date of TerminationTermination (except as provided in Subsection 4(g) hereof), Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s 's unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and or become payable, to the extent not theretofore paid.; 8 In addition, if the Executive's Date of Termination is prior to the date on which the Company will pay an Incentive Bonus under the Annual Bonus Plan for the fiscal year performance period prior to the fiscal year of termination or pay an Incentive Bonus under a Three Year Plan for any completed three year performance period, the Company shall also pay the Executive 100% of his Incentive Bonus for that prior fiscal year performance period as set forth in Section 6.2(a) of the Annual Bonus Plan and 100% of his Incentive Bonus for the completed three year performance period as set forth in Section 6.2(a) of the Three Year Plan, less applicable tax and other withholdings required by law. For purposes of Section 6.2(b) of the Annual Bonus Plan and the Three Year Plan, the Executive shall have retired under Section 6.2(a) of the Annual Bonus Plan and the Three Year Plan; (2) A As payment in lieu of a bonus will to be paid under the Company’s Annual Amended and Restated Executive Short-Term Incentive Plan (Annual Bonus Plan) (an annual bonus plan) or any successor plan (“Annual Plan”) comparable plans for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, year multiplied by (ii) 100% of the Executive’s current greater of either (a) the bonus awarded to Executive under the Executive Short-Term Incentive Plan for the immediately preceding year, or (b) the average bonus paid to Executive over the preceding two-year target bonus (with such calculations to be made as though period under the target level has been achieved for each Performance Goal (as defined in the Annual Executive Short-Term Incentive Plan)).; (3) [If As payment in lieu of bonuses that would have been paid under each Executive Long-Term Incentive Plan (3-Year Bonus Plan) ("Three Year Plan") or other comparable plan(s) in which the Executive was eligible to participate on the Date of Termination occurs before November 19Termination, 2015, the Executive shall receive an amount based on the goals under each of the Three Year Plans. The earnings per share for each Three Year Plan will be calculated in the following manner: (a) for any year prior to the year of termination, the earnings per share will equal the actual earnings per share attained in that year; (b) for the year of termination, the earnings per share will equal the projected earnings per share based upon the latest internal company projection for such year; (c) for any year subsequent to one the year of termination, the earnings per share will equal the earnings per share required to attain the maximum goal under the Three Year Plan for that year. To the extent that all or a portion of the goals under a Three Year Plan are based on targets other than earnings per share that are determined by reference to discreet annual goals, the manner of calculation shall be consistent with the 9 manner of calculating earnings per share. To the extent that all or a portion of the goals under a Three Year Plan are based on targets other than earnings per share that are not determined by reference to discreet annual goals, the calculation shall be made assuming attainment of the maximum goal under the Three Year Plan for that period with respect to that element of performance. The payment made for each Three Year Plan will equal the bonus the Executive would have received under the Three Year Plan using the determinations above, multiplied by the number of days the Executive participated in the Three Year Plan prior to the Date of Termination, divided by the total number of days in the Three Year Plan. To the extent that all or a portion of any payment for a Three Year Plan is to be paid in stock (1whether restricted or unrestricted shares), the cash payment under this Agreement relating to the stock shall be calculated using the closing price of Wolverine common stock on the New York Stock Exchange (or any successor exchange that is the primary stock exchange for trading of Wolverine common stock) (the "Exchange") on the date of termination of employment or, if the Exchange is closed that date, the last preceding date on which the Exchange was open for trading and on which shares of Wolverine common stock were traded; (4) times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an amount equal to two (2) times the sum of [(i) and (ii) as follows]1 following: (ia) the higher of the Executive’s 's highest annual rate of base salary from the Company in effect on during the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of (A) the Executive’s current year target bonus under the Annual Plan (with such calculations 12-month period prior to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year forecasted bonus under the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then plus (b) the greater of the average amount earned by Executive during the previous two (2) years or for the previous year under the Amended and Restated Executive Short Term Incentive Plan (Annual Bonus Plan) (or other annual bonus amount plans); (5) 100% of the Positive Spread for any options held by Executive, whether vested or not vested, which are not incentive stock options as defined under Section 3(a)(2)(ii422 of the Code, with payment under this subsection conditioned upon surrender by Executive of such options; and (6) and 100% of the bonus amount Positive Spread for any options held by Executive, whether vested or not vested, which are incentive stock options as defined under Section 3(a)(3)(ii) shall be 422 of the Executive’s target bonus Code, with payment under the Annual Plan for the fiscal year immediately preceding that in which the Date this subsection conditioned upon surrender by Executive of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan))options.

Appears in 1 contract

Samples: Executive Severance Agreement (Wolverine World Wide Inc /De/)

Lump Sum Cash Payment. On the tenth (10th) business day after the Date of Termination, Executive shall receive a lump sum cash payment in an amount equal to the sum of the following: (1) Executive’s 's unpaid base salary from the Company through the Date of Termination at the rate in effect (without taking into account any reduction of base salary constituting Good Reason), just prior to the time a Notice of Termination is given plus any benefit awards (including both the cash and stock components) and bonus payments which pursuant to the terms of any plans have been earned and become payable, to the extent not theretofore paid. (2) A bonus will be paid under the Company’s 's Annual Incentive Plan or any successor plan ("Annual Plan") for the time Executive was employed by the Company in the fiscal year of termination, in an amount equal to the product of (i) the number of days Executive was employed by the Company prior to the Date of Termination in the year of termination divided by the number of days in the year, multiplied by (ii) 100% of the Executive’s 's current year target bonus -8- (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)). (3) [If the Date of Termination occurs before November 19, 2015, an amount equal to one (1) times the sum of (i) and (ii) as follows, or if the Date of Termination occurs on or after November 19, 2015,]1 an An amount equal to two (2) times the sum of [(i) and (ii) as follows]1 : (i) the higher of the Executive’s 's annual rate of base salary from the Company in effect on the Date of Termination or in effect on the day before the Change in Control; and (ii) the higher of (A) the Executive’s 's current year target bonus under the Annual Plan (with such calculations to be made as though the target level has been achieved for each performance goal (as defined in the Annual Plan)), or (B) the current‑year current-year forecasted bonus under the Annual Plan as of the Date of Termination. 1 This text appears only in Mx. Xxxxxxx’x agreement. (4) If Executive’s target bonus under the Annual Plan for the fiscal year in which the Date of Termination occurs has not been established by the Date of Termination, then the bonus amount under Section 3(a)(2)(ii) and the bonus amount under Section 3(a)(3)(ii) shall be the Executive’s target bonus under the Annual Plan for the fiscal year immediately preceding that in which the Date of Termination occurs (with such calculations to be made as though the target level has been achieved for each Performance Goal (as defined in the Annual Plan)).

Appears in 1 contract

Samples: Executive Severance Agreement (Spartan Stores Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!