Change in Control Bonus. “Change in Control Bonus” has the meaning set forth in Section 5a(iii)(1).
Change in Control Bonus. Upon consummation of a "Sale of the Company," if the Employee is employed by the Company immediately prior thereto, he will be entitled to receive a payment from the Company in the amount of 250% of his (i) then current base salary plus (ii) target annual bonus, reduced by his "Option Gain" and subject to any applicable withholding or employment taxes. Such amount (the "Change in Control Bonus") will be paid to the Employee in immediately available funds in a lump-sum at the time such Sale of the Company is consummated. The foregoing to the contrary notwithstanding, the Employee will only be entitled to receive the Change in Control Bonus if the Change in Control Bonus is previously approved by a vote of more than seventy-five percent (75%) of the voting power of the Company's outstanding stock immediately before any Sale of the Company. For purposes of this Agreement, the following terms have the meanings set forth below: "Sale of the Company" - a (i) a stock sale, merger, consolidation, combination, reorganization or other transaction resulting in less than fifty percent (50%) of the combined voting power of the surviving or resulting entity being owned by the shareholders of the Company immediately prior to such transaction or (ii) the sale or other disposition of all or substantially all of the assets or business of the Company (other than, in the case of either clause (i) or (ii) above, in connection with any employee benefit plan of the Company or an Affiliate); provided, however, that a public offering of the capital stock of the Company shall not be a "Sale of the Company."
Change in Control Bonus. (a) In the event the LTIP OP Units held by the Executive are redeemed or otherwise cashed-out in connection with the occurrence of a Change-in-Control, the Executive shall be entitled to receive from the Company a cash bonus determined as follow: A = (B minus C), multiplied by D, where: A equals the amount of the cash bonus to be paid to the Executive by the Company; B equals the per OPU consideration received by a holder of an OPU in connection with the Change-in-Control;
Change in Control Bonus. In the event of a Change in Control, as defined below, the Company promptly shall pay to Employee a lump-sum amount equal to one-half of Employee's Salary at the time of the occurrence of such Change in Control. The Company hereby agrees to obtain a satisfactory agreement from any successor to assume and agree to perform this Agreement. For purposes of this Agreement, a "Change in Control" shall have occurred if:
Change in Control Bonus. (i) During the Term, the Executive shall be entitled to a bonus payment in connection with the Change in Control of the Company (as defined below) (the “Change in Control Bonus”). The Change in Control Bonus for the Executive will be equal to two and one-half percent (2.5%) of the cash consideration received by the shareholders of the Company in the Change in Control transaction (minus any expenses, holdback provisions or other deductions from the purchase price), as determined in the sole discretion of the Board.
Change in Control Bonus. The Company (or any successor entity) shall pay to the Executive a lump sum bonus amount equal to two (2) times Executive’s Base Salary. Such bonus shall be paid to Executive in full simultaneously upon the close of the transaction that has created the Change of Control.
Change in Control Bonus. Subject to Executive’s continued employment with the Company through the occurrence of the first Change in Control that occurs no later than December 31, 2013, the Company shall pay Executive a lump sum cash payment of $ (the “Change in Control Bonus”) within five days following such Change in Control. The Change in Control Bonus shall be subject to all applicable tax and other legally-required withholdings.
Change in Control Bonus. Upon the occurrence of a Change in Control, as defined under the Company’s 2017 Incentive Compensation Plan (“2017 Plan”), the Executive shall be entitled to receive a lump sum payment equal to fifty percent (50%) of the Executive’s most recent annual salary, payable within thirty (30) days following the effective date of such Change in Control. Notwithstanding the foregoing, a Change in Control shall not occur unless such transaction constitutes a change in the ownership of the Company (including for purposes of this Section 4.4 all persons with whom the Company would be considered a single employer under Internal Revenue Code Section 409A), a change in effective control of the Company, or a change in the ownership of a substantial portion of the Company’s assets under Section 409A.”
Change in Control Bonus. Subject to the provisions below, upon the occurrence of a Change In Control under this Agreement, the Company shall pay Executive in cash a bonus equal to Executive's annual compensation from the Company (and any entity in which the Company directly or indirectly owns a majority of the voting interest) for the calendar year immediately preceding the year in which the Change In Control occurs, as reflected on Executive's forms W-2 or 1099 for such period (excluding deductions for 401(k) and medical plan contributions) (the "Base Amount"). Notwithstanding the foregoing, in no event may a bonus be paid hereunder unless in connection with a Change in Control, the price of the Company's Common Stock at the time of or in connection with the transaction giving rise to a Change in Control is equal to the lesser of (a) 15% above the closing bid price on Nasdaq (or other exchange as appropriate) of the Company's Common Stock on November 16, 1998 or (b) 15% above the "average market price" of the Company's Common Stock on the date of the approval by the Board of the Change in Control. For purposes here of, the average market price shall mean the average of the closing bid prices of the Company's Common Stock on Nasdaq (or other exchange as appropriate) for the 30 trading days immediately prior to the date which is 60 days immediately prior to the date of approval by the Board of the Change in Control.
Change in Control Bonus. 4.4.1. In addition to the compensation described in the other paragraphs of this Section 4 and in Section 5, and the Company’s Change In Control Carve Out Plan (the “Carve Out Plan”) upon the first occurrence of a Change in Control, the Company shall pay to the Executive a cash lump sum payment (less applicable withholding tax) equal to forty percent (40%) of his then Base Salary (the “Change in Control Bonus”), provided the Executive remains continuously and actively employed with the Company through the date of such Change in Control. The Change in Control Bonus will be paid to the Executive as soon as administratively feasible following, but in no event later than sixty (60 days) following, the Change in Control.
