Common use of Additional Bonus Clause in Contracts

Additional Bonus. If, as of the date that an award under the Plan (or other applicable long-term incentive program of the Company) as described in Section 3(c) above would otherwise be granted, (i) either (1) the common units representing limited partner interests in the Partnership (“Common Units”) are no longer publicly traded on (A) any exchange registered with the Securities and Exchange Commission (the “SEC”) under Section 6(a) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) (or any successor to such Section), or (B) any other securities exchange (whether or not registered with the SEC under Section 6(a) (or any successor to such Section) of the Exchange Act) that the Company shall designate as a “National Securities Exchange” for purposes of the Agreement of Limited Partnership of the Partnership, as amended (the “Partnership Agreement”) or the Partnership has otherwise been delisted, (2) the Board has made a public announcement that the Partnership will no longer make cash distributions on the Common Units, or (3) the Board has made a formal determination in writing that no cash distributions will be made on the Common Units for the first quarter of the applicable calendar year, and (ii) as a result of the event(s) described in clause (i), the Board (or the applicable committee) in its discretion elects not to grant any award to the Executive under the Plan (or other applicable long-term incentive program) pursuant to paragraph (c) above, then the Executive will be entitled to an additional cash bonus award, in an amount to be determined by the Board in its discretion and which shall be paid to the Executive at the same time the Annual Bonus is paid (each such additional cash bonus award, an “Additional Bonus”). Notwithstanding the foregoing, no bonus shall be paid in substitution for compensation subject to (and not exempt from) Section 409A of the of the Internal Revenue Code of 1986 (the “Code”), to the extent such payment would result in the imposition of additional tax, interest and/or penalties upon Executive under Section 409A of the Code.

Additional Bonus. If, as of the date that an award under the Plan (or other applicable long-term incentive program of the Company) as described in Section 3(c) above would otherwise be granted, (i) either (1) the common units representing limited partner interests in the Partnership (“Common Units”) are no longer publicly traded on (A) any exchange registered with the Securities and Exchange Commission (the “SEC”) under Section 6(a) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) (or any successor to such Section), or (B) any other securities exchange (whether or not registered with the SEC under Section 6(a) (or any successor to such Section) of the Exchange Act) that the Company shall designate as a “National Securities Exchange” for purposes of the Partnership Agreement of Limited Partnership of the Partnership, as amended (the “Partnership Agreement”) or the Partnership has otherwise been delisted, (2) the Board has made a public announcement that the Partnership will no longer make cash distributions on the Common Units, or (3) the Board has made a formal determination in writing that no cash distributions will be made on the Common Units for the first quarter of the applicable calendar year, and (ii) as a result of the event(s) described in clause (i), the Board (or the applicable committee) in its discretion elects not to grant any award to the Executive under the Plan (or other applicable long-term incentive program) pursuant to paragraph (c) above, then the Executive will be entitled to an additional cash bonus award, in an amount to be determined by the Board in its discretion and which shall be paid to the Executive at the same time the Annual Bonus is paid (each such additional cash bonus award, an “Additional Bonus”). Notwithstanding the foregoing, no bonus shall be paid in substitution for compensation subject to (and not exempt from) Section 409A of the of the Internal Revenue Code of 1986 (the “Code”), to the extent such payment would result in the imposition of additional tax, interest and/or penalties upon Executive under Section 409A of the Code.. ​

Additional Bonus. If, as of the date that an award under the Plan (or other applicable long-term incentive program of the Company) as described in Section 3(c) above would otherwise be granted, (i) either (1) the common units representing limited partner interests in the Partnership (“Common Units”) are no longer publicly traded on (A) any exchange registered with the Securities and Exchange Commission (the “SEC”) under Section 6(a) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) (or any successor to such Section), or (B) any other securities exchange (whether or not registered with the SEC under Section 6(a) (or any successor to such Section) of the Exchange Act) that the Company shall designate as a “National Securities Exchange” for purposes of the Partnership Agreement of Limited Partnership of the Partnership, as amended (the “Partnership Agreement”) or the Partnership has otherwise been delisted, (2) the Board has made a public announcement that the Partnership will no longer make cash distributions on the Common Units, or (3) the Board has made a formal determination in writing that no cash distributions will be made on the Common Units for the first quarter of the applicable calendar year, and (ii) as a result of the event(s) described in clause (i), the Board (or the applicable committee) in its discretion elects not to grant any award to the Executive under the Plan (or other applicable long-term incentive program) pursuant to paragraph (c) above, then the Executive will be entitled to an additional cash bonus award, in an amount to be determined by the Board in its discretion and which shall be paid to the Executive at the same time the Annual Bonus is paid (each such additional cash bonus award, an “Additional Bonus”). Notwithstanding the foregoing, no bonus shall be paid in substitution for compensation subject to (and not exempt from) Section 409A of the of the Internal Revenue Code of 1986 (the “Code”), to the extent such payment would result in the imposition of additional tax, interest and/or penalties upon Executive under Section 409A of the Code.