Termination Payment

Termination Payment. Shall mean: (a) the greater of the following: (i) three (3) times the sum of the following: (x) the highest Base Compensation paid to Executive for any Employment Year by Company pursuant to Section 5.1 during the thirty-six (36) month period preceding the termination, (y) the highest annual Incentive Compensation or annual incentive cash compensation paid to Executive for any Employment Year by Company pursuant to Section 5.2 or 5.4 during the thirty-six (36) month period... preceding the termination and (z) the fair market value of any benefits and perquisites provided to Executive pursuant to Section 6 hereof (including any payments made to Executive pursuant to Section 6.13 hereof), the value of which shall be determined by a certified public accountant jointly selected by Company and Executive; or (ii) the sum of the following: (x) the aggregate Base Compensation that would have been payable to Executive pursuant to Section 5.1 if Executive's employment continued for the remaining Term of Employment, (y) the aggregate Incentive Compensation or incentive cash compensation that would be payable to Executive pursuant to Section 5.2 or 5.4, as applicable, if Executive's employment continued for the then remaining Term of Employment, and (z) the fair market value of any benefits and perquisites provided to Executive pursuant to Section 6 hereof (including any payments made to Executive pursuant to Section 6.13 hereof), the value of which shall be determined by a certified public accountant jointly selected by Company and Executive; (b) the equity grants to be granted to Executive pursuant to Section 5.5 hereof shall become immediately vested and exercisable, or if such equity grants have not then been made by the Company, Executive shall be entitled to receive the economic equivalent of such equity grants; and (c) Executive shall be entitled to receive any further benefits pursuant to the Option Agreements. View More

Termination Payment. Shall mean Five Hundred Thousand Dollars ($500,000.00) which must occur on or before March 31, 2003.

Termination Payment. Means a payment under this Agreement equal to three (3) times the Officer's Total Compensation less one dollar ($1.00).

Termination Payment. Means an amount equal to $183,796.50, payable over six (6) months in accordance with the Company's payroll practices.

Termination Payment. Shall mean the compensation due and payable by the Company to the Executive on the Termination Date, in the event that this Agreement is terminated prior to the end of the Term, in such amount as determined by the basis for such termination in accordance with Sections 7, 8 or 9 below.

Termination Payment. Shall mean the severance pay to which you are entitled upon termination of your employment within 24 months after a Change in Control as provided in Subparagraph 3(a) hereof.

Termination Payment. Shall mean the severance pay to which you are entitled upon termination of your employment within twenty-four (24) months after a Change in Control as provided in Section 4(a).

Termination Payment. Subpart (ii) of this sentence only, the "Termination Payment".

Termination Payment. Means an amount of cash equal to five times (a) aggregate Management Fees for the past five completed years of the Term as of the date of termination or such lesser number of completed years as has transpired divided by (b) five or such lesser number of completed years as has transpired; except that if this Agreement terminates in the first year of the Term, the Termination Payment shall equal five times $1,916,250, or $9,581,240.

Termination Payment. An amount equal to the greater of one percent (1%) of the equity value of the Company upon written notice to the Executive of such termination or $2,000,000.00, less any gross amounts received and/or realized by the Executive in respect of any Equity Awards that are granted to him during the Term of Employment including, without limitation, any amounts received as a result of cashing out of stock options under Section 6(i)(vi) of this Agreement.