Common use of Performance Share Plan Clause in Contracts

Performance Share Plan. Buyer acknowledges and agrees that the Company shall pay, at any time before, on or after the Closing Date, a total of $1,800,000 (the amount accrued on the December Balance Sheet for the Company's Performance Share Plan), regardless of the actual amount which would be determined under the Performance Share Plan to be payable, as follows: (i) to participants under the Performance Share Plan in the amounts determined thereunder and (ii) to any person as discretionary sales incentive bonuses in such amounts as may be determined by the Board of Directors of the Company. Any amounts payable by the Company for such purposes in excess of $1,800,000 shall be treated as Sellers Liabilities pursuant to Section 2.2(b)(i).