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Executive Retention Bonus Agreement
1. Parties: Identification of the company and the executive, including their full legal names, addresses, and registration numbers where applicable
2. Background: Context of the agreement, including the executive's role and the company's desire to retain their services
3. Definitions: Key terms used throughout the agreement, including 'Retention Period', 'Retention Bonus', 'Cause', and 'Good Leaver/Bad Leaver' definitions
4. Retention Period: Specification of the duration during which the executive must remain employed to earn the bonus
5. Retention Bonus Amount: Details of the bonus amount, including any installments or calculation methods
6. Payment Terms: Timing and conditions of bonus payments, including any pro-ration provisions
7. Conditions for Payment: Performance requirements, if any, and other conditions that must be met to receive the bonus
8. Termination Provisions: Impact of various termination scenarios on bonus eligibility
9. Tax Treatment: Tax implications and responsibilities regarding the bonus payment
10. Confidentiality: Obligations regarding non-disclosure of agreement terms
11. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction for disputes
12. Entire Agreement: Standard integration clause confirming this document represents the complete agreement
1. Clawback Provisions: Terms for recovering bonus payments in specific circumstances, typically included for senior executives or regulated industries
2. Non-Competition: Post-employment restrictions, if permitted under Danish law and appropriate for the role
3. Additional Benefits: Any supplementary benefits or considerations tied to the retention period
4. Change of Control: Impact of company ownership changes on the bonus agreement, relevant for publicly traded or acquisition-target companies
5. Insurance and Benefits Continuation: Details of any insurance or benefit continuation arrangements during the retention period
6. Alternative Dispute Resolution: Mediation or arbitration provisions if preferred over court jurisdiction
7. Currency and Exchange Rate: Relevant for international executives or if bonus is denominated in non-Danish currency
1. Bonus Calculation Schedule: Detailed methodology for calculating the retention bonus, including any performance metrics or adjustments
2. Payment Schedule: Timeline of installment payments if the bonus is paid in multiple tranches
3. Performance Criteria: If applicable, specific metrics or targets that affect bonus payment
4. Tax Treatment Examples: Illustrative examples of tax calculations and implications
5. Position Description: Detailed outline of the executive's role and responsibilities during the retention period
Authors
Company
Executive
Retention Bonus
Retention Period
Effective Date
Payment Date
Qualifying Event
Cause
Good Leaver
Bad Leaver
Change of Control
Confidential Information
Group Company
Parent Company
Subsidiary
Board of Directors
Employment Agreement
Notice Period
Performance Criteria
Bonus Payment Schedule
Material Breach
Permanent Disability
Retirement Age
Target Bonus Amount
Vesting Date
Working Day
Gross Misconduct
Competitive Business
Annual Base Salary
Termination Date
Definitions
Retention Bonus Amount
Payment Terms
Retention Period
Performance Requirements
Conditions Precedent
Payment Mechanics
Tax Obligations
Termination Rights
Good Leaver/Bad Leaver Provisions
Clawback Rights
Confidentiality
Non-Competition
Non-Solicitation
Change of Control
Force Majeure
Assignment and Transfer
Severability
Amendments
Notices
Data Protection
Governing Law
Jurisdiction
Entire Agreement
Counterparts
Third Party Rights
Waiver
Time of Essence
Costs
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