Performance Based Vesting Condition Sample Clauses

Performance Based Vesting Condition. The Award shall vest pursuant to the terms of this Agreement (including Section 3.2 below) and the Plan and based on the achievement of the performance goal (the “Performance Goal”) during the performance period (the “Performance Period”), each as described below, provided that that the Holder remains in continuous employment with the Company Group through the Restriction Period (as defined below). The Performance Period shall be the period beginning on [BEGINDATE] and ending on [ENDDATE]. The Performance Goal shall be the Company’s total shareholder return (“TSR”) as compared to the TSR of each of the companies listed below (the “Peer Group”) (as further described below). In the event (i) an entity in the Peer Group has been acquired by another company or has sold all or substantially all of its assets or (ii) an entity in the Peer Group ceases to be a publicly traded company on a national stock exchange (unless cessation of such listing is due to a low stock price or low trading volume) the entity shall be removed from the Peer Group and the Committee shall reduce the size of the Peer Group. An entity that is removed from the Peer Group prior to the last day of the Performance Period will not be included in the RTSR computation for the Performance Period. In the event a company included in the Peer Group files for protection under Chapter 7 of the Bankruptcy Code (or similar action if outside of the United States), such company shall remain in the Peer Group with a TSR of negative 100%. The Company’s TSR shall be determined by comparing the twenty (20) consecutive trading day average Closing Price (as defined below) of one share of Stock beginning on the first day of the Performance Period versus the twenty (20) consecutive trading day average Closing Price of one share of Stock ending on the last day of the Performance Period. The TSR of each company included in the Index shall be calculated in the same manner and ranked from highest to lowest (the “Ranked Peer Group”). For purposes of this Award, the closing price (the “Closing Price”) shall be the dividend adjusted day close price as reported by S&P Capital IQ (or any other reporting service that the Committee may designate from time to time), which shall reflect the relevant security’s market closing price, as adjusted for stock splits, cash dividends, rights offerings and spin-offs. The Company’s TSR for the Performance Period shall then be compared to the Ranked Peer Group and the Award shall be ea...

Performance Based Vesting Condition. The Performance Condition will be met if during any 30-consecutive-calander-day period falling within the Award Period (as defined below), the reported closing price of the Company’s Shares equals or exceeds $50.00 per Share provided that the Participant remains continuously employed by the Company or a subsidiary of the Company during the portion of the Award Period occurring prior to the date on which the Performance Condition is met. Meeting of the Performance Condition is subject to certification by the Committee that the foregoing performance criteria have been established and the Performance Condition applicable to the Restricted Stock have been met on the date as of which such certification is made. The Restricted Stock will be forfeited if the conditions for vesting set forth in Section 2 or Section 3 are not met by the end of the Award Period.

Performance Based Vesting Condition. In order for you to vest in any of the shares of Stock under this Restricted Stock Unit Grant, the Company must obtain net revenue for fiscal year [year] of $###,000,000, holding metal prices constant [and excluding revenue from the Voisey’s Bay net smelter return royalty] (the “Performance-Based Vesting Condition”). If the Performance-Based Vesting Condition is not satisfied for fiscal year [year], all of the shares of Stock underlying this Restricted Stock Unit Grant will be forfeited.

Performance Based Vesting Condition. In order for you to vest in any of the shares of Stock under this Restricted Stock Unit Grant, the Company must [to be conformed with each grant] (the “Performance-Based Vesting Condition”). If the Performance-Based Vesting Condition is not satisfied for fiscal _____, all of the shares of Stock underlying this Restricted Stock Unit Grant will be forfeited.

Performance Based Vesting Condition. Appendix A sets forth the Performance Condition that must be satisfied in order for the Performance Shares to be eligible for vesting. The Performance Condition is based on the price of the Shares during the period beginning on the Grant Date and ending on the third anniversary of the Grant Date (the “Performance Period”), all as set forth on Appendix A. The Committee shall certify in writing the extent to which the Performance Condition has been achieved and the number of Performance Shares eligible for vesting based on the Performance Condition as soon as administratively practicable, but no later than 60 days, following the end of the Performance Period (the “Certification Date”). The Performance Shares that become eligible for vesting under this Section 2(b) are hereinafter referred to as the “Eligible Performance Shares.” Any unvested Performance Shares which are not eligible for vesting based on the Performance Condition shall be automatically forfeited, terminated and cancelled effective as of the Certification Date without payment of any consideration by the Company, and the Participant or the Participant’s beneficiary or representative, as the case may be, shall have no further rights with respect to such Performance Shares under this Agreement.

Performance Based Vesting Condition. The Price-Vested Units shall satisfy this Performance-Based Vesting Condition to the extent that the average closing price (on the New York Stock Exchange or other principal exchange on which the shares of Company’s common stock are traded) of the Company’s common stock reaches the levels set forth below for a period of 60 consecutive trading days at any time prior to the fifth (5th) anniversary of the Grant Date.

Performance Based Vesting Condition. Except as otherwise provided in the Plan, the Performance Plan, or the applicable provisions (if any) contained in an Employment Agreement, if applicable, the Award shall vest at the end of the Performance Period based on the satisfaction of the performance criteria set forth in the Performance Plan; provided that, you are, and have been, continuously (except for any absence for vacation, leave, etc. in accordance with the Company's or its Subsidiaries' policies) employed by the Company or any of its Subsidiaries (“Service”) from the date of this Agreement through and including the last day of the Performance Period, except as otherwise provided in an Employment Agreement. The period of time prior to the vesting shall be referred to herein as the “Restriction Period.”

Performance Based Vesting Condition. This Option shall become Vested (all at once or over time, as provided in Appendix A, but no earlier than any Scheduled Vesting Date) if the Committee has certified that the Goal has been satisfied ("Certification"). Vesting shall not occur as to any portion of the Option for which Certification does not occur by the earlier of the “Expiration Date” (as defined in Paragraph 3(a)) or the date of the Applicable Committee Meeting following the final calendar year of the Performance Period (the earliest date being the “Deadline”), and if Certification does not occur by the Deadline, the entire Option shall be forfeited as of the Deadline even if such date is prior to the Scheduled Vesting Date.

Performance Based Vesting Condition. For purposes of the PSUs, the applicable Performance-Based Vesting Condition shall be the Company’s achievement of the Relative TSR Goals for the applicable Performance Period (as defined below).