Amount shall be determined on an individual quarter by quarter basis and the calculation of
Adjusted EBITDA shall be made without giving effect to the award or payment of Performance Based
Cash Awards hereunder.
B. Following the end of each quarter, the Committee shall grant Performance-Based Cash Awards
in an aggregate amount to be determined by it, but not to exceed the amount set forth in II.A.
above, and shall allocate and award such Performance-Based Cash Awards to the Chief Executive
Officer and other executive officers, officers and senior management based on the Committees
determination of the relative contribution of each such person. The Committee shall have sole
discretion in determining the individuals to whom Performance-Based Cash Awards are to be granted
and the amounts thereof. The Chief Executive Officer shall not be present for the Committees
deliberations concerning any Performance-Based Cash Award to be awarded to him, but he shall be
present and shall advise the Committee regarding the Performance-Based Cash Awards to be awarded to
the other executive officers, officers and senior management.
C. Performance-Based Cash Awards shall be paid as soon as practicable following the
Committees determination and designation thereof. Each recipient of a Performance-Based Cash Award
shall be responsible for the payment of all federal and state income taxes arising upon his or her
receipt thereof.
D. The Committee reserve the right to modify this Bonus Plan and performance goal at any time,
and the adoption of this Bonus Plan does not limit the ability of the Committee to award other
Awards under the Plan nor does it restrict the ability of the Company to pay or provide for the
payment of any compensation to any person.
E. Any Performance Based Cash Award paid hereunder shall be subject to recoupment by the
Company to the extent, and in the amount, required by applicable law.
IN WITNESS WHEREOF, the undersigned, being all the members of the Committee, have adopted and
authorized the foregoing as of the 27th day of April, 2011.
| |
|
|
|
|
| |
|
|
| |
|
|
| |
James Reilly |
|
| |
|
|
| |
|
|
| |
Timothy Murray |
|
| |
|
|
| |
2