Excess Bonus definition
Examples of Excess Bonus in a sentence
Executive shall remit the Excess Bonus Amount to the Company within 30 days after receiving written notice (an “Excess Bonus Notice”) from the Board describing the reason for overpayment and the Excess Bonus Amount due from Executive.
Subject to the provisions of this Section 3.2, the Executive shall be entitled to an annual performance-based bonus (the "Bonus") of an amount equal to up to one hundred percent (100%) of Base Salary for achievement of specified target goals (the "Target Bonus") and up to an additional one hundred percent (100%) of Base Salary for achievement of performance goals in excess of the target goals (the "Excess Bonus").
For purposes of the preceding sentence, "Excess Bonus Payments" shall mean an amount equal to the difference between (x) the amount of the cash payment pursuant to the Cash Award paid to the Participant and (y) the amount that cash payment pursuant to the Cash Award would have been if the Company had used the restated financial statements to determine the amount of the Company's Gross Profit for the Performance Goal Test Date.
Subject to Section 9 hereof, the Company shall pay any performance bonus payable hereunder within seventy-four (74) days following the end of the applicable Fiscal Year; provided, however, to the extent any portion of the bonus (the "Excess Bonus"), is not deductible by the Company pursuant to Section 162(m) of the Code, then such Excess Bonus shall not be paid to the Executive until the first day of the month following the date of Executive's termination of employment with the Company.
For example, assume all of the Excess Bonus Pool was generated by Europe, i.e. United States and APLAC made their adjusted EBITDA budget while Europe exceeded its adjusted EBITDA budget by $2 million.
For the year 2006 only, the Executive shall be guaranteed a Target Bonus equal to 100% of Base Salary as prorated for time actually worked in 2006; any earned Excess Bonus for 2006 shall also be prorated to reflect the partial year of employment.
Subject to Section 10 hereof, the Company shall pay any performance bonus payable hereunder within seventy-four (74) days following the end of the applicable Fiscal Year; provided, however, to the extent any portion of the bonus (the "Excess Bonus"), is not deductible by the Company pursuant to Section 162(m) of the Code, then such Excess Bonus shall not be paid to the Executive until the first day of the month following the date of Executive's termination of employment with the Company.
I have had the opportunity to consult with counsel of my choosing and I agree to be bound by the terms of the Agreement, including, without limitation, allowing the Company to withhold the amount of the Excess Bonus Amount from any other compensation owed to me if I fail to timely return such Excess Bonus Amount.
I understand that the form of distribution of such Deferred Excess Bonus shall be in shares of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”) upon my eligibility for such distribution based upon the conditions set forth in this Form and in the Plan.
Such Excess Bonus shall not exceed the aggregate amount of Forty-seven Thousand Seven Hundred Four and No/100 Dollars ($47,704.00).