Common use of Stay Bonus Clause in Contracts

Stay Bonus. 5.4.1 In order to induce Executive to remain employed with Company until at least December 31, 2013, Company hereby agrees to pay Executive a retention bonus (the “Stay Bonus”) in the amount of twenty-five percent (25%) of Executive’s fiscal year 2013 annual base salary. The Stay Bonus shall be payable to Executive on the first bi-weekly pay period following December 31, 2013, provided Executive has been continuously employed by Company through December 31, 2013, except as provided in paragraph 5.4.2 below. 5.4.2 Except as set forth below, in the event that Executive terminates his employment prior to December 31, 2013, Executive shall not be entitled to the Stay Bonus. In the event that (i) Executive terminates his employment with the Company for “Good Reason” (as defined below), (ii) his employment with the Company is terminated for any reason within six (6) months following a “Change in Control” (as defined below), or (iii) his employment is terminated by the Company without cause, then Executive shall be entitled to receive 100% of the Stay Bonus pursuant to paragraph 5.4.1 above. Notwithstanding the foregoing, in the event that the Company terminates Executive’s employment for “Cause” (as defined below) prior to December 31, 2013, or Executive delivers to Company, prior to January 1, 2014, notice of voluntary resignation pursuant to paragraph 7.5, then in either instance Executive shall not be entitled to the Stay Bonus.

Stay Bonus. 5.4.1 In order to induce Executive to remain employed with Company until at least December 31, 2013, Company hereby agrees to pay Executive a retention bonus (the “Stay Bonus”) in the amount of twenty-five percent (25%) of Executive’s fiscal year 2013 annual base salary. The Stay Bonus shall be payable to Executive on the first bi-weekly pay period following December 31, 2013, provided Executive has been continuously employed by Company through December 31, 2013, except as provided in paragraph 5.4.2 below. 5.4.2 Except as set forth below, in the event that Executive terminates his her employment prior to December 31, 2013, Executive shall not be entitled to the Stay Bonus. In the event that (i) Executive terminates his her employment with the Company for “Good Reason” (as defined below), (ii) his her employment with the Company is terminated for any reason within six (6) months following a “Change in Control” (as defined below), or (iii) his her employment is terminated by the Company without cause, then Executive shall be entitled to receive 100% of the Stay Bonus pursuant to paragraph 5.4.1 above. Notwithstanding the foregoing, in the event that the Company terminates Executive’s employment for “Cause” (as defined below) prior to December 31, 2013, or Executive delivers to Company, prior to January 1, 2014, notice of voluntary resignation pursuant to paragraph 7.5, then in either instance Executive shall not be entitled to the Stay Bonus.

Stay Bonus. 5.4.1 In order to induce Executive to remain employed with Company until at least December 31, 2013, Company hereby agrees to pay Executive a retention bonus (the “Stay Bonus”) in the amount of twenty-five percent (25%) of Executive’s fiscal year 2013 annual base salary. The Stay Bonus shall be payable to Executive on the first bi-weekly pay period following December 31, 2013, provided Executive has been continuously employed by Company through December 31, 2013, except as provided in paragraph 5.4.2 below. 5.4.2 Except as set forth below, in the event that Executive terminates his employment prior to December 31, 2013, Executive shall not be entitled to the Stay Bonus. In the event that (i) Executive terminates his employment with the Company for “Good Reason” (as defined below), (ii) his his/her employment with the Company is terminated for any reason within six (6) months following a “Change in Control” (as defined below), or (iii) his employment is terminated by the Company without cause, then Executive shall be entitled to receive 100% of the Stay Bonus pursuant to paragraph 5.4.1 above. Notwithstanding the foregoing, in the event that the Company terminates Executive’s employment for “Cause” (as defined below) prior to December 31, 2013, or Executive delivers to Company, prior to January 1, 2014, notice of voluntary resignation pursuant to paragraph 7.5, then in either instance Executive shall not be entitled to the Stay Bonus.