Common use of Performance-Based Award Clause in Contracts

Performance-Based Award. The Performance-Based Award, unless earlier terminated or forfeited, shall become eligible to vest upon the Company’s achievement of 100% of its targeted fiscal year 2015 operating income budget (“2015 Performance Target”), as determined by the Board in its sole discretion, and shall thereafter vest in accordance with the following schedule: (a) Fifty percent (50%) of the Performance-Based Award shall vest on the date the Company files its fiscal year 2015 Annual Report on Form 10-K (the “2015 Form 10-K Filing Date”); and (b) Fifty percent (50%) of the Performance-Based Award shall vest on the one-year anniversary of the 2015 Form 10-K Filing Date;

Performance-Based Award. The Performance-Based Award, unless earlier terminated or forfeited, shall become eligible to vest upon the Company’s achievement of 100% of its targeted fiscal year 2015 [2022] operating income budget (“2015 [2022] Performance Target”), as determined by the Board in its sole discretion, and shall thereafter vest in accordance with the following schedule: (a) Fifty percent (50%) of the Performance-Based Award shall vest on the date the Company files its fiscal year 2015 [2022] Annual Report on Form 10-K (the “2015 [2022] Form 10-K Filing Date”); and (b) Fifty percent (50%) of the Performance-Based Award shall vest on the one-year anniversary of the 2015 [2022] Form 10-K Filing Date;