Example ContractsClausessalary and pro rata bonus paymentVariants
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Executive shall be paid an amount equal to the greater of # the Executive’s target annual incentive bonus in effect as of Executive’s Date of Termination (or, if Executive’s target annual incentive bonus has not yet been established for, or has been reduced during, the then current fiscal year, then Executive’s target annual incentive bonus in effect as of the last day of the prior fiscal year), multiplied by a fraction (the “Pro Rata Fraction”), the numerator of which is the number of days that have elapsed in the then current fiscal year through Executive’s Date of Termination and the denominator of which is 365, or # the annual incentive bonus that would be paid or payable to Executive under the Incentive Plan based upon the Company’s actual performance for such fiscal year multiplied by the Pro Rata Fraction.

the Company will pay Executive shall be paid an amount equal toa pro-rated annual bonus for the greater of #fiscal-year in which the Executive’s target annual incentive bonus in effect as of Executive’s Date of Termination (or,occurs equal to # the amount Executive would have earned, if Executive’s target annual incentive bonus has not yet been established for, or has been reduced during,any, under § 5(b)(i) for the then currentyear of termination based on actual financial performance for such fiscal year, then Executive’s target annual incentive bonus in effect as of the last day of the prior fiscal year), multiplied bytimes # a fraction (the “Pro Rata Fraction”),fraction, the numerator of which is the number of days that have elapsedfull months in the then current fiscal year through Executive’spreceding the Date of Termination and the denominator of which is 365, or # the annual incentivetwelve (12); provided that such bonus that wouldshall be paid or payableonly if the pre-established performance targets are in fact certified by the Committee to Executive underhave been met, and such bonus shall be paid in a single lump sum cash payment no later than two and one-half (2½) months after the Incentive Plan based uponend of the Company’s actual performance for such fiscal year multiplied byin which the Pro Rata Fraction. bonus is earned; provided further that if Executive terminates employment pursuant to § 7(c)(ii) upon a reduction in Executive’s Target Bonus Opportunity, such prorated bonus shall be calculated based on Executive’s Target Bonus Opportunity as in effect immediately prior to such reduction in Executive’s Target Bonus Opportunity; and

Executive shall be paid an amount equal to the greaterproduct of # the Executive’s target annual incentivecash bonus in effect as of Executive’s Date of Termination (or,the Executive would have been entitled to receive pursuant to [subparagraph 4(b)] if Executive’s target annual incentive bonus has not yet been established for, or has been reduced during, the then current fiscal year, then Executive’s target annual incentive bonus in effect asExecutive had remained employed through December 31 of the last daycalendar year in which such termination of employment occurs (as determined by the Compensation Committee but assuming that the Executive achieved all qualitative and subjective metrics of the prior fiscal year)Annual Performance Goals at their target level), multiplied by # a fraction (the “Pro Rata Fraction”),# the numerator of which is the number of days that have elapsedthe Executive remained employed during the calendar year in the then current fiscal year through Executive’s Datewhich such termination of Terminationemployment occurs and # the denominator of which is 365, or # the annual incentive bonus that would365 (the “Assumed Pro Rata Bonus”), which shall be paid or payable to Executive under the Incentive Plan based upon the Company’s actual performance for such fiscal year multiplied by the Pro Rata Fraction. Company to the Executive in a single lump sum by March 15 of the calendar year following the calendar year in which such termination of employment occurs;

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