Common use of Prior Performance Year Clause in Contracts

Prior Performance Year. If a bonus for the prior calendar year has not been paid under EICP as of the Executive’s Covered Termination Date, then Executive will be entitled to the actual amount of the bonus determined under the EICP for such prior calendar year (such amount to be determined without the exercise of any downward discretion), in a lump sum in cash at the same time such bonus is paid to other EICP participants.

Prior Performance Year. If a bonus for the prior calendar year has not been is paid under the EICP as of the after Executive’s Covered Termination DateDate occurs for the immediately preceding calendar year, then Executive will be entitled to an amount equal to the product of (A) the Salary and (B) the Target Bonus Percentage (or, if greater, the actual amount of the bonus determined under the EICP for such prior calendar year (such amount to be determined without the exercise of any downward discretionyear), in a lump sum in cash at the same later of (i) the 60th day after the Covered Termination Date and (ii) the time such bonus is paid to other EICP participants.