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These excerpts taken from the ROST 10-Q filed Jun 10, 2009. Bonus.
During the Term of Employment, the
Executive shall be eligible to receive an annual bonus paid under the Companys
existing incentive bonus plan under which the Executive is eligible (which is
currently the Incentive Compensation Plan) or any replacement plan that may
subsequently be established and in effect during the Term of Employment. The
current target annual bonus the Executive is eligible to earn upon achievement
of 100% of all applicable performance targets under such incentive bonus plan is
Bonus. During the
Term of Employment, the Executive shall be eligible to receive an annual bonus
paid under the Companys existing incentive bonus plan under which the Executive
is eligible (which is currently the Incentive Compensation Plan) or any
replacement plan that may subsequently be established and in effect during the
Term of Employment. The current target annual bonus the Executive is eligible to
earn upon achievement of 100% of all applicable performance targets under such
incentive bonus plan is ____% of the Executives then effective annual salary
rate. The Executives death, termination for Cause or Voluntary Termination (as
described in Sections 6(a), 6(c) and 6(f), respectively) prior to the Companys
payment of the bonus for a fiscal year of the Company will cause the Executive
to be ineligible for any annual bonus for that fiscal year or any pro-rata
portion of such bonus.
(c) Bonus.
During the Term of Employment, the
Executive shall be eligible to receive an annual bonus paid under the Companys
existing incentive bonus plan under which the Executive is eligible (which is
currently the Incentive Compensation Plan) or any replacement plan that may
subsequently be established and in effect during the Term of Employment. The
current target annual bonus the Executive is eligible to earn upon achievement
of 100% of all applicable performance targets under such incentive bonus plan is
Bonus.
During the Term of Employment, the
Executive shall be eligible to receive an annual bonus paid under the Companys
existing incentive bonus plan under which the Executive is eligible (which is
currently the Incentive Compensation Plan) or any replacement plan that may
subsequently be established and in effect during the Term of Employment. The
current target annual bonus the Executive is eligible to earn upon achievement
of 100% of all applicable performance targets under such incentive bonus plan is
Bonus. During the
Term of Employment, the Executive shall be eligible to receive an annual bonus
paid under the Companys existing incentive bonus plan under which the Executive
is eligible (which is currently the Incentive Compensation Plan) or any
replacement plan that may subsequently be established and in effect during the
Term of Employment. The current target annual bonus the Executive is eligible to
earn upon achievement of 100% of all applicable performance targets under such
incentive bonus plan is Bonus. The Company shall continue
to pay to the Executive an annual bonus through the remainder of the Term of
Employment then in effect; provided, however, that the amount of the annual
bonus determined in accordance with this Section 8(a)(ii) for the fiscal year of
the Company in which such Term of Employment ends shall be prorated on the basis
of the number of days of such Term of Employment occurring within such fiscal
year. The amount of each annual bonus payable pursuant to this Section 8(a)(ii),
prior to any proration, shall be equal to the annual bonus that the Executive
would have earned had no such termination under Section 8(a) occurred,
contingent on the relevant annual bonus plan performance goals for the
respective year having been obtained. However, in no case shall any such
post-termination annual bonus exceed 100% of the Executive's target bonus for
the fiscal year of the Company in which the Executive's termination of
employment occurs. Such bonuses shall not be paid until due under the applicable
Company bonus plan.
(iii) Bonus. The Company shall continue
to pay to the Executive an annual bonus through the remainder of the Term of
Employment then in effect; provided, however, that the amount of the annual
bonus determined in accordance with this Section 8(a)(ii) for the fiscal year of
the Company in which such Term of Employment ends shall be prorated on the basis
of the number of days of such Term of Employment occurring within such fiscal
year. The amount of each annual bonus payable pursuant to this Section 8(a)(ii),
prior to any proration, shall be equal to the annual bonus that the Executive
would have earned had no such termination under Section 8(a) occurred,
contingent on the relevant annual bonus plan performance goals for the
respective year having been obtained. However, in no case shall any such
post-termination annual bonus exceed 100% of the Executive's target bonus for
the fiscal year of the Company in which the Executive's termination of
employment occurs. Such bonuses shall not be paid until due under the applicable
Company bonus plan.
(iii) Bonus. The
Company shall continue to pay to the Executive an annual bonus through the
remainder of the Term of Employment then in effect; provided, however, that the
amount of the annual bonus determined in accordance with this Section 8(a)(ii)
for the fiscal year of the Company in which such Term of Employment ends shall
be prorated on the basis of the number of days of such Term of Employment
occurring within such fiscal year. The amount of each annual bonus payable
pursuant to this Section 8(a)(ii), prior to any proration, shall be equal to the
annual bonus that the Executive would have earned had no such termination under
Section 8(a)(i) occurred, contingent on the relevant annual bonus plan
performance goals for the respective year having been obtained. However, in no
case shall any such post-termination annual bonus exceed 100% of the Executive's
target bonus for the fiscal year of the Company in which the Executive's
termination of employment occurs. Such bonuses shall not be paid until due under
the applicable Company bonus plan.
(iii) Bonus. The Company shall continue
to pay to the Executive an annual bonus through the remainder of the Term of
Employment then in effect; provided, however, that the amount of the annual
bonus determined in accordance with this Section 8(a)(ii) for the fiscal year of
the Company in which such Term of Employment ends shall be prorated on the basis
of the number of days of such Term of Employment occurring within such fiscal
year. The amount of each annual bonus payable pursuant to this Section 8(a)(ii),
prior to any proration, shall be equal to the annual bonus that the Executive
would have earned had no such termination under Section 8(a) occurred,
contingent on the relevant annual bonus plan performance goals for the
respective year having been obtained. However, in no case shall any such
post-termination annual bonus exceed 100% of the Executive's target bonus for
the fiscal year of the Company in which the Executive's termination of
employment occurs. Such bonuses shall not be paid until due under the applicable
Company bonus plan.
(iii) Bonus. The
Company shall continue to pay to the Executive an annual bonus through the
remainder of the Term of Employment then in effect; provided, however, that the
amount of the annual bonus determined in accordance with this Section 8(a)(ii)
for the fiscal year of the Company in which such Term of Employment ends shall
be prorated on the basis of the number of days of such Term of Employment
occurring within such fiscal year. The amount of each annual bonus payable
pursuant to this Section 8(a)(ii), prior to any proration, shall be equal to the
annual bonus that the Executive would have earned had no such termination under
Section 8(a) occurred, contingent on the relevant annual bonus plan performance
goals for the respective year having been obtained. However, in no case shall
any such post-termination annual bonus exceed 100% of the Executive's target
bonus for the fiscal year of the Company in which the Executive's termination of
employment occurs. Such bonuses shall not be paid until due under the applicable
Company bonus plan.
(iii) Bonus. The Company shall pay the
Executive an annual bonus for the fiscal year of the Company in which the date
of the Executives termination of employment occurs, which shall be prorated for
the portion of such fiscal year that the Executive is employed by the Company.
The amount of such annual bonus, prior to proration, shall be equal to the
annual bonus that the Executive would have earned under the Companys bonus plan
for the fiscal year of the Company in which the Executives termination of
employment occurs had the Executive remained in its employment, contingent on
the relevant annual bonus plan performance goals for the year in which Executive
terminates having been obtained. However, in no case shall any such
post-termination annual bonus exceed 100% of the Executive's target bonus for
the fiscal year of the Company in which the Executive's termination of
employment occurs. Such bonus shall not be paid until due under the applicable
Company bonus plan.
(ii) Bonus. The Company shall pay the
Executive an annual bonus for the fiscal year of the Company in which the date
of the Executives termination of employment occurs, which shall be prorated for
the portion of such fiscal year that the Executive is employed by the Company.
The amount of such annual bonus, prior to proration, shall be equal to the
annual bonus that the Executive would have earned under the Companys bonus plan
for the fiscal year of the Company in which the Executives termination of
employment occurs had the Executive remained in its employment, contingent on
the relevant annual bonus plan performance goals for the year in which Executive
terminates having been obtained. However, in no case shall any such
post-termination annual bonus exceed 100% of the Executive's target bonus for
the fiscal year of the Company in which the Executive's termination of
employment occurs. Such bonus shall not be paid until due under the applicable
Company bonus plan.
(ii) Bonus. The Company shall pay the
Executive an annual bonus for the fiscal year of the Company in which the date
of the Executives termination of employment occurs, which shall be prorated for
the portion of such fiscal year that the Executive is employed by the Company.
The amount of such annual bonus, prior to proration, shall be equal to the
annual bonus that the Executive would have earned under the Companys bonus plan
for the fiscal year of the Company in which the Executives termination of
employment occurs had the Executive remained in its employment, contingent on
the relevant annual bonus plan performance goals for the year in which Executive
terminates having been obtained. However, in no case shall any such
post-termination annual bonus exceed 100% of the Executive's target bonus for
the fiscal year of the Company in which the Executive's termination of
employment occurs. Such bonus shall not be paid until due under the applicable
Company bonus plan.
(ii) Bonus. The
Company shall pay the Executive an annual bonus for the fiscal year of the
Company in which the date of the Executives termination of employment occurs,
which shall be prorated for the portion of such fiscal year that the Executive
is employed by the Company. The amount of such annual bonus, prior to proration,
shall be equal to the annual bonus that the Executive would have earned under
the Companys bonus plan for the fiscal year of the Company in which the
Executives termination of employment occurs had the Executive remained in its
employment, contingent on the relevant annual bonus plan performance goals for
the year in which Executive terminates having been obtained. However, in no case
shall any such post-termination annual bonus exceed 100% of the Executive's
target bonus for the fiscal year of the Company in which the Executive's
termination of employment occurs. Such bonus shall not be paid until due under
the applicable Company bonus plan.
(ii) Bonus. The
Company shall pay the Executive an annual bonus for the fiscal year of the
Company in which the date of the Executives termination of employment occurs,
which shall be prorated for the portion of such fiscal year that the Executive
is employed by the Company. The amount of such annual bonus, prior to proration,
shall be equal to the annual bonus that the Executive would have earned under
the Companys bonus plan for the fiscal year of the Company in which the
Executives termination of employment occurs had the Executive remained in its
employment, contingent on the relevant annual bonus plan performance goals for
the year in which Executive terminates having been obtained. However, in no case
shall any such post-termination annual bonus exceed 100% of the Executive's
target bonus for the fiscal year of the Company in which the Executive's
termination of employment occurs. Such bonus shall not be paid until due under
the applicable Company bonus plan.
(ii) Bonus. The annual bonus that
shall be payable to the Executive under this Section 8(d)(i)(2)(b) shall be paid
for the greater of (i) the remainder of the Term of Employment then in effect or
(ii) a period of two (2) years commencing on the date of the Executives
termination of employment; provided, however, that the amount of the annual
bonus determined in accordance with this Section 8(d)(i)(2)(b) for the fiscal
year of the Company in which such Term of Employment or two-year period, as the
case may be, ends shall be prorated on the basis of the number of days of such
Term of Employment or two-year period occurring within such fiscal year. The
amount of each annual bonus payable pursuant to this Section 8(d)(i)(2(b) prior
to any proration, shall be equal to the greater of (A) the annual bonus earned
by the Executive for the most recent fiscal year of the Company ending prior to
the date of the Executives termination of employment or (B) 100% of the
Executives target bonus for the fiscal year of the Company in which the
Executives termination of employment occurs.
c. Bonus. The annual bonus that
shall be payable to the Executive under this Section 8(d)(i)(2)(b) shall be paid
for the greater of (i) the remainder of the Term of Employment then in effect or
(ii) a period of two (2) years commencing on the date of the Executives
termination of employment; provided, however, that the amount of the annual
bonus determined in accordance with this Section 8(d)(i)(2)(b) for the fiscal
year of the Company in which such Term of Employment or two-year period, as the
case may be, ends shall be prorated on the basis of the number of days of such
Term of Employment or two-year period occurring within such fiscal year. The
amount of each annual bonus payable pursuant to this Section 8(d)(i)(2(b) prior
to any proration, shall be equal to the greater of (A) the annual bonus earned
by the Executive for the most recent fiscal year of the Company ending prior to
the date of the Executives termination of employment or (B) 100% of the
Executives target bonus for the fiscal year of the Company in which the
Executives termination of employment occurs.
c. Bonus. The annual bonus that
shall be payable to the Executive under this Section 8(d)(i)(2)(b) shall be paid
for the greater of (i) the remainder of the Term of Employment then in effect or
(ii) a period of two (2) years commencing on the date of the Executives
termination of employment; provided, however, that the amount of the annual
bonus determined in accordance with this Section 8(d)(i)(2)(b) for the fiscal
year of the Company in which such Term of Employment or two-year period, as the
case may be, ends shall be prorated on the basis of the number of days of such
Term of Employment or two-year period occurring within such fiscal year. The
amount of each annual bonus payable pursuant to this Section 8(d)(i)(2(b) prior
to any proration, shall be equal to the greater of (A) the annual bonus earned
by the Executive for the most recent fiscal year of the Company ending prior to
the date of the Executives termination of employment or (B) 100% of the
Executives target bonus for the fiscal year of the Company in which the
Executives termination of employment occurs.
c. Bonus. The annual
bonus that shall be payable to the Executive under this Section 8(d)(i)(2)(b)
shall be paid for the greater of (i) the remainder of the Term of Employment
then in effect or (ii) a period of two (2) years commencing on the date of the
Executives termination of employment; provided, however, that the amount of the
annual bonus determined in accordance with this Section 8(d)(i)(2)(b) for the
fiscal year of the Company in which such Term of Employment or two-year period,
as the case may be, ends shall be prorated on the basis of the number of days of
such Term of Employment or two-year period occurring within such fiscal year.
The amount of each annual bonus payable pursuant to this Section 8(d)(i)(2(b)
prior to any proration, shall be equal to the greater of (A) the annual bonus
earned by the Executive for the most recent fiscal year of the Company ending
prior to the date of the Executives termination of employment or (B) 100% of
the Executives target bonus for the fiscal year of the Company in which the
Executives termination of employment occurs.
c. Bonus. The annual
bonus that shall be payable to the Executive under this Section 8(d)(i)(2)(b)
shall be paid for the greater of (i) the remainder of the Term of Employment
then in effect or (ii) a period of two (2) years commencing on the date of the
Executives termination of employment; provided, however, that the amount of the
annual bonus determined in accordance with this Section 8(d)(i)(2)(b) for the
fiscal year of the Company in which such Term of Employment or two-year period,
as the case may be, ends shall be prorated on the basis of the number of days of
such Term of Employment or two-year period occurring within such fiscal year.
The amount of each annual bonus payable pursuant to this Section 8(d)(i)(2(b)
prior to any proration, shall be equal to the greater of (A) the annual bonus
earned by the Executive for the most recent fiscal year of the Company ending
prior to the date of the Executives termination of employment or (B) 100% of
the Executives target bonus for the fiscal year of the Company in which the
Executives termination of employment occurs.
c. These excerpts taken from the ROST 10-K filed Mar 31, 2009. Bonus. During the
Term of Employment, the Executive shall be eligible to receive an annual bonus
paid under the Companys existing incentive bonus plan under which the Executive
is eligible (which is currently the Incentive Compensation Plan) or any
replacement plan that may subsequently be established and in effect during the
Term of Employment. The current target annual bonus the Executive is eligible to
earn upon achievement of 100% of all applicable performance targets under such
incentive bonus plan is ____% of the Executives then effective annual salary
rate. The Executives death, termination for Cause or Voluntary Termination (as
described in Sections 6(a), 6(c) and 6(f), respectively) prior to the Companys
payment of the bonus for a fiscal year of the Company will cause the Executive
to be ineligible for any annual bonus for that fiscal year or any pro-rata
portion of such bonus.
(c) Bonus. During the Term of
Employment, the Executive shall be eligible to receive an annual bonus paid
under the Companys existing incentive bonus plan under which the Executive is
eligible (which is currently the Incentive Compensation Plan) or any replacement
plan that may subsequently be established and in effect during the Term of
Employment. The current target annual bonus the Executive is eligible to earn
upon achievement of 100% of all applicable performance targets under such
incentive bonus plan is Bonus. The Company shall continue to
pay to the Executive an annual bonus through the remainder of the Term of
Employment then in effect; provided, however, that the amount of the annual
bonus determined in accordance with this Section 8(a)(ii) for the fiscal year of
the Company in which such Term of Employment ends shall be prorated on the basis
of the number of days of such Term of Employment occurring within such fiscal
year. The amount of each annual bonus payable pursuant to this Section 8(a)(ii),
prior to any proration, shall be equal to the greater of (A) the annual bonus
earned by the Executive for the most recent fiscal year of the Company ending
prior to the date of the Executives termination of employment or (B) the annual
bonus that the Executive would have earned under the Companys bonus plan for
the fiscal year of the Company in which the Executives termination of
employment occurs had the Executive remained in its employment. However, in no
case shall any such post-termination annual bonus exceed the lesser of 100% of
the Executive's target bonus for the most recent fiscal year of the Company
ending prior to the date of the Executive's termination of employment or 100% of
the Executive's target bonus for the fiscal year of the Company in which the
Executive's termination of employment occurs. Such bonuses shall not be paid
until due under the applicable Company bonus plan.
(iii) Bonus. The Company shall
continue to pay to the Executive an annual bonus through the remainder of the
Term of Employment then in effect; provided, however, that the amount of the
annual bonus determined in accordance with this Section 8(a)(ii) for the fiscal
year of the Company in which such Term of Employment ends shall be prorated on
the basis of the number of days of such Term of Employment occurring within such
fiscal year. The amount of each annual bonus payable pursuant to this Section
8(a)(ii), prior to any proration, shall be equal to the greater of (A) the
annual bonus earned by the Executive for the most recent fiscal year of the
Company ending prior to the date of the Executives termination of employment or
(B) the annual bonus that the Executive would have earned under the Companys
bonus plan for the fiscal year of the Company in which the Executives
termination of employment occurs had the Executive remained in its employment.
However, in no case shall any such post-termination annual bonus exceed the
lesser of 100% of the Executive's target bonus for the most recent fiscal year
of the Company ending prior to the date of the Executive's termination of
employment or 100% of the Executive's target bonus for the fiscal year of the
Company in which the Executive's termination of employment occurs. Such bonuses
shall not be paid until due under the applicable Company bonus plan.
(iii) Bonus. The Company shall pay the
Executive an annual bonus for the fiscal year of the Company in which the date
of the Executives termination of employment occurs, which shall be prorated for
the portion of such fiscal year that the Executive is employed by the Company.
The amount of such annual bonus, prior to proration, shall be equal to the
greater of (A) the annual bonus earned by the Executive for the most recent
fiscal year of the Company ending prior to the date of the Executives
termination of employment or (B) the annual bonus that the Executive would have
earned under the Companys bonus plan for the fiscal year of the Company in
which the Executives termination of employment occurs had the Executive
remained in its employment. However, in no case shall any such post-termination
annual bonus exceed the lesser of 100% of the Executive's target bonus for the
most recent fiscal year of the Company ending prior to the date of the
Executive's termination of employment or 100% of the Executive's target bonus
for the fiscal year of the Company in which the Executive's termination of
employment occurs. Such bonus shall not be paid until due under the applicable
Company bonus plan.
9 (ii) Bonus. The Company shall
pay the Executive an annual bonus for the fiscal year of the Company in which
the date of the Executives termination of employment occurs, which shall be
prorated for the portion of such fiscal year that the Executive is employed by
the Company. The amount of such annual bonus, prior to proration, shall be equal
to the greater of (A) the annual bonus earned by the Executive for the most
recent fiscal year of the Company ending prior to the date of the Executives
termination of employment or (B) the annual bonus that the Executive would have
earned under the Companys bonus plan for the fiscal year of the Company in
which the Executives termination of employment occurs had the Executive
remained in its employment. However, in no case shall any such post-termination
annual bonus exceed the lesser of 100% of the Executive's target bonus for the
most recent fiscal year of the Company ending prior to the date of the
Executive's termination of employment or 100% of the Executive's target bonus
for the fiscal year of the Company in which the Executive's termination of
employment occurs. Such bonus shall not be paid until due under the applicable
Company bonus plan.
(ii) Bonus. The annual bonus that shall be
payable to the Executive under Section 8(a)(ii) shall be paid for the greater of
(i) the remainder of the Term of Employment then in effect or (ii) a period of
two (2) years commencing on the date of the Executives termination of
employment; provided, however, that the amount of the annual bonus determined in
accordance with Section 8(a)(ii) for the fiscal year of the Company in which
such Term of Employment or two-year period, as the case may be, ends shall be
prorated on the basis of the number of days of such Term of Employment or
two-year period occurring within such fiscal year.
c. Bonus. The annual bonus
that shall be payable to the Executive under Section 8(a)(ii) shall be paid for
the greater of (i) the remainder of the Term of Employment then in effect or
(ii) a period of two (2) years commencing on the date of the Executives
termination of employment; provided, however, that the amount of the annual
bonus determined in accordance with Section 8(a)(ii) for the fiscal year of the
Company in which such Term of Employment or two-year period, as the case may be,
ends shall be prorated on the basis of the number of days of such Term of
Employment or two-year period occurring within such fiscal year.
c. Bonus. During the Term of Employment, the Executive shall be eligible to receive an annual bonus paid under the Companys existing incentive bonus plan under which the Executive is eligible (which is currently the Incentive Compensation Plan) or any replacement plan that may subsequently be established and in effect during the Term of Employment. The current target annual bonus the Executive is eligible to earn upon achievement of 100% of all applicable performance targets under such incentive bonus plan is ____% of the Executives then effective annual salary rate. The Executives death, termination for Cause or Voluntary Termination (as described in Sections 6(a), 6(c) and 6(f), respectively) prior to the Companys payment of the bonus for a fiscal year of the Company will cause the Executive to be ineligible for any annual bonus for that fiscal year or any pro-rata portion of such bonus. (c) Bonus. The Company shall continue to pay to the Executive an annual bonus through the remainder of the Term of Employment then in effect; provided, however, that the amount of the annual bonus determined in accordance with this Section 8(a)(ii) for the fiscal year of the Company in which such Term of Employment ends shall be prorated on the basis of the number of days of such Term of Employment occurring within such fiscal year. The amount of each annual bonus payable pursuant to this Section 8(a)(ii), prior to any proration, shall be equal to the greater of (A) the annual bonus earned by the Executive for the most recent fiscal year of the Company ending prior to the date of the Executives termination of employment or (B) the annual bonus that the Executive would have earned under the Companys bonus plan for the fiscal year of the Company in which the Executives termination of employment occurs had the Executive remained in its employment. However, in no case shall any such post-termination annual bonus exceed the lesser of 100% of the Executive's target bonus for the most recent fiscal year of the Company ending prior to the date of the Executive's termination of employment or 100% of the Executive's target bonus for the fiscal year of the Company in which the Executive's termination of employment occurs. Such bonuses shall not be paid until due under the applicable Company bonus plan. (iii) Bonus. The Company shall pay the Executive an annual bonus for the fiscal year of the Company in which the date of the Executives termination of employment occurs, which shall be prorated for the portion of such fiscal year that the Executive is employed by the Company. The amount of such annual bonus, prior to proration, shall be equal to the greater of (A) the annual bonus earned by the Executive for the most recent fiscal year of the Company ending prior to the date of the Executives termination of employment or (B) the annual bonus that the Executive would have earned under the Companys bonus plan for the fiscal year of the Company in which the Executives termination of employment occurs had the Executive remained in its employment. However, in no case shall any such post-termination annual bonus exceed the lesser of 100% of the Executive's target bonus for the most recent fiscal year of the Company ending prior to the date of the Executive's termination of employment or 100% of the Executive's target bonus for the fiscal year of the Company in which the Executive's termination of employment occurs. Such bonus shall not be paid until due under the applicable Company bonus plan. 9 | |||||||||||||
(ii) Bonus. The annual bonus that shall be payable to the Executive under Section 8(a)(ii) shall be paid for the greater of (i) the remainder of the Term of Employment then in effect or (ii) a period of two (2) years commencing on the date of the Executives termination of employment; provided, however, that the amount of the annual bonus determined in accordance with Section 8(a)(ii) for the fiscal year of the Company in which such Term of Employment or two-year period, as the case may be, ends shall be prorated on the basis of the number of days of such Term of Employment or two-year period occurring within such fiscal year. c. Bonus. During the Term of Employment, the Executive shall be eligible to receive an annual bonus paid under the Companys existing incentive bonus plan under which the Executive is eligible (which is currently the Incentive Compensation Plan) or any replacement plan that may subsequently be established and in effect during the Term of Employment. The current target annual bonus the Executive is eligible to earn upon achievement of 100% of all applicable performance targets under such incentive bonus plan is Bonus. The Company shall continue to pay to the Executive an annual bonus through the remainder of the Term of Employment then in effect; provided, however, that the amount of the annual bonus determined in accordance with this Section 8(a)(ii) for the fiscal year of the Company in which such Term of Employment ends shall be prorated on the basis of the number of days of such Term of Employment occurring within such fiscal year. The amount of each annual bonus payable pursuant to this Section 8(a)(ii), prior to any proration, shall be equal to the greater of (A) the annual bonus earned by the Executive for the most recent fiscal year of the Company ending prior to the date of the Executives termination of employment or (B) the annual bonus that the Executive would have earned under the Companys bonus plan for the fiscal year of the Company in which the Executives termination of employment occurs had the Executive remained in its employment. However, in no case shall any such post-termination annual bonus exceed the lesser of 100% of the Executive's target bonus for the most recent fiscal year of the Company ending prior to the date of the Executive's termination of employment or 100% of the Executive's target bonus for the fiscal year of the Company in which the Executive's termination of employment occurs. Such bonuses shall not be paid until due under the applicable Company bonus plan. (iii) Bonus. The Company shall pay the Executive an annual bonus for the fiscal year of the Company in which the date of the Executives termination of employment occurs, which shall be prorated for the portion of such fiscal year that the Executive is employed by the Company. The amount of such annual bonus, prior to proration, shall be equal to the greater of (A) the annual bonus earned by the Executive for the most recent fiscal year of the Company ending prior to the date of the Executives termination of employment or (B) the annual bonus that the Executive would have earned under the Companys bonus plan for the fiscal year of the Company in which the Executives termination of employment occurs had the Executive remained in its employment. However, in no case shall any such post-termination annual bonus exceed the lesser of 100% of the Executive's target bonus for the most recent fiscal year of the Company ending prior to the date of the Executive's termination of employment or 100% of the Executive's target bonus for the fiscal year of the Company in which the Executive's termination of employment occurs. Such bonus shall not be paid until due under the applicable Company bonus plan. (ii) Bonus. The annual bonus that shall be payable to the Executive under Section 8(a)(ii) shall be paid for the greater of (i) the remainder of the Term of Employment then in effect or (ii) a period of two (2) years commencing on the date of the Executives termination of employment; provided, however, that the amount of the annual bonus determined in accordance with Section 8(a)(ii) for the fiscal year of the Company in which such Term of Employment or two-year period, as the case may be, ends shall be prorated on the basis of the number of days of such Term of Employment or two-year period occurring within such fiscal year. c. This excerpt taken from the ROST 10-Q filed Dec 12, 2007. Bonus.
During the Term of Employment, the Executive shall
be eligible to receive an annual bonus paid under the Companys existing
incentive bonus plan under which the Executive is eligible (which is currently
the Incentive Compensation Plan) or any replacement plan that may subsequently
be established and in effect during the Term of Employment. The current target
annual bonus the Executive is eligible to earn upon achievement of 100% of all
applicable performance targets under such incentive bonus plan is
These excerpts taken from the ROST 10-Q filed Jun 13, 2007. Bonus. The annual bonus that shall be payable to the Executive under Section 8(a)(ii) shall be paid for the greater of (i) the remainder of the Term of Employment then in effect or (ii) a period of two (2) years commencing on the date of the Executive's termination of employment; provided, however, that the amount of the annual bonus determined in accordance with Section 8(a)(ii) for the fiscal year of the Company in which such Term of Employment or two-year period, as the case may be, ends shall be prorated on the basis of the number of days of such Term of Employment or two-year period occurring within such fiscal year.
c. Bonus. The bonus that shall be payable to the Executive under Section 8(a) shall be paid for each fiscal year of the Company ending within a period of not less than two (2) years commencing on the date of the Executives termination of employment.
c. Bonus. The annual bonus that shall be payable to the Executive under Section 8(a)(ii) shall be paid for the greater of (i) the remainder of the Term of Employment then in effect or (ii) a period of two (2) years commencing on the date of the Executives termination of employment; provided, however, that the amount of the annual bonus determined in accordance with Section 8(a)(ii) for the fiscal year of the Company in which such Term of Employment or two-year period, as the case may be, ends shall be prorated on the basis of the number of days of such Term of Employment or two-year period occurring within such fiscal year.
c. Bonus. The annual bonus that shall be payable to the Executive under Section 8(a)(ii) shall be paid for the greater of (i) the remainder of the Term of Employment then in effect or (ii) a period of two (2) years commencing on the date of the Executives termination of employment; provided, however, that the amount of the annual bonus determined in accordance with Section 8(a)(ii) for the fiscal year of the Company in which such Term of Employment or two-year period, as the case may be, ends shall be prorated on the basis of the number of days of such Term of Employment or two-year period occurring within such fiscal year.
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