Common use of Post-Employment Period Payments Clause in Contracts

Post-Employment Period Payments. (a) At the Date of Termination, regardless of the reason for termination of employment, Executive will be entitled to (i) any Base Salary that has accrued but is unpaid, (ii) any Annual Bonus that has been earned for the calendar year preceding the calendar year in which termination occurs but is unpaid, (iii) a pro-rata portion of Executive’s Annual Bonus for the calendar year in which the termination occurs based on actual results for such year (determined by multiplying the amount of such Annual Bonus which would be due for the full calendar year by a fraction, the numerator of which is the number of days during the calendar year of termination that Executive is employed by the Company and the denominator of which is 365), payable at the same time Annual Bonuses for such year are paid to other senior executives of the Company, (iv) any reimbursable expenses that have been incurred but are unpaid, (v) pay for any vacation days that have accrued under the Company’s vacation policy but are unused, as of the end of the Employment Period, and (vi) any plan benefits that by their terms extend beyond termination of Executive’s employment (but only to the extent provided in any such benefit plan in which Executive has participated as a Company employee and excluding, except as hereinafter provided in Section 6, any Company severance pay program or policy). Except as specifically described in this Section 6(a) and in the succeeding subparagraphs of this Section 6 (under the circumstances described in those succeeding subparagraphs), from and after the Date of Termination, Executive shall cease to have any rights to salary, bonus, expense reimbursements or other benefits from the Company. The Company will pay (directly or through a subsidiary or other Affiliate) the amounts set forth in subclauses (i) through (v) above to Executive in a lump sum as soon as administratively practicable after Executive’s Date of Termination but no later than is required by applicable law; provided, however, that if payment of any such amount at such time would result in a prohibited acceleration under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), then such amount shall be paid at the time the amount would have been paid under the applicable plan, policy, program or arrangement relating to such amount absent such prohibited acceleration.

Post-Employment Period Payments. (a) At Except as otherwise provided in 6(c) below, at the Date of Termination, regardless of the reason for termination of employment, Executive will be entitled to (i) any Base Salary that has accrued but is unpaid, (ii) any Annual Bonus annual bonus that has been earned for the calendar fiscal year preceding prior to the calendar year in which termination occurs the Date of Termination occurs, but is unpaid, (iii) a pro-rata portion of Executive’s Annual Bonus for the calendar year in which the termination occurs based on actual results for such year (determined by multiplying the amount of such Annual Bonus which would be due for the full calendar year by a fraction, the numerator of which is the number of days during the calendar year of termination that Executive is employed by the Company and the denominator of which is 365), payable at the same time Annual Bonuses for such year are paid to other senior executives of the Company, (iv) any reimbursable expenses that have been incurred but are unpaid, (v) pay for and any unexpired vacation days that have accrued under the Company’s vacation policy but are unused, as of the end of the Employment Period, and which amount shall be paid in a lump sum in cash within 30 days of the Date of Termination in accordance with the Reimbursement Rules, where applicable, (viii) any plan benefits that by their terms extend beyond termination of Executive’s employment (but only to the extent provided in any such benefit plan in which Executive has participated as a Company employee and excluding, except as hereinafter provided in Section 6, any Company severance pay program or policy) and (iii) any benefits to which Executive is entitled in accordance with Part 6 of Subtitle B of Title I of the Employee Retirement Income Security Act of 1974, as amended (“COBRA”). Except as specifically described in this Section subsection 6(a) and in the succeeding subparagraphs subsections of this Section 6 (under the circumstances described in those succeeding subparagraphssubsections), from and after the Date of Termination, Termination Executive shall cease to have any rights to salary, bonus, expense reimbursements or other benefits from the Company. The Company will pay (directly , BHI or through a subsidiary any of their subsidiaries or other Affiliate) the amounts set forth in subclauses (i) through (v) above to Executive in a lump sum as soon as administratively practicable after Executive’s Date of Termination but no later than is required by applicable law; provided, however, that if payment of any such amount at such time would result in a prohibited acceleration under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), then such amount shall be paid at the time the amount would have been paid under the applicable plan, policy, program or arrangement relating to such amount absent such prohibited accelerationaffiliates.

Post-Employment Period Payments. (a) At Except as otherwise provided in 6(c) below, at the Date of Termination, regardless of the reason for termination of employment, Executive will be entitled to (i) any Base Salary that has accrued but is unpaid, (ii) any Annual Bonus annual bonus that has been earned for the calendar fiscal year preceding prior to the calendar year in which termination occurs the Date of Termination occurs, but is unpaid, (iii) a pro-rata portion of Executive’s Annual Bonus for the calendar year in which the termination occurs based on actual results for such year (determined by multiplying the amount of such Annual Bonus which would be due for the full calendar year by a fraction, the numerator of which is the number of days during the calendar year of termination that Executive is employed by the Company and the denominator of which is 365), payable at the same time Annual Bonuses for such year are paid to other senior executives of the Company, (iv) any reimbursable expenses that have been incurred but are unpaid, (v) pay for and any unexpired vacation days that have accrued under the Company’s vacation policy but are unused, as of the end of the Employment Period, and which amount shall be paid in a lump sum in cash within 30 days of the Date of Termination, in accordance with the Reimbursement Rules, where applicable, (viii) any plan benefits that by their terms extend beyond termination of Executive’s employment (but only to the extent provided in any such benefit plan in which Executive has participated as a Company employee and excluding, except as hereinafter provided in Section 6, any Company severance pay program or policy) and (iii) any benefits to which Executive is entitled in accordance with Part 6 of Subtitle B of Title I of the Employee Retirement Income Security Act of 1974, as amended (“COBRA”). Except as specifically described in this Section subsection 6(a) and in the succeeding subparagraphs subsections of this Section 6 (under the circumstances described in those succeeding subparagraphssubsections), from and after the Date of Termination, Termination Executive shall cease to have any rights to salary, bonus, expense reimbursements or other benefits from the Company. The Company will pay (directly , BHI or through a subsidiary any of their subsidiaries or other Affiliate) the amounts set forth in subclauses (i) through (v) above to Executive in a lump sum as soon as administratively practicable after Executive’s Date of Termination but no later than is required by applicable law; provided, however, that if payment of any such amount at such time would result in a prohibited acceleration under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), then such amount shall be paid at the time the amount would have been paid under the applicable plan, policy, program or arrangement relating to such amount absent such prohibited accelerationaffiliates.

Post-Employment Period Payments. (a) At the Date of Termination, regardless of the reason for termination of employment, Executive will be entitled to (i) any Base Salary that has accrued but is unpaid, (ii) any Annual Bonus annual bonus that has been earned for the calendar fiscal year preceding prior to the calendar year in which termination occurs the Date of Termination occurs, but is unpaid, (iii) a pro-rata portion of Executive’s Annual Bonus for the calendar year in which the termination occurs based on actual results for such year (determined by multiplying the amount of such Annual Bonus which would be due for the full calendar year by a fraction, the numerator of which is the number of days during the calendar year of termination that Executive is employed by the Company and the denominator of which is 365), payable at the same time Annual Bonuses for such year are paid to other senior executives of the Company, (iv) any reimbursable expenses that have been incurred but are unpaid, (v) pay for and any unexpired vacation days that have accrued under the Company’s vacation policy but are unused, as of the end of the Employment Period, and which amount shall be paid in a lump sum in cash within 30 days of the Date of Termination, (viii) any plan benefits that by their terms extend beyond termination of Executive’s employment (but only to the extent provided in any such benefit plan in which Executive has participated as a Company employee and excluding, except as hereinafter provided in Section paragraph 6, any Company severance pay program or policy) and (iii) any benefits to which Executive is entitled in accordance with Part 6 of Subtitle B of Title I of the Employee Retirement Income Security Act of 1974, as amended (“COBRA”). Except as specifically described in this Section subparagraph 6(a) and in the succeeding subparagraphs of this Section paragraph 6 (under the circumstances described in those succeeding subparagraphs), from and after the Date of Termination, Termination Executive shall cease to have any rights to salary, bonus, expense reimbursements or other benefits from the Company. The Company will pay (directly , BHI or through a subsidiary any of their subsidiaries or other Affiliate) the amounts set forth in subclauses (i) through (v) above to Executive in a lump sum as soon as administratively practicable after Executive’s Date of Termination but no later than is required by applicable law; provided, however, that if payment of any such amount at such time would result in a prohibited acceleration under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), then such amount shall be paid at the time the amount would have been paid under the applicable plan, policy, program or arrangement relating to such amount absent such prohibited accelerationaffiliates.

Post-Employment Period Payments. (a) At the Date of Termination, regardless of the reason for termination of employment, Executive will be entitled to (i) any Base Salary that has accrued but is unpaid, (ii) any Annual Bonus annual bonus that has been earned for the calendar fiscal year preceding prior to the calendar year in which termination occurs the Date of Termination occurs, but is unpaid, (iii) a pro-rata portion of Executive’s Annual Bonus for the calendar year in which the termination occurs based on actual results for such year (determined by multiplying the amount of such Annual Bonus which would be due for the full calendar year by a fraction, the numerator of which is the number of days during the calendar year of termination that Executive is employed by the Company and the denominator of which is 365), payable at the same time Annual Bonuses for such year are paid to other senior executives of the Company, (iv) any reimbursable expenses that have been incurred but are unpaid, (v) pay for and any unexpired vacation days that have accrued under the Company’s vacation policy but are unused, as of the end of the Employment Period, and which amount shall be paid in a lump sum in cash within 30 days of the Date of Termination in accordance with the Reimbursement Rules, where applicable, (viii) any plan benefits that by their terms extend beyond termination of Executive’s employment (but only to the extent provided in any such benefit plan in which Executive has participated as a Company employee and excluding, except as hereinafter provided in Section 6, any Company severance pay program or policy) and (iii) any benefits to which Executive is entitled in accordance with Part 6 of Subtitle B of Title I of the Employee Retirement Income Security Act of 1974, as amended (“COBRA”). Except as specifically described in this Section subsection 6(a) and in the succeeding subparagraphs subsections of this Section 6 (under the circumstances described in those succeeding subparagraphssubsections), from and after the Date of Termination, Termination Executive shall cease to have any rights to salary, bonus, expense reimbursements or other benefits from the Company. The Company will pay (directly , BHI or through a subsidiary any of their subsidiaries or other Affiliate) the amounts set forth in subclauses (i) through (v) above to Executive in a lump sum as soon as administratively practicable after Executive’s Date of Termination but no later than is required by applicable law; provided, however, that if payment of any such amount at such time would result in a prohibited acceleration under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), then such amount shall be paid at the time the amount would have been paid under the applicable plan, policy, program or arrangement relating to such amount absent such prohibited accelerationaffiliates.

Post-Employment Period Payments. (a) At the Date of Termination, regardless of the reason for termination of employment, Executive will be entitled to (i) any Base Salary that has accrued but is unpaid, (ii) any Annual Bonus that has been earned for the calendar year preceding the calendar year in which termination occurs but is unpaid, (iii) a pro-rata portion of Executive’s 's Annual Bonus for the calendar year in which the termination occurs based on actual results for such year (determined by multiplying the amount of such Annual Bonus which would be due for the full calendar year by a fraction, the numerator of which is the number of days during the calendar year of termination that Executive is employed by the Company and the denominator of which is 365), payable at the same time Annual Bonuses for such year are paid to other senior executives of the Company, (iv) any reimbursable expenses that have been incurred but are unpaid, (v) pay for any vacation days that have accrued under the Company’s 's vacation policy but are unused, as of the end of the Employment Period, and (vi) any plan benefits that by their terms extend beyond termination of Executive’s 's employment (but only to the extent provided in any such benefit plan in which Executive has participated as a Company employee and excluding, except as hereinafter provided in Section 6, any Company severance pay program or policy). Except as specifically described in this Section 6(a) and in the succeeding subparagraphs of this Section 6 (under the circumstances described in those succeeding subparagraphs), from and after the Date of Termination, Executive shall cease to have any rights to salary, bonus, expense reimbursements or other benefits from the Company. The Company will pay (directly or through a subsidiary or other Affiliatesubsidiary) the amounts set forth in subclauses (i) through (v) above to Executive in a lump sum as soon as administratively practicable after Executive’s 's Date of Termination but no later than is required by applicable law; provided, however, that if payment of any such amount at such time would result in a prohibited acceleration under Section 409A of the Internal Revenue Code of 1986, as amended (the “"Code”"), then such amount shall be paid at the time the amount would have been paid under the applicable plan, policy, program or arrangement relating to such amount absent such prohibited acceleration.

Post-Employment Period Payments. (a) At Except as otherwise provided in Section 6(c) below, at the Date of Termination, regardless of the reason for termination of employment, Executive will be entitled to to: (i) any Base Salary that has accrued but is unpaid, (ii) any Annual Bonus that has been earned for the calendar year preceding the calendar year in which termination occurs but is unpaid, (iii) a pro-rata portion of Executive’s Annual Bonus for the calendar year in which the termination occurs based on actual results for such year (determined by multiplying the amount of such Annual Bonus which would be due for the full calendar year by a fraction, the numerator of which is the number of days during the calendar year of termination that Executive is employed by the Company and the denominator of which is 365), payable at the same time Annual Bonuses for such year are paid to other senior executives of the Company, (iv) any properly reimbursable expenses that have been incurred but are unpaid, (v) pay for and any unexpired vacation days that have accrued under the Company’s 's vacation policy but are unused, as of the end of the Employment Period, and which amount shall be paid in a lump sum in cash within thirty (vi30) calendar days of the Date of Termination, in accordance with the Reimbursement Rules, where applicable, (ii) any plan benefits accrued before the termination plus the coverage described in Section 4(g)(ii) plus any benefits that by their terms extend beyond termination of Executive’s 's employment (but only to the extent provided in any such benefit plan in which Executive has participated as a Company employee and excluding, except as hereinafter provided in Section 6, any Company severance pay program or policy), and (iii) any benefits to which Executive is entitled in accordance with Part 6 of Subtitle B of Title I of the Employee Retirement Income Security Act of 1974, as amended ("COBRA"). Except as specifically described in this Section 6(a) and in the succeeding subparagraphs subsections of this Section 6 (under the circumstances described in those succeeding subparagraphssubsections), from and after the Date of Termination, . Executive shall cease to have any rights to salary, bonus, expense reimbursements or other benefits from the Company, BHI or any of their subsidiaries or affiliates. The (b) If Executive's employment terminates on account of Executive's death, Disability, Voluntary Termination, or Termination for Cause in accordance with Section 5(a), the Company will pay (directly or through a subsidiary or other Affiliate) the amounts set forth in subclauses (i) through (v) above provide no further benefit and make no further payments to Executive except as contemplated in a lump sum as soon as administratively practicable after Executive’s Date of Termination but no later than is required by applicable law; provided, however, that if payment of any such amount at such time would result in a prohibited acceleration under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”6(a), then such amount shall be paid at the time the amount would have been paid under the applicable plan, policy, program or arrangement relating to such amount absent such prohibited acceleration.

Post-Employment Period Payments. (a) At Except as otherwise provided in Section 6(c) below, at the Date of Termination, regardless of the reason for termination of employment, Executive will be entitled to to: (i) any Base Salary that has accrued but is unpaidunpaid as of the end of the Employment Period, which shall be paid at the time specified in Section 4(a) above; (ii) any Annual Bonus that has been earned for the calendar year preceding the calendar year in which termination occurs but is unpaid, (iii) a pro-rata portion of Executive’s Annual Bonus for the calendar year in which the termination occurs based on actual results for such year (determined by multiplying the amount of such Annual Bonus which would be due for the full calendar year by a fraction, the numerator of which is the number of days during the calendar year of termination that Executive is employed by the Company and the denominator of which is 365), payable at the same time Annual Bonuses for such year are paid to other senior executives of the Company, (iv) any properly reimbursable expenses that have been incurred but are unpaid, (v) pay for and any unexpired vacation days that have accrued under the Company’s vacation policy but are unused, as of the end of the Employment Period, and which amount shall be paid in a lump sum in cash within thirty (vi30) calendar days of the Date of Termination, in accordance with the Reimbursement Rules, where applicable, (iii) any plan benefits accrued before the termination plus the coverage described in Section 4(g)(ii) plus any benefits that by their terms extend beyond termination of Executive’s employment (but only to the extent provided in any such benefit plan in which Executive has participated as a Company employee and excluding, except as hereinafter provided in Section 6, any Company severance pay program or policy), which shall be paid in accordance with the terms of the applicable plans, and (iv) any benefits to which Executive is entitled in accordance with Part 6 of Subtitle B of Title I of the Employee Retirement Income Security Act of 1974, as amended (“COBRA”). Except as specifically described in this Section 6(a) and in the succeeding subparagraphs subsections of this Section 6 (under the circumstances described in those succeeding subparagraphssubsections), from and after the Date of Termination, . Executive shall cease to have any rights to salary, bonus, expense reimbursements or other compensation and benefits from the Company. The Company will pay (directly , BHI or through a subsidiary any of their subsidiaries or other Affiliate) the amounts set forth in subclauses (i) through (v) above to Executive in a lump sum as soon as administratively practicable after Executive’s Date of Termination but no later than is required by applicable law; provided, however, that if payment of any such amount at such time would result in a prohibited acceleration under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), then such amount shall be paid at the time the amount would have been paid under the applicable plan, policy, program or arrangement relating to such amount absent such prohibited accelerationaffiliates.