Common use of Limitations and Qualifications Clause in Contracts

Limitations and Qualifications. Notwithstanding any provision of this Section 9 to the contrary, the following limitations and qualifications shall apply to Incentive Bonuses and Partial Incentive Bonuses: (i) Upon the occurrence of a Change of Control, the Employee shall have no right to an Incentive Bonus for any subsequent Change of Control transaction or to a Partial Incentive Bonus for any subsequent Ten Percent Or Greater Acquisition. (ii) If, on or before December 31, 2000, there shall occur more than one Ten Percent Or Greater Acquisition prior to a Change of Control, the Employee shall be entitled to a Partial Incentive Bonus payment for each such Ten Percent Or Greater Acquisition; provided, however, that the aggregate amount of such Partial Incentive Bonus payments shall not exceed an amount equal to the Incentive Bonus that would have been payable if the Ten Percent Or Greater Acquisition having the highest Enterprise Value had been a Change of Control transaction. (iii) If a Change of Control shall occur on or before December 31, 2000 but after one or more Ten Percent Or Greater Acquisitions, the Incentive Bonus payment payable to the Employee pursuant to Section 9.1 hereof in connection with such Change of Control shall be reduced, but not below zero, by any Partial Incentive Bonus payments payable to the Employee pursuant to this Section 9.

Limitations and Qualifications. Notwithstanding any provision of this Section 9 to the contrary, the following limitations and qualifications shall apply to Incentive Bonuses and Partial Incentive Bonuses: (i) Upon the occurrence of a Change of Control, the Employee shall have no right to an Incentive Bonus for any subsequent Change of Control transaction or to a Partial Incentive Bonus for any subsequent Ten Percent Or Greater Acquisition. (ii) If, on or before December 31, 2000, there shall occur more than one Ten Percent Or Greater Acquisition prior to a Change of Control, the Employee shall be entitled to a Partial Incentive Bonus payment for each such Ten Percent Or Greater Acquisition; providedPROVIDED, howeverHOWEVER, that the aggregate amount of such Partial Incentive Bonus payments shall not exceed an amount equal to the Incentive Bonus that would have been payable if the Ten Percent Or Greater Acquisition having the highest Enterprise Value had been a Change of Control transaction. (iii) If a Change of Control shall occur on or before December 31, 2000 but after one or more Ten Percent Or Greater Acquisitions, the Incentive Bonus payment payable to the Employee pursuant to Section 9.1 hereof in connection with such Change of Control shall be reduced, but not below zero, by any Partial Incentive Bonus payments payable to the Employee pursuant to this Section 9.