Common use of Minimum Performance Condition Clause in Contracts

Minimum Performance Condition. Except as set forth in Section 6, as a condition to the receipt of any Shares in settlement of the Award, the Company’s consolidated EBIT in each fiscal year of the Performance Period must be equal to or greater than $1 billion (the “Minimum Performance Condition”). The Committee shall determine whether the Minimum Performance Condition is satisfied as soon as practicable after completion of each fiscal year of the Performance Period (each date the Committee so determines is a “Determination Date”).

Minimum Performance Condition. Except as set forth in Section 67, as a condition to the receipt of any Shares in settlement of the Award, the Company’s consolidated EBIT in each for the first full fiscal year of the Performance Period must be equal to or greater than $1 billion (the “Minimum Performance Condition”). The Committee shall determine whether the Minimum Performance Condition is satisfied as soon as practicable after completion of each the first full fiscal year of the Performance Period, but in any event not later than November 30 of the calendar year in which the first full fiscal year of the Performance Period ends (each the date the Committee so determines is a determines, the “Determination Date”).