ARTICLE VII:
BASKETBALL RELATED INCOME, SALARY CAP, MINIMUM TEAM
SALARY, AND ESCROW ARRANGEMENT
INDEX
Section 1. Definitions
Section 2. Calculation
of Salary Cap and Minimum Team Salary
Section 3. Determination
of Salary
Section 4. Determination
of Team Salary
Section 5. Operation
of Salary Cap
Section 6. Exceptions
to the Salary Cap
Section 7. Extensions,
Renegotiations and Other Amendments
Section 8. Trade Rules
Section 9. Miscellaneous
Section 10. Accounting
Procedures
Section 11. Players
Association Audit Rights
Section 12. Escrow and
Tax Arrangement
Section
7. Extensions, Renegotiations and Other Amendments.
(a) Veteran Extensions.
No Player Contract, other than a Rookie Scale Contract,
may be extended except in accordance with the following:
(1)
(i) With respect to Contracts entered into prior
to the date of this Agreement, subject to the rules
set forth in Section 7(a)(2) below, a Player Contract
covering a term of six (6) or seven (7) Seasons
may be extended no sooner than the fourth anniversary
of the signing of the Contract, and a Player Contract
with a term of four (4) or five (5) Seasons may
be extended no sooner than the third anniversary
of the signing of the Contract.
(ii) With respect to Contracts entered into after
the date of this Agreement, subject to the rules
set forth in Section 7(a)(2) below, a Player Contract
covering a term of four (4), five (5) or six (6)
Seasons may be extended no sooner than the third
anniversary of the signing of the Contract.
(2)
(i) A Player Contract that has been extended, or
that has been renegotiated to provide for an increase
in Salary in any Salary Cap Year covered by the
Contract of more than 10%, may not subsequently
be extended until the third anniversary of such
Extension or Renegotiation.
(ii) A Team and a player shall not be permitted
to extend any Player Contract whose term has been
shortened as a result of the player’s exercise
of an Early Termination Option.
(iii) Subject to the rules set forth in this Section
7(a), a Contract may be extended following the non-exercise
of an Option by a player or Team only if:
(A) The extended term covers a minimum of two
(2) Seasons (excluding any new Option Year); and
(B) The player’s Regular Salary, Likely
Bonuses and Unlikely Bonuses in the first Salary
Cap Year covered by the extended term are no less
than the Regular Salary, Likely Bonuses and Unlikely
Bonuses, respectively, that the player would have
received for such Salary Cap Year had the Option
been exercised.
In order to effectuate an Extension of the type
described in this Section 7(a)(2)(iii), a Team
and player may amend a Contract to provide simultaneously
for the non-exercise of the Option and the Extension.
(3) Subject to Article II, Section 7, a Player Contract
extended in accordance with this Section 7(a) may,
in the first Salary Cap Year covered by the extended
term, provide for a Salary, excluding Incentive Compensation,
of up to 110.5% of the Regular Salary in the last
Salary Cap Year covered by the original term of the
Contract. In the event that the last Salary Cap Year
covered by the original term of the Contract provides
for Incentive Compensation, the first Salary Cap Year
covered by the extended term may provide for Likely
Bonuses and Unlikely Bonuses of up to 110.5% of the
Likely Bonuses and Unlikely Bonuses, respectively,
in the last Salary Cap Year covered by the original
term. Annual increases and decreases in Salary and
Unlikely Bonuses shall be governed by Section 5(c)(3)
above.
(4) Notwithstanding Section 7(a)(3) above and subject
to Article II, Section 7, any Player Contract of a
player who has played for his current Team for at
least ten (10) Seasons and whose Salary in the last
Salary Cap Year covered by the original term of the
Contract is less than the Salary in the second-to-last
Salary Cap Year covered by such Contract may, in the
first Salary Cap Year covered by an extended term,
provide for a Salary equal to 110.5% of the greater
of (1i the average of the Regular Salaries for each
Salary Cap Year covered by the original Contract beginning
with the Salary Cap Year in which such Contract was
entered into, or previously extended, as the case
may be, or (ii) the Regular Salary in the last Salary
Cap Year covered by his original Contract. In the
event that the last Salary Cap Year covered by the
original term of the Contract provides for Incentive
Compensation, the first Salary Cap Year covered by
the extended term may provide for Likely Bonuses and
Unlikely Bonuses of up to 110.5% of the Likely Bonuses
and Unlikely Bonuses, respectively, in the last Salary
Cap Year covered by the original term. Annual increases
and decreases in Salary and Unlikely Bonuses shall
be governed by Section 5(c)(3) above, except that,
for purposes of Section 7(a)(4)(ii) only, the phrase
“Regular Salary” in Section 5(c)(3) above
shall be deemed to mean the greater of (A) the average
of the Regular Salaries for each Salary Cap Year covered
by the original Contract beginning with the Salary
Cap Year in which such Contract was entered into,
or previously extended, as the case may be, or (B)
the Regular Salary in the last Salary Cap Year covered
by the original Contract.
(b) Rookie Scale Extensions.
No Rookie Scale Contract may be extended except in accordance
with the following:
(1) A First Round Pick who entered into a Rookie
Scale Contract that commenced with a Season prior
to the 2005-06 Season may enter into an Extension
of such Rookie Scale Contract during the period from
the day following the last day of the Moratorium Period
through October 31 of the Option Year provided for
in such Contract (assuming the Team exercises such
Option).
(2) A First Round Pick who enters into a Rookie Scale
Contract that commences with the 2005-06 Season or
a subsequent Season may enter into an Extension of
such Rookie Scale Contract during the period from
the day following the last day of the Moratorium Period
through October 31 of the second Option Year provided
for in such Contract (assuming the Team exercises
such Option).
(3) An Extension of a Rookie Scale Contract may provide
for Salary and Unlikely Bonuses in the first Salary
Cap Year covered by the extended term totaling no
more than the maximum amount provided for in Article
II, Section 7. Annual increases and decreases in Salary
and Unlikely Bonuses shall be governed by Section
5(c)(4) above.
(c) Renegotiations.
No Player Contract may be renegotiated except in accordance
with the following:
(1) Subject to Section 7(c)(2) and (3) below, a Player
Contract covering a term of four (4) or more Seasons
may be renegotiated no sooner than the third anniversary
of the signing of the Contract.
(2) Subject to Section 7(c)(3) below, any Player Contract
that has been renegotiated in accordance with Section
7(c)(1) above to provide for an increase in Salary
or Incentive Compensation in any Salary Cap Year covered
by the Contract of more than 8%, or extended in accordance
with Section 7(a) or (b) above, may not subsequently
be renegotiated until the third anniversary of such
Extension or Renegotiation.
(3) Assuming Section 7(c) (1) or (2) above are satisfied,
a Team with a Team Salary below the Salary Cap may
renegotiate a Player Contract in accordance with the
following rules:
(i) Subject to Article II, Section 7, the Renegotiation
may provide for additional Regular Salary, Likely
Bonuses and/or Unlikely Bonuses for the then-current
Salary Cap Year covered by the Contract (the “Renegotiation
Season”) that, in the aggregate, would not
exceed the Team’s Room at the time of the
Renegotiation.
(ii) Every category (Regular Salary, Likely Bonuses
and Unlikely Bonuses, respectively) that is increased
for the Renegotiation Season must also be increased
for each of the remaining Seasons of the Contract.
For each Season of the Contract after the Renegotiation
Season, the player’s additional Regular Salary
may increase or decrease over the previous Season’s
additional Regular Salary by no more than 10.5%
of the additional Regular Salary provided for in
the Renegotiation Season. In the event that the
Renegotiation Season provides for additional Incentive
Compensation, the amount of additional Likely Bonuses
and Unlikely Bonuses provided for in each Season
after the Renegotiation Season may increase or decrease
by up to 10.5% of the amount of additional Likely
Bonuses and Unlikely Bonuses, respectively, provided
for in the Renegotiation Season.
(iii) No Renegotiation may contain a signing bonus,
unless the Renegotiation is accompanied by an Extension
and the signing bonus would otherwise be permitted
under the rules governing the inclusion of signing
bonuses in Extensions.
(4) In no event may a Team with a Team Salary at
or above the Salary Cap renegotiate a Player Contract.
(5) In no event may a Team and a player renegotiate
a Player Contract from March 1 through June 30 of
any Salary Cap Year.
(d) Other.
(1) In no event shall a Team and player negotiate
a decrease in Salary or in any Incentive Compensation
for any Salary Cap Year covered by a Player Contract.
(2) A Player Contract that is extended pursuant to
Section 7(a) above may be renegotiated simultaneously,
but only if and to the extent permitted by the rules
set forth in Section 7(c) above.
(3) For the sole purpose of enabling an assignee Team
to acquire a Player Contract by trade, the player
and the assignor Team may agree to waive all or any
portion of a trade bonus, but only to the extent necessary
to make the trade permissible in accordance with the
rules set forth in Section 6(h) above. In the event
that, in connection with a trade, a player’s
Contract is amended in accordance with this Section
7(d)(3), such Contract may not be subsequently extended
or renegotiated until the later of (i) six (6) months
from the date of the trade, or (ii) the first date
on which the Contract could otherwise be extended
or renegotiated pursuant to this Section 7.
(4) In the event that a Team and a player agree to
amend a Player Contract in accordance with Article
II, Section 3(l), then for purposes of calculating
the player’s Salary for the then-current and
any remaining Salary Cap Year covered by the Contract,
notwithstanding any stretch or acceleration of the
player’s protected Compensation payment schedule,
the aggregate reduction in the player’s protected
Compensation shall be allocated pro rata over the
then-current and each remaining Salary Cap Year on
the basis of the remaining unearned protected Base
Compensation in each such Salary Cap Year.
(5) In no event shall a Team and player amend a Contract
for the purpose of terminating or shortening the term
of the Contract, except in accordance with the NBA
waiver procedure or Article XII, Section 2.
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