to the extent that any Equity Awards are Performance Awards that were forfeited upon or following the Executive’s Pre CIC Termination, but prior to the Change in Control, the Executive shall receive a cash payment in respect of such forfeited Performance Awards equal to:

to the extent that any Equity Awards are Time Awards that were forfeited upon or following the Executive’s Pre CIC Termination, but prior to the Change in Control, the Executive shall receive a cash payment in respect of such forfeited Time Awards equal to the product of # the volume weighted average price per share of the Company’s common stock over the 20 trading days immediately preceding the Executive’s date of termination (“20 Day VWAP”) and # the number of restricted stock units subject to the Time Award that were forfeited upon such Pre CIC Termination, payable at the same time that the forfeited Time Awards would have been settled pursuant to the terms of the applicable award agreement if the Executive had not experienced a termination of employment;