Applicable Average Bonus shall have the meaning set forth in subsection (ii) of Section 6.1.
Applicable Average Bonus means the higher of (A) the average of all annual bonuses (including any deferred bonuses) awarded to the Executive during the 36 months immediately preceding the Compensable Termination or, if the Executive was employed by the Company for less than 36 months before the Compensable Termination, during the period of his employment by the Company prior to the Compensable Termination (annualizing any bonus awarded for less than a full year of employment), or (B) the average of all annual bonuses (including any deferred bonuses) awarded to the Executive during the three fiscal years of the Company that precede the fiscal year in which the Compensable Termination occurs or during the portion of such three fiscal years in which he was employed by the Company (annualizing any bonus awarded for less than a full year of employment), or (C) the average of all annual bonuses (including any deferred bonuses) awarded to the Executive during the 36 months preceding the date on which the Change in Control occurred or during the portion of such 36 month period in which he was employed by the Company (annualizing any bonus awarded for less than a full year of employment).
Applicable Average Bonus means the higher of (I) the average annual bonus (including any deferred bonus) awarded to the Employee during the three year period immediately preceding the Compensable Termination, or (II) the average annual bonus (including any deferred bonus) awarded to the Employee during the three fiscal years of the Company preceding the fiscal year in which the Compensable Termination occurs; provided that, if the Compensable Termination occurs after a Change in Control or Potential Change in Control, the Applicable Average Bonus shall not be less than the average annual bonus (including any deferred bonus) awarded to the Employee during the three years preceding the date on which the Change in Control or Potential Change in Control occurred; and
Examples of Applicable Average Bonus in a sentence
For purposes of this section 5, the Employee's "Annual Cash Compensation" shall mean the sum of (I) the Employee's highest Base Salary (i.e., one year's salary at its highest rate), plus (II) the "Applicable Average Bonus" as defined in subparagraph 5(a)(i)(B) above.
More Definitions of Applicable Average Bonus
Applicable Average Bonus means the highest of (I) the average annual bonus (including any portion of the bonus that is deferred) awarded to the Employee during the three (3)-year period immediately preceding the Compensable Termination or, if the Employee was employed by the Company for less than three (3) years before the Compensable Termination, during the period of the Employee’s employment by the Company prior to the Compensable Termination (annualizing any bonus awarded for less than a full year of employment), (II) the average annual bonus (including any portion of the bonus that is deferred) awarded to the Employee during the three (3) fiscal years of the Company that precede the fiscal year in which the Compensable Termination occurs or during the portion of such three (3) fiscal years in which the Employee was employed by the Company (annualizing any bonus awarded for less than a full year of employment); provided that, if the Compensable Termination occurs after a Change in Control or Potential Change in Control, the Applicable Average Bonus shall not be less than the average annual bonus (including any portion of the bonus that is deferred) awarded to the Employee during the three (3) years preceding the date on which the Change in Control or Potential Change in Control occurred or during the portion of such three (3) years in which the Employee was employed by the Company (annualizing any bonus awarded for less than a full year of employment); or (III) the Employee’s target bonus (based on the greatest of (i) the Employee’s target bonus percentage and Base Salary rate as specified in Section 4 above, (ii) the Employee’s approved target bonus percentage and Base Salary rate in effect on the date of the Compensable Termination, or (iii) the Employee’s approved target bonus percentage and Base Salary rate in effect on the date of notice of such Compensable Termination); and
Applicable Average Bonus means the higher of (I) the average annual bonus (including any deferred bonus) awarded to the Employee during the three year period immediately preceding the Compensable Termination or, if the Employee was employed by the Company for less than three years before the Compensable Termination, during the period of his employment by the Company prior to the Compensable Termination (annualizing any bonus awarded for less than a full year of employment), or (II) the average annual bonus (including any deferred bonus) awarded to the Employee during the three fiscal years of the Company preceding the fiscal year in which the Compensable Termination occurs or during the portion of such three fiscal years in which he was employed by the Company (annualizing any bonus awarded for less than a full year of employment); provided that, if the Compensable Termination occurs after a Change in Control or Potential Change in Control, the Applicable Average Bonus shall not be less than the average annual bonus (including any deferred bonus) awarded to the Employee during the three years preceding the date on which the Change in Control or Potential Change in Control occurred or during the portion of such three years in which he was employed by the Company (annualizing any bonus awarded for less than a full year of employment); and
Applicable Average Bonus means the higher of (I) the average annual bonus (including any deferred bonus) awarded to the Employee during the three year period immediately preceding the Compensable Termination, or (II) the average annual bonus (including any deferred bonus) awarded to the Employee during the three fiscal years of BPI or, if applicable, BLI-NY that precede the fiscal year in which the Compensable Termination occurs; provided that, if the Compensable Termination occurs after a Change in Control or Potential Change in Control, the Applicable Average Bonus shall not be less than the average annual bonus (including any deferred bonus) awarded to the Employee during the three years preceding the date on which the Change in Control or Potential Change in Control occurred; and
Applicable Average Bonus means the higher of (A) the average of all annual bonuses (including any deferred bonuses) awarded to the Executive during the thirty-six (36) months immediately preceding the Compensable Termination or, if the Executive was employed by the Company for less than thirty-six (36) months before the Compensable Termination, during the period of the Executive’s employment by the Company prior to the Compensable Termination (annualizing any bonus awarded for less than a full year of employment), or (B) the average of all annual bonuses (including any deferred bonuses) awarded to the Executive during the three (3) fiscal years of the Company that precede the fiscal year in which the Compensable Termination occurs or during the portion of such three fiscal years in which the Executive was employed by the Company (annualizing any bonus awarded for less than a full year of employment), or (C) the average of all annual bonuses (including any deferred bonuses) awarded to the Executive during the thirty-six (36) months preceding the date on which the Change in Control occurred or during the portion of such thirty-six (36) month period in which the Executive was employed by the Company (annualizing any bonus awarded for less than a full year of employment).
Applicable Average Bonus means the highest of (I) the average annual bonus (including any portion of the bonus that is deferred) awarded to the Employee during the three (3)-year period immediately preceding the Compensable Termination, (II) the average annual bonus (including any portion of the bonus that is deferred) awarded to the Employee during the three (3) fiscal years of the Company that precede the fiscal year in which the Compensable Termination occurs; provided that, if the Compensable Termination occurs after a Change in Control or Potential Change in Control, the Applicable Average Bonus shall not be less than the average annual bonus (including any portion of the bonus that is deferred) awarded to the Employee during the three (3) years preceding the date on which the Change in Control or Potential Change in Control occurred; or (III) the Employee’s target bonus (based on the greatest of (i) the Employee’s target bonus percentage and Base Salary rate as specified in Section 4 above, (ii) the Employee’s approved target bonus percentage and Base Salary rate in effect on the date of the Compensable Termination, or (iii) the Employee’s approved target bonus percentage and Base Salary rate in effect on the date of notice of such Compensable Termination); and
Applicable Average Bonus means the average of all annual bonuses (including any deferred bonuses) awarded to the Executive during the 36 months immediately preceding the Severance Date or, if the Executive was employed by the Company for less than 36 months before the Severance Date, during the period of his employment by the Company prior to the Severance Date (annualizing any bonus awarded for less than a full year of employment).
Applicable Average Bonus mean means the higher of (A) the average of all annual bonuses (including any deferred bonuses) awarded to the Executive