Common use of Automatic Adjustment Clause in Contracts

Automatic Adjustment. The annual payment described in Section 3(b), the Annual Cash Bonus described in Section 3(c), and the equity awards described in Section 3(e)(i) and Section 3(e)(ii) shall be subject to automatic increase as set forth in this Section 3(f). To the extent that the Company has grown its GAAP equity capitalization including all forms of common equity, preferred equity and retained earnings, by 25% from $3,562,154,427, through the 1st day of any subsequent calendar year (commencing with the 2025 calendar year and measured as of the first day of such year and the first day of subsequent calendar years) (such 25% increase, the “New Base”), the value of such cash payments and equity awards described in Section 3(b), Section 3(c), Section 3(e)(i) and Section 3(e)(ii) which are granted in such calendar year shall be increased by 10% and shall continue to be granted at such increased levels annually. Additional 10% increases in the value of such cash payments and equity awards shall become effective upon each further increase of GAAP equity capitalization by 25%, measured from the immediately preceding New Base. In calculating GAAP equity capitalization each year, any increases or decreases in general CECL Reserves shall be excluded.

Appears in 1 contract

Sources: Annual Incentive Agreement (Arbor Realty Trust Inc)

Automatic Adjustment. The annual payment described in Section 3(b), the Annual Cash Bonus described in Section 3(c), and the equity awards described in Section 3(e)(i3(e)(ii) and Section 3(e)(ii3(e)(iii) shall be subject to automatic increase as set forth in this Section 3(f). To the extent that the Company has grown its GAAP equity capitalization including all forms of common equity, preferred equity and retained earnings, by 25% from $3,562,154,427, 1,459,058,453 through the 1st day of any subsequent calendar year (commencing with the 2025 2022 calendar year and measured as of the first day of such year and the first day of subsequent calendar years) (such 25% increase, the “New Base”), the value of such cash payments and equity awards described in Section 3(b), Section 3(c), Section 3(e)(i3(e)(ii) and Section 3(e)(ii3(e)(iii) which are granted in such calendar year shall be increased by 10% and shall continue to be granted at such increased levels annually. Additional 10% increases in the value of such cash payments and equity awards shall become effective upon each further increase of GAAP equity capitalization by 25%, measured from the immediately preceding New Base. In calculating GAAP equity capitalization each year, any increases or decreases in general CECL Reserves shall be excluded.

Appears in 1 contract

Sources: Annual Incentive Agreement (Arbor Realty Trust Inc)