Level of Performance Criteria Attained Sample Clauses

Level of Performance Criteria Attained. As soon as practicable following completion of the Performance Period but in any event no later than the Vesting Date, the Committee shall determine and certify in writing (a) the level of attainment of the Performance Criteria during the Performance Period, (b) the resulting Revenue Growth Factor for the Performance Period and (c) the number of Units which have become Eligible Units for the Performance Period. In the case of Units that are intended to constitute Qualified Performance-Based Compensation, the Committee may not increase the number of Units that may become Eligible Units to a number that is greater than the number of Eligible Units determined in accordance with the foregoing sentence, but it retains the sole discretion to reduce the number of Units that would otherwise become Eligible Units based on the attainment level of the Performance Criteria. For Units that are not intended to constitute Qualified Performance-Based Compensation, the Committee may make such adjustment to the Performance Criteria as the Committee in its sole discretion deems appropriate.
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Level of Performance Criteria Attained. On or before the Vesting Date following completion of the Performance Period, the Committee shall determine and certify in writing (a) for each Measurement Period (i) the level of attainment of the Performance Criteria during such Measurement Period, (ii) the resulting Relative Return Factor for such Measurement Period and (iii) the number of Units which have become Earned Units for such Measurement Period, and (b) the total number of Units which have become Earned Units for the entire Performance Period. In the case of Units that are intended to constitute Qualified Performance-Based Compensation, the Committee may not increase the number of Units that may be eligible to become Earned Units to a number that is greater than the number of Earned Units determined in accordance with the foregoing sentence, but it retains the sole discretion to reduce the number of Units that would otherwise be eligible to become Earned Units based on the attainment level of the Performance Criteria. For Units that are intended to constitute Qualified Performance-Based Compensation, the Performance Criteria may not be adjusted except as specified in Appendix B in accordance with the requirements of Section 162(m) of the Code. For Units that are not intended to constitute Qualified Performance-Based Compensation, the Committee may make such adjustment to the Performance Criteria as the Committee in its sole discretion deems appropriate.
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Level of Performance Criteria Attained. On or before the Vesting Date following completion of the Performance Period, the Committee shall certify in writing the level of attainment of the Performance Criteria during the Performance Period, the resulting Relative Return Factor and the number of Units which have become Earned Units.
Sample 1
Level of Performance Criteria Attained. As soon as practicable following completion of the Performance Period but in any event no later than the Vesting Date, the Committee shall determine (a) the level of attainment of the Performance Criteria during the Performance Period, (b) the resulting Combined Performance Multiplier for the Performance Period and (c) the number of Units which have become Earned Units for the Performance Period. The Committee may make such adjustments to the Performance Criteria as the Committee in its sole discretion deems appropriate.
Sample 1
Level of Performance Criteria Attained. On or before the Vesting Date following completion of the Performance Period, the Committee shall determine and certify in writing for the Performance Period (i) the level of attainment of the Performance Criteria during such Performance Period, (ii) the resulting Relative Return Factor for such Performance Period and (iii) the number of Units which have become Earned Units for such Performance Period, and (b) the total number of Units which have become Earned Units for the entire Performance Period. Except as set forth herein, the Committee may not increase the number of Units that may be eligible to become Earned Units to a number that is greater than the number of Earned Units determined in accordance with the foregoing sentence. The Committee retains the sole discretion to reduce the number of Units that would otherwise be eligible to become Earned Units based on the attainment level of the Performance Criteria.
Sample 1
Level of Performance Criteria Attained. Following the end of the Performance Period and the collection of relevant data necessary to determine the extent to which the performance goal set forth in this Paragraph 11 has been satisfied, the Administrator will determine: (a) the extent to which the performance goal was achieved by the Company for the Performance Period; and (b) the number of Earned Units under this agreement. The Administrator shall make these determinations in its sole discretion. The number and kind of shares subject to or issued under the Performance Unit Award shall be subject to adjustment as provided for in Section 12(d) of the Plan. For the avoidance of doubt, the right to receive up to 1.50 times the Target Number of Performance Units shall expire without consideration to the extent that such units do not become Earned Units. On or before the Vesting Date following completion of the Performance Period, the Committee shall certify in writing the level of attainment of the Performance Criteria during the Performance Period, the resulting Relative Return Factor and the number of Target Units which have become Earned Units.
Sample 1

Related to Level of Performance Criteria Attained

  • Performance Measure The number of Performance Shares earned at the end of the three-year Performance Period will vary depending on the degree to which cumulative adjusted earnings per share performance goals for the Performance Period, as established by the Committee, are met.

  • Performance Criteria The Performance Criteria are set forth in Exhibit A to this Agreement.

  • Performance Goal (a) Subject to the following sentence, the Performance Goal is set out in Appendix A hereto, which Appendix A is incorporated by reference herein and made a part hereof. Notwithstanding the foregoing, the provisions of Section 13 or any other provision of this Agreement to the contrary, the Committee reserves the right to unilaterally change or otherwise modify the Performance Goal in any manner whatsoever (including substituting a new Performance Goal), but only to the extent that the Committee has first determined that the exercise of such discretion would not cause the Performance Share Units to fail to qualify as “performance-based compensation” under Section 162(m) of the Code. If the Committee exercises such discretionary authority to any extent, the Committee shall provide the Grantee with a new Appendix A in substitution for the Appendix A attached hereto, and such new Appendix A and the Performance Goal set out therein (rather than the Appendix A attached hereto and the Performance Goal set out therein) shall in all events apply for all purposes of this Agreement.

  • Payment of Performance Shares Payment of any Performance Shares that become earned as set forth herein will be made in the form of Common Shares, in cash, or in a combination of the two, as determined in the sole discretion of the Committee. Payment will be made as soon as practicable after the receipt of audited financial statements of the Corporation relating to the last fiscal year of the Performance Period and with respect to Covered Employees, the determination by the Committee of the level of attainment of the Management Objectives. Performance Shares will be forfeited if they are not earned at the end of the Performance Period and, except as otherwise provided in this Agreement, if the Grantee ceases to be employed by the Corporation or a Subsidiary at any time prior to such shares becoming earned.

  • Performance Measures The extent, if any, to which you shall have the right to payment of the Award shall depend upon your satisfying one of the continuous employment conditions set forth in Section 3 and the extent to which the applicable performance measure has been satisfied as of the Final Measurement Date, as specified below: The Award shall have the following performance measures during the Measurement Period:

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Performance Metrics The “Performance Metrics” for the Performance Period are: (i) the System Average Interruption Frequency Index (Major Events Excluded) (“XXXXX”); (ii) Arizona Public Service Company’s customer to employee improvement ratio; (iii) the OSHA rate (All Incident Injury Rate); (iv) nuclear capacity factor; and (v) coal capacity factor.

  • Performance Goals A. The Trust and State Street have developed mutually acceptable performance goals dated March 1, 2011 , and as may be amended from time to time, regarding the manner in which they expect to deliver and receive the services under this Agreement (hereinafter referred to as “Service Level Agreement”). The parties agree that such Service Level Agreement reflects performance goals and any failure to perform in accordance with the provisions thereof shall not be considered a breach of contract that gives rise to contractual or other remedies. It is the intention of the parties that the sole remedy for failure to perform in accordance with the provisions of the Service Level Agreement, or any dispute relating to performance goals set forth in the Service Level Agreement, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described in Sections V. B. and V.C. below. Notwithstanding the foregoing, the parties hereby acknowledge that any party’s failure (or lack thereof) to meet the provisions of the Service Level Agreement, while not in and of itself a breach of contract giving rise to contractual or other remedies, may factor into the Trust’s reasonably determined belief regarding the standard of care exercised by State Street hereunder.

  • Performance Objectives Subject to the terms of this Agreement, the Participant’s interest in the Stock Award shall vest and become transferable in accordance with paragraphs 3, 4 and 5 and Exhibit I based on the Company’s Compounded Annual Growth Rate TSR for the applicable measurement period relative to the Compounded Annual Growth Rate TSR for the applicable measurement period for the companies (other than the Company) listed in the NAREIT Hotel Index.

  • Award of Performance Shares Subject to all terms and conditions of the Plan and this Agreement, the Company has awarded to the Employee on the date indicated on the Award Summary the number of Performance Shares (individually, the “PS”) as shown on the Award Summary. Notwithstanding anything herein to the contrary, only active Employees and those Employees on Short Term Disability Leave, Social Service Leave, Family Medical Leave or Paid Uniform Services Leave (pursuant to the Company’s Human Resources Policies) on the effective date of the award as shown on the Award Summary shall be eligible to receive the award.

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