Supplemental Amount. (a) The Company has a qualified retirement plan, under Section 401 et seq. of the Internal Revenue Code of 1986, as amended (the "Code"). The Employee is a participant in said plans. Section 415 of the Code provides that a plan shall not be a qualified trust under Section 401(a) if it provides for the payment of contributions with respect to a participant in excess of certain amounts. The Company's plan has provisions intended to assure that they are such qualified trusts, by providing that no contribution may be made to a plan if such contribution would cause the plan to be a non-qualified trust (the "Section 415 provisions"). The annual amounts that the Employee, as a participant, would be entitled to have contributed for his benefit by the Company under said plan (or under any other plan qualified under Section 401 et seq. of the Code in which the Employee may be a participant during the Term) if the plans did not have Section 415 provisions (or any successor provisions) in excess of the annual amounts that the Company actually contributes thereto for the benefit of the Employee is referred to as the "Supplemental Amount."
(b) As supplemental compensation for each year during the Term, the Company shall, within 90 days after the end of the year, at the election of the Employee either (i) contribute the Supplemental Amount to non-qualified retirement plan established for the benefit of the Employee, (ii) issue (or transfer from its treasury stock) to the Employee a number of shares of its common stock, subject to no restriction other than as required by the Securities Act of 1933, equal to (x) the Supplemental Amount, (y) divided by the average of the daily closing prices of such stock over the last five trading days during said year. Such number of shares shall be rounded to the nearest number of whole shares. The certificate representing said shares shall bear the following legend: "The shares represented by this certificate were acquired in a transaction not registered under the Securities Act of 1933, and may not be transferred or disposed of except pursuant to an effective registration statement under said Act or an exemption from such registration thereunder" or (iii) pay the Supplemental Amount to the Employee in a lump sum cash payment.
Supplemental Amount a. In the event an employee has an injury, he/she will, unless found negligent, receive in addition to the compensation as provided by Chapter 616 or 617 of the NRS, a supplemental amount from the Authority, which would cause the total amount received by the employee from the work-related injury and the Authority to equal his/her salary at the time of his/her injury.
b. The supplemental compensation will start with the first day of absence due to the injury as directed by the treating physician, but will not exceed 340 work hours for the same injury and/or claim.
c. Supplemental compensation for the same injury and/or claim will not be available after the expiration of 6 months from the date of original injury, unless the employee thereafter requires surgery as a result of such injury and/or claim. During this period, the employee will not forfeit any accrued PTO leave.
d. Successful completion of the new-hire introductory period is required in order to qualify for the supplemental compensation from the Authority.
e. It is the intent of the Authority to pay the on-the-job injured employee as salary continuance, the difference between full bi-weekly salary and that provided pursuant to Chapter 616 or 617 of the NRS.
Supplemental Amount. Within five (5) business days of a request by Borrower in a Record, and upon payment by Borrower of the Supplemental Amount Fee (as defined below) and receipt by Lender of an original Allonge, in the form attached hereto as Exhibit H, signed by Borrower, Lender shall increase the Maximum Revolving Loan Amount by up to $1,500,000 (the "Supplemental Amount") as directed by Borrower in such Record; provided that the Supplemental Amount shall be zero for at least five (5) consecutive Business Days at least once every one hundred and twenty (120) days.
Supplemental Amount. Without limiting any of the amounts payable under §2.2, if the Loan is not indefeasibly paid in full in cash on the Maturity Date, the Borrowers agree, jointly and severally, to pay to the Lender on the day immediately after the Maturity Date, a supplemental amount (the “Supplemental Amount”) equal to 2.00% of the Loan Amount; provided that such Supplemental Amount shall increase by an additional 2.00% of the Loan Amount, and shall be due and payable, on each one-month anniversary of the Maturity Date until the Loan is indefeasibly paid in full in cash.
Supplemental Amount. (a) The Company has a qualified retirement plan, under Section 401 et seq. of the Internal Revenue Code of 1986, as amended. The Employee is a participant in said plans. Section 415 of the Code provides that a plan shall not be a qualified trust under Section 401(a) if it provides for the payment of contributions with
(b) As supplemental compensation for each year during the Term, the Company shall, within 90 days after the end of the year, issue (or transfer from its treasury stock) to the Employee a number of shares of its common stock, subject to no restriction other than as required by the Securities Act of 1933, equal to (x) the Supplemental Amount, (y) divided by the average of the daily closing prices of such stock over the last five trading days during said year. Such number of shares shall be rounded to the nearest number of whole shares. The certificate representing said shares shall bear the following legend: "The shares represented by this certificate were acquired in a transaction not registered under the Securities Act of 1933, and may not be transferred or disposed of except pursuant to an effective registration statement under said Act or an exemption from such registration thereunder."
Supplemental Amount. Employee is eligible to receive a supplemental severance payment in the amount of $431,010.00 (less deductions or withholdings required by law or by agreement between the Parties and any outstanding amounts Employee owes to the Company, including but not limited to any outstanding balance owed on any housing or relocation loans). Employee understands that payment will be made at the same time as the severance payment described in paragraph 3.A, above.
Supplemental Amount. Except as otherwise provided herein, all charges and fees attributable to the Assumed Contracts shall be prorated by and between Sellers and Purchaser as of the close of business on the Closing Date, with the aggregate amount of such prorations being deemed a positive value if such aggregate results in an amount payable by Sellers to Purchaser, and with the aggregate amount of such prorations being deemed a negative value if such aggregate results in an amount payable by Purchaser to Sellers (the "Prorations"). The "Supplemental Amount" shall equal the estimated value of the Prorations, and will be determined in good faith by Sellers and in accordance with generally accepted accounting principles consistently applied ("GAAP") (except that no item shall fail to be included therein or excluded therefrom on the basis of materiality, individually or collectively). Sellers shall deliver to Purchaser not later than five (5) days prior to the Closing Date a schedule (the "Supplemental Amount Schedule"), certified by the treasurer or chief financial officer of each Seller, setting forth the Prorations and Sellers' calculation of the Supplemental Amount.
Supplemental Amount. Not applicable.
Supplemental Amount of the Credit Agreement is hereby amended by the addition thereto of the following term:
Supplemental Amount. In the event that the Company chooses to request a Supplemental Amount in connection with a Draw Down, such request shall be deemed to be an option granted by the Company to the Investor to purchase additional Shares (i.e., in addition to the Shares purchased in respect of the Minimum Obligated Amount) for an amount up to the Supplemental Amount. The Investor may exercise all or any portion of this option for any Trading Day during the Draw Down Pricing Period, and purchase Shares in respect of all or any portion of the Supplemental Amount, at a price per share equal to the Purchase Price. For any Trading Day during the applicable Draw Down Pricing Period for which the Investor exercises its option, it shall notify the Company in writing not later than 6:59 A.M. EST on the Trading Day immediately following the Trading Day for which such purchase is effectively made. Such notice to the Company, substantially in the form of Exhibit D hereof, shall specify the aggregate dollar amount for the purchase, the Purchase Price and the resulting number of Shares to be purchased in respect of the Supplemental Amount requested. Any portion of a Supplemental Amount remaining unexercised after 8:00 P.M. EST on the final Trading Day of a Draw Down Pricing Period shall automatically expire, terminate and be of no further force or effect.
