Other Compensation and Fringe Benefits. In addition to any executive bonus, pension, deferred compensation and long-term incentive plans which the Company or an affiliate of the Company may from time to time make available to the Employee, the Employee shall be entitled to the following during the Employment Term:
(a) the standard Company benefits enjoyed by the Company’s other top executives as a group;
(b) medical and other insurance coverage (for the Employee and any covered dependents) provided by the Company to its other top executives as a group;
(c) supplemental disability insurance sufficient to provide two-thirds of the Employee’s pre-disability Annual Base Salary;
(d) an annual incentive bonus opportunity under the Company’s annual incentive plan (“Annual Bonus Plan”) for each calendar year included in the Employment Term, with such opportunity to be earned based upon attainment of performance objectives established by the Committee (“Annual Bonus”). The Employee’s target Annual Bonus under the Annual Bonus Plan shall be no less than 150% of the Employee’s Annual Base Salary (collectively, the target and maximum are referred to as the “Annual Bonus Opportunity”). The Employee’s Annual Bonus Opportunity may be periodically reviewed and increased (but not decreased without the Employee’s express written consent) at the discretion of the Committee. The Annual Bonus shall be paid no later than the March 15th first following the calendar year to which the Annual Bonus relates. Unless provided otherwise herein or the Board determines otherwise, no Annual Bonus shall be paid to the Employee unless the Employee is employed by the Company, or an affiliate thereof, on the Annual Bonus payment date; and
(e) participation in the Company’s equity incentive plans.
Other Compensation and Fringe Benefits. In addition to any executive bonus, pension, deferred compensation and long-term incentive plans which the Company or an affiliate of the Company may from time to time make available to the Employee, the Employee shall be entitled to the following during the Employment Term:
(a) the standard Company benefits enjoyed by the Company's other top executives as a group;
(b) payment by the Company of the Employee's initiation and membership dues in all social and/or recreational clubs as deemed necessary and appropriate by the Company to maintain various business relationships on behalf of the Company; provided, however, that the Company shall not be obligated to pay for any of the Employee's personal purchases and expenses at such clubs;
(c) medical and other insurance coverage (for the Employee and any covered dependents) provided by the Company to its other top executives as a group;
(d) supplemental disability insurance sufficient to provide two-thirds of the Employee's pre-disability Annual Base Salary;
(e) an annual incentive bonus opportunity under the Company's annual incentive plan ("Annual Bonus Plan") for each calendar year included in the Employment Term, with such opportunity to be earned based upon attainment of performance objectives established by the Committee ("Annual Bonus"). The Employee's "bonus factor" or "bonus target" under the Annual Bonus Plan shall be not less than 150% of the Employee's Annual Base Salary. The Employee's "bonus factor" may be periodically reviewed and increased (but not decreased without the Employee's express written consent) at the discretion of the Committee. The Annual Bonus shall be paid no later than the March 15th first following the calendar year to which the Annual Bonus relates. Unless provided otherwise herein or the Board determines otherwise, no Annual Bonus shall be paid to the Employee unless the Employee is employed by the Company, or an affiliate thereof, on the Annual Bonus payment date; and
Other Compensation and Fringe Benefits. (a) Executive shall be entitled to participate in all benefit, pension, savings, welfare, perquisite and other plans or arrangements that the Company may establish from time to time for its senior executive officers, subject to the terms and conditions of such plans or arrangements. Such plans or arrangements shall be no less favorable to Executive than those provided to Executive by the Company as of December 31, 2007.
(b) Executive shall be eligible to receive an annual incentive bonus opportunity for each calendar year included in the Employment Term, with such opportunity to be earned based upon attainment of performance objectives established by the Compensation Committee after consultation with the Company’s Chief Executive Officer (“Annual Bonus”). Executive’s target Annual Bonus shall be no less than 50% of Executive’s Annual Base Salary (the target is referred to as the “Annual Bonus Opportunity”). Executive’s Annual Bonus Opportunity may be periodically reviewed and increased (but not decreased without Executive’s express written consent) at the discretion of the Compensation Committee. The Annual Bonus shall be paid no later than the March 15th first following the calendar year to which the Annual Bonus relates. Unless provided otherwise herein or the Compensation Committee determines otherwise, no Annual Bonus shall be paid to Executive unless Executive is employed by the Company, or an affiliate thereof, on the Annual Bonus payment date.
(c) Executive shall be eligible to participate in Parent’s equity incentive plans with periodic equity grants comparable to those made to other similarly situated top executives of Parent.
(d) Subject to Executive’s continued employment through the date the relevant EBITDA target is satisfied and subject to such other terms and conditions determined by the Compensation Committee to be necessary or appropriate, Executive shall, in the sole discretion of the Compensation Committee, be entitled to an additional bonus if, following the acquisition by Parent or the Company of another company or business or the assets of another company or business, the EBITDA targets established by the Compensation Committee related to such acquired business are satisfied.
Other Compensation and Fringe Benefits. The Consultant shall not receive any other compensation from the Company or participate in or receive benefits under any of the Company's employee fringe benefit programs or receive any other fringe benefits from the Company on account of the consulting services to be provided to the Company under this Agreement, including without limitation health, disability, life insurance, retirement, pension, and profit sharing benefits.
Other Compensation and Fringe Benefits. In addition to any executive bonus, pension, deferred compensation and stock option plans which the Company may from time to time make available to the Employee upon mutual agreement, the Employee shall be entitled to the following:
(a) The standard Company benefits enjoyed by the Company's other top executives;
(b) Payment by the Company of the Employee's initiation and membership dues in a social and/or recreational club as deemed necessary and appropriate by the Employee (and pre-approved by the Company at the Company's discretion) to maintain various business relationships on behalf of the Company; provided, however, that the Company shall not be obligated to pay for any of the Employee's personal purchases and expenses at such club;
(c) Provision by the Company during the Term and any extensions thereof to the Employee and his dependents of the medical and other insurance coverage provided by the Company to its other top executives;
(d) Provision by the Company of supplemental disability insurance sufficient to provide two-thirds of the Employee's pre-disability minimum base annual salary for a two year period;
(e) An Annual Bonus for the fiscal year ended January 31, 2000, equal to 100% of the minimum annual base salary set forth in Section 3 above if the Company achieves 30% growth in earnings per share during fiscal 2000 over earnings per share during fiscal 1999. In all subsequent years, the Annual Bonus shall be calculated by first determining the amount by which the Company's net income increases over the prior fiscal year. If such increase is 15%, Employee shall receive a bonus equal to 50% of his then current minimum base annual salary and if net income increases less than 15% or decreases, Employee shall receive no bonus. For each full 5% increase in the Company's net income over the 15% base increase, Employee's Annual Bonus shall increase by an amount equal to 50% of his minimum base annual salary. For example, a 30% increase in net income would result in a bonus equal to 200% of the Employee's then current minimum base annual salary. In no event shall the Annual Bonus exceed 200% of Employee's minimum annual Employment Agreement (page 3)
Other Compensation and Fringe Benefits. Section 4(d) of the Agreement is hereby amended to extend the bonus provided for therein to fiscal year 2011.
Other Compensation and Fringe Benefits. In addition to any executive bonus, pension, deferred compensation and stock option plans which the Company may from time to time make available to the employee upon mutual agreement, the Employee shall be entitled to the following:
(a) The standard Company benefits enjoyed by the Company's other top executives.
(b) Payment by the Company of the Employee's initiation and membership dues in all social and/or recreational clubs as deemed necessary and appropriate by the Employee to maintain various business relationships on behalf of the Company; provided, however, that the Company shall not be obligated to pay for any of the Employee's personal purchases and expenses at such club.
(c) Provision by the Company during the Term and any extensions thereof to the Employee and her dependents of medical and other insurance coverage under the Company's Executive Medical Plan.
(d) Provision by the Company of supplemental disability insurance sufficient to provide two-thirds of the Employee's pre-disability minimum base annual salary.
(e) Employee shall be entitled to receive an annual incentive bonus for each calendar year included in this Agreement based on the Company's performance during the preceding year as determined by the Compensation Committee of the Board of Directors. The annual bonus shall be paid no later than March 15th of the following year and is fully vested at the end of each year in the event of a non-renewal of this Agreement by the Company. Subject to Section 7 below, the annual bonus shall be pro-rated for any partial employment year. The Company shall deduct from all compensation payable under this Agreement to the Employee any taxes or withholdings the Company is required to deduct pursuant to state and federal laws or by mutual agreement between the parties
Other Compensation and Fringe Benefits. In addition to any executive bonus, pension, deferred compensation and stock option grants which the Company may from time to time make available to the Employee upon mutual agreement, the Employee shall be entitled to the following during the Term:
(a) The standard Company benefits enjoyed by the Company’s other top executives;
(b) Payment by the Company of the Employee’s initiation and membership dues in a social and/or recreational club as deemed necessary and appropriate by the Employee (and pre-approved by the Compensation Committee at its discretion) to maintain various business relationships on behalf of the Company; provided, however, that the Company shall not be obligated to pay for any of the Employee’s personal purchases and expenses at such club;
(c) Provision by the Company to the Employee and his dependents of the medical and other insurance coverage provided by the Company to its other top executives. In addition, the Company will reimburse Employee for all medical, dental and vision care expenses incurred by the Employee and his dependents that are not otherwise reimbursed or covered by the base health insurance plan; and
(d) Provision by the Company of supplemental disability insurance sufficient to provide two-thirds of the Employee’s pre-disability minimum base annual salary for a two-year period.
Other Compensation and Fringe Benefits. Clause (g) is hereby added to Section 4, which clause reads in its entirety as follows:
Other Compensation and Fringe Benefits. In addition to any executive bonus, pension, deferred compensation and long-term incentive plans which the Company or an affiliate of the Company may from time to time make available to the Employee, the Employee shall be entitled to the following during the Employment Term:
(a) the standard Company benefits enjoyed by and provided by Company to senior executives, including an annual executive physical;
(b) medical and other insurance coverage (for the Employee and any covered dependents) provided by the Company, subject to standard costs, terms and other conditions;
(c) eligibility to participate in the Company’s Supplemental Executive Retirement Plan, as established by the Company as of August 1, 1999 and as amended and supplemented thereafter (the “SERP”), in which he is fully vested;
(d) an annual incentive bonus opportunity under the Company’s Amended and Restated Annual Bonus Plan (“Annual Bonus Plan”) for each calendar year included in the Employment Term, with such opportunity to be earned based upon attainment of performance objectives established by the Committee (“Annual Bonus”). In respect of the 2010 calendar year, the Employee shall be eligible to receive an annual target incentive bonus of two million, four hundred thousand dollars ($2,400,000) under the Annual Bonus Plan, subject to the terms and conditions thereunder, including the attainment of EBITDAR objectives already established by the Employee and the Board. For subsequent years during the Employment Term, the target Annual Bonus shall not be less than 150% of his Annual Base Salary. The Annual Bonus shall be paid no later than the March 15 first following the calendar year to which the Annual Bonus relates;
(e) eligible to receive a target long-term incentive bonus (the “Long-Term Bonus”) of four million dollars ($4,000,000) under the Company’s 2010 Long-Term Incentive Cash Bonus Plan (the “Long-Term Plan”), payable upon the attainment of EBITDAR objectives already established by the Employee and the Board and relating to the financial performance of the Company during the three-year period beginning January 1, 2008 and ending December 31, 2010, as specified in the Long-Term Plan. The Employee shall vest 100% in his Long-Term Bonus on December 31, 2010 provided he remains continuously employed through such date, which shall be payable in two installments, the first half to be paid in March 2011 and the second half in March 2012, in accordance with the terms and conditions of the Lon...
