This excerpt taken from the ATVI 8-K filed Nov 5, 2008.
Special performance and transaction bonuses
In connection with this transaction, certain executives of Vivendi Games will receive a transaction bonus payable within 30 days of the closing. If the transaction does not close by December 31, 2008, 50% of the transaction bonus will be paid.
In addition and pursuant to the agreement signed on December 2, 2007, Vivendi Games has implemented a special performance bonus (SPB) plan for certain executives and employees based on the accomplishment of certain objectives associated with the contemplated combination with Activision. Such bonus will be paid in December 2008 or on the one year anniversary of the closing date, whichever is the later. If the closing does not occur before December 31, 2008, 50% of the bonus will be paid.
The maximum aggregate amount of undiscounted future liabilities resulting from these bonus plans is $15.2 million, of which 50% would be paid regardless of whether the transaction closes.