Common use of Payment upon Change of Control Clause in Contracts

Payment upon Change of Control. Except as limited by Section 7(l) ------------------------------ below, the Employee shall be entitled to receive a cash payment equal to 2.99 times his or her total compensation for fiscal 1997 (base salary plus any bonus received) on or prior to the closing of a Change of Control (as defined in Section 4(a) below); provided however that such payment shall be reduced as follows if the following circumstances apply: (i) if the payment to the Employee would exceed one percent (1%) of the aggregate value received by the stockholders of the Company in connection with such Change of Control, such payment would be reduced to an amount equal to one percent (1%) of such aggregate value, and (ii) if the aggregate value received by the stockholders of the Company in connection with such Change of Control was equal to or less than $25,000,000, such payment would be reduced to zero.

Payment upon Change of Control. Except as limited by Section ------------------------------ 7(l) ------------------------------ below, the Employee shall be entitled to receive a cash payment equal to 2.99 times his or her total compensation for fiscal 1997 (base salary plus any bonus received) on or prior to the closing of a Change of Control (as defined in Section 4(a) below); provided however that such payment shall be reduced as follows if the following circumstances apply: (i) if the payment to the Employee would exceed five-tenths of one percent (1.5%) of the aggregate value received by the stockholders of the Company in connection with such Change of Control, such payment would be reduced to an amount equal to five-tenths of one percent (1.5%) of such aggregate value, and (ii) if the aggregate value received by the stockholders of the Company in connection with such Change of Control was equal to or less than $25,000,000, such payment would be reduced to zero.

Payment upon Change of Control. Except as limited by Section ------------------------------ 7(l) ------------------------------ below, the Employee shall be entitled to receive a cash payment equal to 2.99 times his or her total compensation for fiscal 1997 (base salary plus any bonus received) on or prior to the closing of a Change of Control (as defined in Section 4(a) below); provided however that such payment shall be reduced as follows if the following circumstances apply: (i) if the payment to the Employee would exceed one percent (1%) of the aggregate value received by the stockholders of the Company in connection with such Change of Control, such payment would be reduced to an amount equal to one percent (1%) of such aggregate value, and (ii) if the aggregate value received by the stockholders of the Company in connection with such Change of Control was equal to or less than $25,000,000, such payment would be reduced to zero.

Payment upon Change of Control. Except as limited by Section 7(l) ------------------------------ below, the Employee shall be entitled to receive a cash payment equal to 2.99 times his or her total compensation for fiscal 1997 (base salary plus any bonus received) on or prior to the closing of a Change of Control (as defined in Section 4(a) below); provided however that such payment shall be reduced as follows if the following circumstances apply: (i) if the payment to the Employee would exceed one percent (11.0%) of the aggregate value received by the stockholders of the Company in connection with such Change of Control, such payment would be reduced to an amount equal to one percent (11.0%) of such aggregate value, and (ii) if the aggregate value received by the stockholders of the Company in connection with such Change of Control was equal to or less than $25,000,000, such payment would be reduced to zero.

Payment upon Change of Control. Except as limited by Section ------------------------------ 7(l) ------------------------------ below, the Employee shall be entitled to receive a cash payment equal to 2.99 times his or her total compensation for fiscal 1997 (base salary plus any bonus received) on or prior to the closing of a Change of Control (as defined in Section 4(a) below); provided however that such payment shall be reduced as follows if the following circumstances apply: (i) if the payment to the Employee would exceed one and one-quarter percent (1-1/4%) of the aggregate value received by the stockholders of the Company in connection with such Change of Control, such payment would be reduced to an amount equal to one and one-quarter percent (1-1/4%) of such aggregate value, and (ii) if the aggregate value received by the stockholders of the Company in connection with such Change of Control was equal to or less than $25,000,000, such payment would be reduced to zero.