Cash Incentive Compensation. During the Term, the Executive shall be eligible to receive cash incentive compensation as determined by the Board or the Compensation Committee from time to time. The Executive’s initial target annual cash incentive compensation shall be 40 percent of the Executive’s Base Salary. Except as otherwise provided herein, to earn cash incentive compensation, the Executive must be employed by the Company on the day such cash incentive compensation is paid.
Cash Incentive Compensation. The second sentence of Section 2(b) is hereby amended and restated as follows:
Cash Incentive Compensation. With respect to each fiscal year of the Company, all or part of which is contained in the Employment Term, the Executive will be eligible to participate in the Company's annual management incentive program or arrangement approved by the Board (or any authorized committee thereof) or any successor program or plan thereto or thereunder on terms and conditions no less favorable to the Executive than those available to similarly situated executives of the Company, with a target bonus opportunity of the percentage of the Base Salary set forth on EXHIBIT A attached hereto (the "Target Bonus Percentage") and a maximum bonus opportunity of not less than the percentage of the Base Salary set forth on EXHIBIT A attached hereto (the "Annual Bonus Percentage"). The Board (or any authorized committee thereof) shall have the authority to establish performance metrics and such other terms and conditions of the annual management incentive program pursuant to which such bonuses may be earned.
Cash Incentive Compensation. During the term of this Agreement, Employee will be eligible to receive annual or quarterly cash bonuses, based upon performance criteria established from time to time by the Board of Directors of Employer, a committee of the Board, or its authorized delegate, in its sole discretion, and administered pursuant to Employer’s Senior Manager Cash Incentive Plan policy, which is incorporated herein by this reference. The initial performance criteria relating to Employee’s cash incentive awards outstanding as of the Effective Time are set forth in Appendix B, but may be changed by Employer from time to time pursuant to such policy. Unless otherwise determined by Employer, any annual or quarterly bonus shall be prorated to the extent that Employee is employed for less than the full bonus period.
Cash Incentive Compensation. Following the Closing, Purchaser shall, or shall cause its applicable Subsidiaries to pay awards under Seller Parent cash-based annual incentive plan (the “Seller Cash Incentive Plan”) in which Transferred Employees participate for the performance period in which the Closing occurs, prorated for the period elapsed as of immediately prior to the Closing Date, or with respect to any Delayed Transfer Employee, the date on which such Delayed Transferred Employee transfers employment (based upon actual performance as determined in good faith in the ordinary course of business consistent with past practice by Seller Parent or its applicable Affiliate), to each Transferred Employee who is eligible to receive such an award pursuant to the terms of the Seller Cash Incentive Plan, which awards shall be paid at such time and to the extent that the Transferred Employees would have otherwise become entitled to such bonuses under the Seller Cash Incentive Plan (such prorated bonus, the “Seller Closing Bonus”); provided, however, if Purchaser’s or its applicable Subsidiary’s payment of the Seller Closing Bonus is prohibited under applicable Law, Purchaser and Seller Parent will agree to an alternative arrangement with respect to any such Seller Closing Bonus acting in good faith (which alternative arrangement shall preserve the division of Liabilities between Seller Parent and its Affiliates, on the one hand, and Purchaser and its Affiliates, on the other hand, generally contemplated by this Section 6.6(c)(v)). The aggregate amount of the Seller Closing Bonuses and any related employer-side Taxes (but less the amount of the Tax deduction that Seller Parent or its Affiliates would have realized had they paid the Seller Closing Bonuses) shall be reflected as a Liability in Business Working Capital. Without limiting the generality of Section 6.6(c)(i), effective as of the Closing, Purchaser shall cause the Transferred Employees to participate in the cash-based incentive plans of Purchaser and its Affiliates for the remainder of the performance period in which the Closing occurs, which plans shall provide (A) incentive compensation opportunities that are no less favorable than those provided to such Transferred Employees immediately prior to the Closing (provided that such opportunities may be prorated for the period from and including the Closing Date until the end of the applicable performance period and may be based on reasonable performance criteria established by Purcha...
Cash Incentive Compensation. The Board of Directors, in its sole discretion, may authorize the payment of special cash incentive compensation to Executive from time to time in excess of the amount stated in any documented regular cash incentive plans. Any such special payment of incentive compensation will not set a precedent requiring or suggesting that similar incentive compensation will be paid in the future. The Bank's Board of Directors will consider the adoption of documented regular cash incentive compensation plans whereby the Executive would receive specific cash compensation for the achievement of articulated goals as determined by the Board of Directors. Any such regular cash incentive compensation shall be separate and apart from any special cash incentive compensation.
Cash Incentive Compensation. On or before April 1 of each year, the Committee shall recommend to the Company Board the amount, if any, that shall be awarded to all senior executives (including Executive) of the Company who are eligible to participate in the cash incentive compensation program. The Committee shall recommend to the Company Board the cash award, if any, to be paid to Executive up to a maximum of 100% of Executive's Base Salary. The amounts available for distribution under the Company's cash incentive compensation program shall take into account Company financial and operating results. The incentive compensation amount awarded to Executive shall be weighted evenly between Company performance and individual performance to reward both cooperative management efforts to attain Company objectives and individual achievement. Fifty percent of the cash incentive compensation available to Executive shall be based on Company performance and 50% shall be based on the individual performance of Executive. Company performance shall be measured subjectively by the Committee with input from the CEO. The Committee shall evaluate individual performance of the Executive with input from the CEO. The cash incentive compensation, if paid, will be paid to Executive in a lump sum in April of each year.
Cash Incentive Compensation. During the Term, the Executive shall be eligible to receive cash incentive compensation as determined by the Compensation Committee from time to time in accordance with the Company’s executive annual incentive plan, which terms and conditions shall be communicated to the Executive prior to April 1 (or such other agreed upon period) after the beginning of each calendar year ending after 2013 during the Term. The cash incentive compensation for 2013 shall be determined as if the Executive had been employed by the Employers since January 1, 2013, but shall be offset by any bonus payable by Behringer Harvard Multifamily Advisors I, LLC or its subsidiaries or affiliates (“Behringer Harvard”) for the Executive’s service in 2013. The Executive’s target annual cash incentive compensation shall be 100 percent of his Base Salary. The cash incentive compensation will be predicated on both objective corporate (e.g., EBITDA, FFO, NOI growth, occupancy/leasing goals, investment activity, etc.) and individual measures to be mutually agreed upon between the Executive and the Compensation Committee. The amount of cash incentive compensation awarded to the Executive each year shall be reasonable in light of the contributions made by the Executive for such year in relation to the contributions made and the cash incentive compensation awarded to other senior executives of the Employers for such year. Cash incentive compensation for any year, if awarded by the Compensation Committee, shall be paid in the first 75 days after the beginning of the subsequent calendar year.
Cash Incentive Compensation. During the Term, the Executive shall be eligible to receive annual cash incentive compensation as determined by the Board or the Compensation Committee from time to time. The Executive’s initial target annual cash incentive compensation shall be fifty (50) percent of the Executive’s Base Salary, and shall be subject to such thresholds as set forth in the Company’s then current compensation policy and guidelines applicable to executives. The target annual cash incentive compensation in effect at any given time is referred to herein as the “Target Annual Cash Incentive Compensation.” Except as otherwise provided herein, to earn cash incentive compensation, the Executive must be employed by the Company on the day such cash incentive compensation is paid. Payment of the annual cash incentive compensation shall be made by the Company consistent with the Company’s then current compensation policy and guidelines applicable to executives. The Executive shall be entitled to participate in any other bonus plan established by the Board or the Compensation Committee for executives that is in addition to the Target Annual Cash Incentive Compensation.
Cash Incentive Compensation. During the Term, the Executive shall be eligible to receive cash incentive compensation as determined by the Compensation Committee from time to time in accordance with the Company’s executive annual incentive plan, which terms and conditions shall be communicated to the Executive prior to October 31, 2012 for the period ending December 31, 2012 and prior to April 1 after the beginning of each calendar year ending after 2012 during the Term. The Executive’s target annual cash incentive compensation shall be 80 percent of his Base Salary. The cash incentive compensation will be predicated on both objective corporate and individual measures to be mutually agreed upon between the Executive and the Compensation Committee. The amount of cash incentive compensation awarded to the Executive each year shall be reasonable in light of the contributions made by the Executive for such year in relation to the contributions made and the cash incentive compensation awarded to other senior executives of the Employers for such year. Cash incentive compensation for any year, if awarded by the Compensation Committee, shall be paid in the first 75 days after the beginning of the subsequent calendar year.
