Common use of Performance Agreement Clause in Contracts

Performance Agreement. No Grant funds shall be disbursed to Grantee unless and until (i) Grantee has delivered Triumph, concurrently with the execution of this Agreement, a Performance Agreement (“Performance Agreement)” in the form attached hereto as Exhibit “D”, executed by the Company, pursuant to which the Company agrees to assume the liability and obligation for the satisfaction of the Performance Metrics (as defined below) and the payment of the Performance Metric Clawback Amount, and (ii) Triumph approves, in its sole and absolute discretion, such Performance Agreement.

Performance Agreement. No Grant funds shall be disbursed to Grantee unless and until (i) Grantee has delivered Triumph, concurrently with the execution of this Agreement, a Performance Guaranty Agreement (“Performance Agreement)” in the form attached hereto as Exhibit “D”, executed by the Company, pursuant to which the Company agrees to assume the liability and obligation for the satisfaction of the Performance Metrics (as defined below) and the payment of the Performance Metric Clawback AmountAmount (as defined below), and (ii) Triumph approves, in its sole and absolute discretion, such Performance Agreement.

Performance Agreement. No Grant funds shall be disbursed to Grantee unless and until (i) Grantee Xxxxxxx has delivered to Triumph, concurrently with the execution of this Agreement, a Performance Agreement (“Performance Agreement)” in the form attached hereto as Exhibit “D”, executed by the CompanyCompany and its principal (Xxxxxx Xxxxx Xxxxxxx), pursuant to which the Company agrees and its principal agree to assume the liability and obligation for the satisfaction of the Performance Metrics (as defined below) and the payment of the Performance Metric Clawback Amount, and (ii) Triumph approves, in its sole and absolute discretion, such Performance Agreement.