Capital Transaction Success Fee Clause Samples
Capital Transaction Success Fee. You shall be eligible for a Capital Transaction Success Fee, not to exceed $1,000,000, if, in your capacity as Board Chairman, you are instrumental in causing DFR to execute agreement(s) for a Capital Transaction, as defined below, in 2009 that substantially increase DFR shareholder value. A Capital Transaction means (i) the ownership or acquisition by any person of more than 50% of the outstanding common stock of DFR; (ii) the merger or consolidation of DFR with or into any person; or (iii) any one or a series of related sales or conveyances to any person of all or substantially all of DFR’s assets.
Capital Transaction Success Fee. You shall be eligible for a Capital Transaction Success Fee, not to exceed $1,000,000, if the following conditions are met: (i) in your capacity as Board Chairman, you are instrumental in causing DFR to execute agreement(s) for a Capital Transaction, as defined below, in 2008 that substantially increases DFR shareholder value; and (ii) after the Capital Transaction the surviving entity does not offer you a position with DFR that is acceptable to you. A Capital Transaction means (i) the ownership or acquisition by any person of more than 50% of the outstanding common stock of DFR; (ii) the merger or consolidation of DFR with or into any person; or (iii) any one or a series of related sales or conveyances to any person of all or substantially all of DFR’s assets.