Common use of Regular Annual Bonus Clause in Contracts

Regular Annual Bonus. For the 2010 fiscal year, the Executive shall be eligible for a cash performance bonus (the “2010 Bonus”) under the Company’s 2010 Management Incentive Plan, subject to achievement of the specified performance targets, with such bonus payable in 2011 within fifteen (15) days following the Company’s filing of its Form 10-K for the 2010 fiscal year. Thereafter, during the Employment Period, the Executive shall be paid an annual cash performance bonus (an “Annual Bonus”) in respect of each fiscal year that ends during the Employment Term, to the extent earned based on performance against objective performance criteria. The performance criteria, which may include individual performance goals to be assessed by the Company’s Chief Executive Officer in consultation with the Board, for any particular calendar year shall be determined in good faith by the Board, after consultation with the Company’s Chief Executive Officer, no later than sixty (60) days after the commencement of the relevant bonus period. Executive’s annual bonus opportunity for a calendar year shall equal 70% of the Executive’s Base Salary at the commencement of the year (and not on the Executive’s annualized year-end Base Salary) (the “Target Bonus”) for that year if target levels of performance for that year are achieved, with greater or lesser amounts (including zero) paid for performance above and below target (such greater and lesser amounts to be determined by a formula established by the Board for that year when it established the targets and performance criteria for that year). The Executive’s Annual Bonus for a bonus period shall be determined by the Board after the end of the applicable bonus period and shall be paid to the Executive when annual bonuses for that year are paid to other senior executives of the Company generally, but in no event later than March 15 of the year following the year to which such Annual Bonus relates. In carrying out its functions under this Section 5(b)(i), the Board shall at all times act reasonably and in good faith.

Regular Annual Bonus. For the 2010 fiscal year, the Executive shall be eligible for a cash performance bonus (the “2010 Bonus”) under the Company’s 2010 Management Incentive Plan, subject to achievement of the specified performance targets, with such bonus payable in 2011 within fifteen (15) days following the Company’s filing of its Form 10-K for the 2010 fiscal year. Thereafter, during the Employment Period, the Executive shall be paid an annual cash performance bonus (an “Annual Bonus”) in respect of each fiscal year that ends during the Employment Term, to the extent earned based on performance against objective performance criteria. The performance criteria, which may include individual performance goals to be assessed by the Company’s Chief Executive Officer in consultation with the Board, for any particular calendar year shall be determined in good faith by the Board, after consultation with the Company’s Chief Executive Officer, no later than sixty (60) days after the commencement of the relevant bonus period. Executive’s annual bonus opportunity for a calendar year shall equal 7050% of the Executive’s Base Salary at the commencement of the year (and not on the Executive’s annualized year-end Base Salary) (the “Target Bonus”) for that year if target levels of performance for that year are achieved, with greater or lesser amounts (including zero) paid for performance above and below target (such greater and lesser amounts to be determined by a formula established by the Board for that year when it established the targets and performance criteria for that year). The Executive’s Annual Bonus for a bonus period shall be determined by the Board after the end of the applicable bonus period and shall be paid to the Executive when annual bonuses for that year are paid to other senior executives of the Company generally, but in no event later than March 15 of the year following the year to which such Annual Bonus relates. In carrying out its functions under this Section 5(b)(i), the Board shall at all times act reasonably and in good faith.

Regular Annual Bonus. For the 2010 fiscal year, the Executive shall be eligible for a cash performance bonus (the “2010 Bonus”) under the Company’s 2010 Management Incentive Plan, subject to achievement of the specified performance targets, with such bonus payable in 2011 within fifteen (15) days following the Company’s filing of its Form 10-K for the 2010 fiscal year. Thereafter, during the Employment Period, the Executive shall be paid an annual cash performance bonus (an “Annual Bonus”) in respect of each fiscal year that ends during the Employment Term, to the extent earned based on performance against objective performance criteria. The performance criteria, which may include individual performance goals to be assessed by the Company’s Chief Executive Officer in consultation with the Board, criteria for any particular calendar year shall be determined in good faith by the Board, after consultation with the Company’s Chief Executive Officer, no later than sixty (60) days after the commencement of the relevant bonus period. Executive’s annual bonus opportunity for a calendar year shall equal 70100% of the Executive’s Base Salary at the commencement of the year (and not on the Executive’s annualized year-end Base Salary) (the “Target Bonus”) for that year if target levels of performance for that year are achieved, with greater or lesser amounts (including zero) paid for performance above and below target (such greater and lesser amounts to be determined by a formula established by the Board for that year when it established the targets and performance criteria for that year). The Executive’s Annual Bonus for a bonus period shall be determined by the Board after the end of the applicable bonus period and shall be paid to the Executive when annual bonuses for that year are paid to other senior executives of the Company generally, but in no event later than March 15 of the year following the year to which such Annual Bonus relates. In carrying out its functions under this Section 5(b)(i), the Board shall at all times act reasonably and in good faith.