Participation in Bonus, Retirement and Employee Benefit Plans. The Employee shall be entitled to participate equitably with other senior executives in any plan of the Company relating to bonuses, stock options, stock purchases, pension, thrift, profit sharing, life insurance, medical coverage, education, or other retirement or employee benefits that the Company has adopted or may adopt for the benefit of its senior executives.
Participation in Bonus, Retirement and Employee Benefit Plans. While employed by the Company during the Term of this Agreement, the Executive shall be entitled to participate with other Executive Officers in any plan of the Company relating to any bonus award program, equity award program, pension, profit sharing, life insurance, disability income insurance, medical coverage, education, automobile allowance or leasing, or other retirement, deferred compensation, or employee benefits that the Company has adopted or may adopt for the benefit of all other Executive Officers, if any, to the extent eligible thereunder by virtue of the Executive’s position, tenure and Annual Salary. The Compensation Committee shall determine the amount, timing, vesting and other requirements of awards, if any, under the Company’s bonus, equity compensation, retirement and other compensation plans.
Participation in Bonus, Retirement and Employee Benefit Plans. While employed by the Company during the Term of this Agreement, the Executive shall be entitled to participate equitably with and upon terms no less favorable than those applicable to other Executive Officers in any plan of the Company relating to pension, profit sharing, life insurance, disability income insurance, education, or other retirement or employee benefits that the Company has adopted or may adopt for the benefit of its Executive Officers, if any, to the extent eligible thereunder by virtue of the Executive’s position, tenure and salary. The Compensation Committee shall determine the amount and timing of awards, if any, under the Company’s bonus plans. Notwithstanding the foregoing, while employed by the Company during the Term of this Agreement, Executive shall be eligible to participate in any bonus program, in accordance with the terms of any such program, established for Executive Officers.
Participation in Bonus, Retirement and Employee Benefit Plans. The Employee shall be entitled to participate equitably with other officers to the extent of her position, tenure and salary in any plan of the Company relating to options, bonuses, stock purchases, pension, thrift, profit sharing, life insurance, disability insurance, medical coverage, education, severance or so called "golden parachute" payments, or other retirement or employee benefits that the Company has adopted or may adopt for the benefit of its officers.
Participation in Bonus, Retirement and Employee Benefit Plans. During the Term of this Agreement, the Executive shall be entitled to participate equitably with and upon terms no less favorable than those applicable to other Executive Officers in any plan of the Company relating to pension, profit sharing, life insurance, disability income insurance, education, or other retirement or employee benefits that the Company has adopted or may adopt for the benefit of its Executive Officers, if any, to the extent eligible thereunder by virtue of the Executive’s position, tenure and salary. During the Term of this Agreement, Executive shall be eligible to participate in any bonus award program, in accordance with the terms of any such program, established for Executive Officers. However, Executive shall not be entitled to participate in or receive any awards under any bonus awards program or employee benefit plans which awards or benefits become due or payable subsequent to the Term of this Agreement. The Compensation Committee shall determine the amount and timing of awards, if any, under the Company’s bonus, retirement, and employee benefit plans.
Participation in Bonus, Retirement and Employee Benefit Plans. 3.1 The Employee shall be entitled to participate equitably with other officers to the extent of his position, tenure and salary in any plan of the Company relating to options, bonuses, stock purchases, pension, thrift, profit sharing, life insurance, disability insurance, medical coverage, education, severance or so called "golden parachute" payments, or other retirement or employee benefits that the Company has adopted or may adopt for the benefit of its officers.
3.2 In addition to the foregoing, the Employee shall receive on the date hereof options under the Company's 1992 Employee Performance Stock Option Plan ("1992 Plan") to purchase 100,000 shares of the Company's Common Stock ("Initial Options") which options shall vest 20% per year on the first anniversary of the date of grant and each anniversary thereafter, provided the Company's earnings performance for the year ended immediately prior to the year in which the vesting date occurs, meets or exceeds the average earnings performance of all full-menu table service restaurants reported in the Wertheim Index or an equivalent index selected by the Board's Compensation Committee ("Performance Standards"). The exercise price shall be equal to $24.12 which is the "Fair Market Value" as defined in the 1992 Plan as of the date of this Agreement.
3.3 For each of next three fiscal years beginning after the end of the 1997 fiscal year, the Employee will be granted on the first business day of each applicable fiscal year a minimum of 15,000 options under the 1992 Plan to purchase the Company's Common Stock subject to a five year vesting schedule and other terms of the 1992 Plan.
3.4 At such time that the Company's stockholders approve an increase in the number of shares available under the 1992 Plan or approve the implementation of a comparable stock option plan for employees, Employee will receive a minimum of an additional 55,000 options to purchase the Company's Common Stock subject to a three year vesting schedule and the other terms of the 1992 Plan, (or other like similar plan that may be approved). In such event that the 1992 Plan or similar plan is not approved by stockholders on or before November 1, 2000, the Company agrees on such date to issue separately to Employee 55,000 options to purchase the Company's Common Stock, subject to a three year vesting schedule with an exercise price equal to the "Fair Market Value" as such term is defined in the 1992 Plan.
3.5 Employee and his dependents shall be ...
Participation in Bonus, Retirement and Employee Benefit Plans. While employed by the Company during the Term of this Agreement, the Executive shall be entitled to participate equitably with other Executive Officers in any plan of the Company relating to pension, profit sharing, life insurance, medical coverage, education, automobile allowance or leasing, or other retirement or employee benefits that the Company has adopted or may adopt for the benefit of its Executive Officers, to the extent eligible thereunder by virtue of the Executive’s position, tenure and salary. The Compensation Committee shall determine the amount and timing of awards, if any, under the Company’s equity compensation and bonus plans. In the event any bonus, retirement or employee benefit provides for receipt of taxable compensation in a year subsequent to the year in which such taxable compensation is no longer subject to a substantial risk of forfeiture, that benefit shall not be provided to the Executive unless that benefit is either exempt from or compliant with Code Section 409A.”
2. Section 9 of the Employment Agreement is amended by adding the following definitions:
Participation in Bonus, Retirement and Employee Benefit Plans. While employed by the Company during the Term of this Agreement, the Executive shall be entitled to participate equitably with other Executive Officers in any plan of the Company relating to pension, profit sharing, life insurance, medical coverage, education, automobile allowance or leasing, or other retirement or employee benefits that the Company has adopted or may adopt for the benefit of its Executive Officers, to the extent eligible thereunder by virtue of the Executive’s position, tenure and salary. The Compensation Committee shall determine the amount and timing of awards, if any, under the Company’s equity compensation and bonus plans.
Participation in Bonus, Retirement and Employee Benefit Plans. 3.1 The Employee shall be entitled to participate equitably with other officers to the extent of her position, tenure and salary in any plan of the Company relating to options, bonuses, stock purchases, pension, thrift, profit sharing, life insurance, disability insurance, medical coverage, education, severance or so called "golden parachute" payments, or other retirement or employee benefits that the Company has adopted or may adopt for the benefit of its officers.
3.2 Employee shall receive on the date hereof options under the Company's 1992 Employee Performance Stock Option Plan ("1992 Plan") to purchase 100,000 shares of the Company's Common Stock ("Initial Options") which options shall vest 20% per year on the first anniversary of the date of grant and each anniversary thereafter, provided the Company's earnings performance for the year ended immediately prior to the year in which the vesting date occurs, meets or exceeds the average earnings performance of all full-menu table service restaurants reported in the Wertheim Index or an equivalent index selected by the Board's Compensation Committee. The exercise price shall be equal to $19.906 which is the "Fair Market Value" as defined in the 1992 Plan as of the date Employee accepted employment with the Company.
3.3 Employee and her dependents shall be entitled to participate in either the Company-paid indemnity/IPO health insurance program through N.L. Care, or the Company-paid HMO health insurance program through Care America. Participation shall be effective 30 days from the date hereof. The Company shall provide COBRA reimbursement to Employee for the 30 days prior to Employee's and his dependent's participation in a Company-paid health insurance program. In addition, Employee shall have the right to participate in any other plan or benefit offered by the Company for similar situated employees.
3.4 The Employee shall be eligible for participation in the Company's Performance Incentive Plan (the "Incentive Plan"). Participation in the Incentive Plan for the 1999 fiscal year shall be prorated to 75% of any award earned.
Participation in Bonus, Retirement and Employee Benefit Plans. (i) While employed by the Company during the Term of this Agreement, the Executive shall be entitled to participate equitably with other Executive Officers in any plan of the Company relating to pension, profit sharing, life insurance, education, or other retirement or employee benefits that the Company has adopted or may adopt for the benefit of its Executive Officers, to the extent eligible thereunder by virtue of the Executive’s position, tenure and salary, including without limitation, The Cheesecake Factory Incorporated Executive Savings Plan and The Cheesecake Factory Incorporated Amended and Restated Annual Performance Incentive
