Common use of Pension and Compensation Plans Clause in Contracts

Pension and Compensation Plans. The failure by the Company to continue in effect any pension or compensation plan or agreement in which Xx. Xxxxxx participates or is a party as of the date of the Change in Control or the elimination of Xx. Xxxxxx'x participation therein, (except for across-the-board plan changes or terminations similarly affecting at least ninety-five percent (95%) of the Executive Employees of the Company). For purposes of this Paragraph 1.(n), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments in the nature of bonuses.

Pension and Compensation Plans. The failure by the Company to continue in effect any pension or compensation plan or agreement in which Xx. Xxxxxx Xxxxxxxxx participates or is a party as of the date of the Change in Control or the elimination of Xx. Xxxxxx'x Xxxxxxxxx'x participation therein, (except for across-the-board plan changes or terminations similarly affecting at least ninety-five percent (95%) of the Executive Employees of the Company). For purposes of this Paragraph 1.(n), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments in the nature of bonuses.

Pension and Compensation Plans. The failure by the Company to continue in effect any pension or compensation plan or agreement in which Xx. Xxxxxx Xxxxxxx participates or is a party as of the date of the Change in Control or the elimination of Xx. Xxxxxx'x Xxxxxxx'x participation therein, (except for across-the-board plan changes or terminations similarly affecting at least ninety-five percent (95%) of the Executive Employees of the Company). For purposes of this Paragraph 1.(n), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments in the nature of bonuses.

Pension and Compensation Plans. The failure by the Company to continue in effect any pension or compensation plan or agreement in which Xx. Xxxxxx Mr. Franklin participates or is a party as of the date of the thx xxxx xx xxe Change in Control or the elimination of Xx. Xxxxxx'x Mr. Franklin's participation therein, (except for acrossfox xxxxxx-thexxx-board xoard plan changes or terminations similarly affecting at least ninety-five percent (95%) of the Executive Employees of the Company). ; For purposes of this Paragraph 1.(n), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments in the nature of bonuses.

Pension and Compensation Plans. The failure by the Company to continue in effect any pension or compensation plan or agreement in which Xx. Xxxxxx Xxxxxxxx participates or is a party as of the date of the Change in Control or the elimination of Xx. Xxxxxx'x Xxxxxxxx'x participation therein, (except for across-the-board plan changes or terminations similarly affecting at least ninety-five percent (95%) of the Executive Employees of the Company). ; For purposes of this Paragraph 1.(n), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments in the nature of bonuses.

Pension and Compensation Plans. The failure by the Company to continue in effect any pension or compensation plan or agreement in which Xx. Xxxxxx Mr. Farris participates or is a party as of the date of the xxxx xx xxe Change in Control or the elimination of Xx. Xxxxxx'x Mr. Farris' participation therein, (except for acrossaxxxxx-thexxx-board plan changes or terminations similarly affecting at least ninety-five percent (95%) of the Executive Employees of the Company). ; For purposes of this Paragraph 1.(n), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments in the nature of bonuses.

Pension and Compensation Plans. The failure by the Company to continue in effect any pension or compensation plan or agreement in which Xx. Xxxxxx XxXxxxx participates or is a party as of the date of the Change in Control or the elimination of Xx. Xxxxxx'x XxXxxxx'x participation therein, (except for across-the-board plan changes or terminations similarly affecting at least ninety-five percent (95%) of the Executive Employees of the Company). For purposes of this Paragraph 1.(n), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments in the nature of bonuses.

Pension and Compensation Plans. The failure by the Company to continue in effect any pension or compensation plan or agreement in which Xx. Xxxxxx participates or is a party as of the date of the Change in Control or the elimination of Xx. Xxxxxx'x participation therein, (except for across-the-board plan changes or terminations similarly affecting at least ninety-five percent (95%) of the Executive Employees of the Company). For purposes of this Paragraph 1.(n1.(o), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments in the nature of bonuses.

Pension and Compensation Plans. The failure by -------------------------------- the Company to continue in effect any "pension plan or agreement" or "compensation plan or agreement agreement" in which Xx. Xxxxxx Executive participates or is a party as of the date of the Change in Control or the elimination of Xx. Xxxxxx'x Executive's participation therein, therein (except for across-the-board plan changes or terminations similarly affecting at least ninety-five percent (95%) of the all Executive Employees of the Company). For purposes of this Paragraph 1.(nsubsection (iii), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangementagreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments to employees in the nature of bonuses.;

Pension and Compensation Plans. The failure by the Company to continue in effect any pension or compensation plan or agreement in which Xx. Xxxxxx Xxxxxxxx participates or is a party as of the date of the Change in Control or the elimination of Xx. Xxxxxx'x Xxxxxxxx'x participation therein, (except for across-the-board plan changes or terminations similarly affecting at least ninety-five percent (95%) of the Executive Employees of the Company). For purposes of this Paragraph 1.(n), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments in the nature of bonuses.

Pension and Compensation Plans. The failure by the Company to continue in effect any pension or compensation plan or agreement in which Xx. Xxxxxx Mr. Garrett participates or is a party as of the date of xxx xxxx xx the Change in Control or the elimination of Xx. Xxxxxx'x Mr. Garrett's participation therein, (except for acrossxxx xxxxxx-thexxe-board plan changes or terminations similarly affecting at least ninety-five percent (95%) of the Executive Employees of the Company). For purposes of this Paragraph 1.(n), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments in the nature of bonuses.. (iv)

Pension and Compensation Plans. The failure by the Company to continue in effect any pension or compensation plan or agreement in which Xx. Xxxxxx Xxxxx participates or is a party as of the date of the Change in Control or the elimination of Xx. Xxxxxx'x Xxxxx'x participation therein, (except for across-the-board plan changes or terminations similarly affecting at least ninety-five percent (95%) of the Executive Employees of the Company). For purposes of this Paragraph 1.(n), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments in the nature of bonuses.

Pension and Compensation Plans. The failure by the Employing Company to continue in effect any "pension plan or agreement" or "compensation plan or agreement agreement'' in which Xx. Xxxxxx the Director participates or is a party as of the date of the Change in Control or the elimination of Xx. Xxxxxx'x the Director's participation therein, in any such plan (except for across-the-board plan changes or terminations similarly similarly. affecting at least ninety-five percent (95%) % of the Executive all Employees of the Employing Company). For purposes of this Paragraph 1.(nsubsection (c), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Employing Company which provides for payments upon retirement; and a "compensation plan or arrangementagreement" shall mean any written arrangement executed by an authorized officer of the Employing Company which provides for periodic, non-discretionary non­discretionary compensatory payments to employees in the nature of bonuses.;

Pension and Compensation Plans. The failure by the Company to continue in effect any pension or compensation plan or agreement in which Xx. Xxxxxx Mr. Bowers participates or is a party as of the date of thx xxxx xx the Change in Control or the elimination of Xx. Xxxxxx'x Mr. Bowers' participation therein, (except for acrossxxxxxx-thexxe-board plan changes or terminations similarly affecting at least ninety-five percent (95%) of the Executive Employees of the Company). For purposes of this Paragraph 1.(n), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments in the nature of bonuses.. (iv)

Pension and Compensation Plans. The failure by the Company to continue in effect any pension or compensation plan or agreement in which Xx. Xxxxxx participates Mr. Miller pxxxxxxxxxxx or is a party as of the date of the Change in Control or the elimination of Xx. Xxxxxx'x participation Mr. Miller's xxxxxxxxxxxxn therein, (except for across-the-board plan changes or terminations similarly affecting at least ninety-five percent (95%) of the Executive Employees of the Company). ; For purposes of this Paragraph 1.(n1.(k), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments in the nature of bonuses.

Pension and Compensation Plans. The failure by the Company to continue in effect any pension or compensation plan or agreement in which Xx. Xxxxxx Mr. Garrett participates or is a party as of the date of the xxxx xx xxx Change in Control or the elimination of Xx. Xxxxxx'x Mr. Garrett's participation therein, (except for acrossxxxxxx-thexxx-board xxard plan changes or terminations similarly affecting at least ninety-five percent (95%) of the Executive Employees of the Company). For purposes of this Paragraph 1.(nl.(n), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangement" shall mean any written arrangement executed by an authorized officer of the Company which provides for periodic, non-discretionary compensatory payments in the nature of bonuses.

Pension and Compensation Plans. The failure by the Company -------------------------------- to continue in effect any "pension plan or agreement" or "compensation plan or agreement agreement" in which Xx. Xxxxxx Executive participates or is a party as of the date of the Change in Control or the elimination of Xx. Xxxxxx'x Executive's participation therein, therein (except for across-the-board plan changes or terminations similarly affecting at least ninety-five percent (95%) of the all Executive Employees of the Company). For purposes of this Paragraph 1.(nsubsection (iii), a "pension plan or agreement" shall mean any written arrangement executed by an authorized officer of the Company which provides for payments upon retirement; and a "compensation plan or arrangementagreement" shall mean any written arrangement executed by an 2 authorized officer of the Company which provides for periodic, non-discretionary compensatory payments to employees in the nature of bonuses.;