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 the Bonus Plan as of Executive’s Covered Termination, then Executive will be entitled to the actual amount of the bonus determined under the Bonus Plan for such prior calendar year (such amount to be determined without the exercise of any downward discretion), paid in a lump sum in cash at the same time such bonus is paid to other Bonus Plan participants.

Appears in 7 contracts

Samples: Restructuring Transaction Retention Agreement (Babcock & Wilcox Enterprises, Inc.), Restructuring Transaction Retention Agreement (Babcock & Wilcox Enterprises, Inc.), Restructuring Transaction Severance Agreement (Babcock & Wilcox Enterprises, Inc.)

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

Appears in 6 contracts

Samples: Change in Control Agreement, Change in Control Agreement (BWX Technologies, Inc.), Change in Control Agreement (BWX Technologies, Inc.)

Prior Performance Year. If a bonus for the prior calendar year has not been paid under the Bonus Plan as of Executive’s effective date of the Covered Termination, then Executive will be entitled to the actual amount of the bonus determined under the Bonus Plan for such prior calendar year (such amount to be determined without the exercise of any downward discretion), paid in a lump sum in cash at the same time such bonus is paid to other Bonus Plan participants.. Exhibit 10.2

Appears in 1 contract

Samples: Change in Control Severance Agreement (Babcock & Wilcox Enterprises, Inc.)

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Prior Performance Year. If a bonus for the prior calendar year has not been paid under the Bonus Plan as of Executive’s effective date of the Covered Exhibit 10.1 Termination, then Executive will be entitled to the actual amount of the bonus determined under the Bonus Plan for such prior calendar year (such amount to be determined without the exercise of any downward discretion), paid in a lump sum in cash at the same time such bonus is paid to other Bonus Plan participants.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Babcock & Wilcox Enterprises, Inc.)

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