Common use of Prorated Performance Bonus Clause in Contracts

Prorated Performance Bonus. For purposes of Section 7(a)(i) and Sections 7(b) and 7(c), the “Prorated Performance Bonus” shall be determined as follows: (A) for purposes of 7(a)(i), the performance bonus (if any) that otherwise would have been payable to the Executive in respect of the fiscal year of the Company in which the Date of Termination occurs, as reasonably determined by the Company under the Company’s performance bonus program for the Executive, had the Executive continued in employment with the Company through the last day of such fiscal year, and for purposes of Sections 7(b) and 7(c), the maximum Target Bonus with respect to the fiscal year of the Company in which the Date of Termination occurs, multiplied by (B) a fraction, the numerator of which is the number of full calendar months in such fiscal year during which the Executive was employed by the Company, and the denominator of which is the number of full calendar months in such fiscal year.

Prorated Performance Bonus. For purposes of Section 7(a)(i) and Sections 7(b) and 7(c), the “Prorated Performance Bonus” shall be determined as follows: (A) for purposes of 7(a)(i), the performance bonus (if any) that otherwise would have been payable to the Executive in respect of the fiscal year of the Company in which the Date of Termination occurs, as reasonably determined by the Company under the Company’s performance bonus program for the Executive, had the Executive continued in employment with the Company through the last day of such fiscal year, and for purposes of Sections 7(b) and 7(c), the maximum Target Bonus with respect to the fiscal year of the Company in which the Date of Termination occurs, multiplied by (B) a fraction, the numerator of which is the number of full calendar months in such fiscal year during which the Executive was employed by the Company, and the denominator of which is the number of full calendar months in such fiscal year; provided that, for purposes of Sections 7(b) and 7(c), the performance bonus shall be the maximum target performance bonus (if any) that otherwise would have been payable to the Executive in respect of the fiscal year of the Company in which the Date of Termination occurs.