Common use of Performance-based First Hurdle Equity Appreciation Rights Clause in Contracts

Performance-based First Hurdle Equity Appreciation Rights. Fifty percent (50.0%) of the Equity Appreciation Rights shall Vest in accordance with this subsection (ii) (the “First Hurdle Equity Appreciation Rights”) but only if the Participant has continued in the employ of the Parent or any of its Subsidiaries or Affiliates through the particular vesting date. The Administrator shall, from time to time, determine the applicable Enterprise Value.

Performance-based First Hurdle Equity Appreciation Rights. Fifty percent (50.0%) of the Equity Appreciation Rights shall Vest in accordance with this subsection (ii) (the “First Hurdle Equity Appreciation Rights”) but only if the Participant has continued in the employ of the Parent or any of its Subsidiaries or Affiliates through the particular vesting datedate (unless otherwise provided pursuant to Section 4 below). The Administrator shall, from time to time, time determine the applicable Enterprise Value, not less frequently than once per calendar year.