Special Bonus Program. Because of the Company s involvement in a NAFTA arbitration against the Federal Government of Mexico, it requires an extraordinary effort on the part of key employees to ensure the success of the litigation on the part of the Company. A total of five percent (5%) of the award, or the value of the settlement, is to be shared with three key executives. The Executive herein shall be entitled to one percent (1%) of the total award, or the total value of the settlement of the case, in the event there is a settlement.
Special Bonus Program. The Company shall establish a special bonus program (the "Special Bonus Program") providing for bonus payments to Company employees with an aggregate value equal to $4,800,000; provided that Buyer Designator shall, upon such terms as shall have been agreed as provided below, have funded $2,400,000 thereof in cash to the Company or Buyer at the Closing, as Buyer shall direct. The Special Bonus Program shall be on such terms as Buyer Designator and Buyer shall agree after good faith negotiations and, in any event, shall provide for broad participation by employees of the Company (it being understood that it is the intent of the parties that the Special Bonus Program provide incentive to approximately 1,400 employees of the Company and that, subject to agreement between Buyer Designator and Buyer, all or a portion of the benefits under such Special Bonus Program may be stock options issued by Buyer); provided that Buyer may, at its option, fund one-half of the Special Bonus Program in stock options of Buyer with a value of $2,400,000.
Special Bonus Program. Purchaser shall assume all obligations for payment in 2007 of all bonus amounts earned under the Special Bonus Program (as a result of the Company's achieving the bonus payment targets set forth in, and in accordance with, the terms of the Special Bonus Program) in the aggregate maximum amount not to exceed $3,000,000, by the participants and in the maximum amount listed opposite such participant's name on Schedule 9.13;provided however, that if the Special Bonus Program is amended after the date of this Agreement or the maximum bonus pool thereunder is otherwise increased prior to Closing, Seller shall be responsible for and hereby agrees to make payment of all bonus amounts in excess of $3,000,000. Without limiting the foregoing, Seller shall not be responsible for any amounts owed as a result of modifications to the Special Bonus Program made by Purchaser or its Affiliates after the Closing Date. Seller hereby covenants and agrees that it will not modify or amend the Special Bonus Program as in effect on the date hereof or permit additional persons to participate in, or increase the potential amounts payable to any person under the Special Bonus Program.
Special Bonus Program. For a period of the next four (4) years, Employee shall receive a four (4) percent commission on net sales of the Corporation's tissue and metal products, excluding base tissue, in New Jersey, Delaware, and Northeastern Pennsylvania as referenced in attachment A. Employee will receive a total of ten (10) percent commission for net sales over Plan. For the purposes of this Section 5.3, Plan shall be defined as the previous years sales plus twenty (20) percent. Sales of the Corporation's allograft bone tissue products that are not proprietary products are excluded from this program. The maximum payment over the four year period of this program shall be Two Million One Hundred Thousand Dollars ($2,100,000.00). However, should Employee's employment terminate in accordance with Sections 7 or 9, within the four year period, Employee agrees to repay fifty (50) percent of the commission paid to him in accordance with the terms of this Section 5.3. If Employee's employment terminates in accordance with Section 8, within the four year period, Employee shall not be required to repay fifty (50) percent of the commission paid to him in accordance with the terms of this Section 5.3. Upon the termination of Employee's employment, for any reason, Employee shall no longer be eligible to receive any future bonus payments under the terms of this Section 5.3.
Special Bonus Program. According to the terms of Executive's Employment Agreement, Executive is entitled to receive certain commissions based on specified performance criteria. The maximum payment to which Executive is eligible to receive over the four year period of the Special Bonus Program shall be Two Million One Hundred Thousand Dollars ($2,100,000.00). If a Change of Control occurs prior to the completion of the Scheduled Bonus Program, Executive shall be entitled to the following considerations:
Special Bonus Program. 43 SECTION 4.13
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