Performance Contingencies Sample Clauses

Performance Contingencies. The “Performance Contingencies” for this Award include two performance measures: EPS Growth and Dividend Growth as specified below: EPS Growth – EPS Growth is measured as the average of the annual earnings per share of Common Stock for the Company’s fiscal years 2008, 2009 and 2010. The Threshold, Target, and High Performance levels of performance and performance contingent restricted stock (PCRS) as to which restrictions may lapse are as follows: Threshold Target High Performance Level of Performance Average of $ per share or above Average of $ per share or above Average of $ per share or above Number of PCRS as to which restrictions lapse [1/3 of PCRS in grant x 70%] [2/3 of PCRS in grant x 70%] [# of PCRS in grant x 70%] Dividend Growth – Dividend Growth is measured as the total dividends per share declared on the Company’s common stock in fiscal year 2010. The Threshold, Target and High Performance levels of performance and PCRS as to which restrictions may lapse are as follows: Threshold Target High Performance Level of Performance Dividends declared of $ per share or above Dividends declared of $ per share or above Dividends declared of $ per share or above Number of PCRS as to which restrictions lapse [1/3 of PCRS in grant x 30%] [2/3 of PCRS in grant x 30%] [# of PCRS in grant x 30%] Total Shareholder Return for the Company or for a comparator company shall be calculated as follows: Average share price for the 7/1/10 – 9/30/10 quarter + value of reinvested dividends = Total end of performance period value – average share price for the 7/1/07 – 9/30/07 quarter = Total value created in performance period ÷ average share price for the 7/1/07 – 9/30/07 quarter = Total Shareholder Return
Sample 1
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Performance Contingencies. 1. 50% of Units vest when (1) the Executive completes two years of employment with the Company and (2) the Company’s average stock price for any period of consecutive three months beginning on or after December 1, 2011 exceeds by 10% the average stock price for the three-month period of September 1, 2011 through November 30, 2011.
Sample 1
Performance Contingencies. The “Performance Contingencies” for this Award include two performance measures: EPS Growth and Portfolio Development as specified below: EPS Growth – EPS Growth is measured as the average of the annual earnings per share of Common Stock for the Company’s fiscal years 2010, 2011, and 2012. The Threshold, Target, and High Performance levels of performance and performance contingent restricted stock (PCRS) as to which restrictions may lapse are as follows:
Sample 1
Performance Contingencies. Purchaser's obligation to Close this transaction and purchase the Premises shall be contingent upon the satisfaction or waiver by Purchaser of those contingencies set forth in Exhibit "C" attached hereto and made a part hereof ("Performance Contingencies"). All Performance Contingencies set forth in Exhibit "C" shall remain in force and effect for the specific period of time ("Contingency Period") identified in Exhibit "C". In the event a Performance Contingency is not satisfied in the manner and within the Contingency Period set forth in Exhibit "C", Purchaser may, within five (5) business days following the expiration of the Contingency Period, give written notice to Seller identifying Purchaser's inability to satisfy such condition and expressly terminating this Agreement as a result thereof ("Contingency Termination Notice"). In the event Purchaser serves a Contingency Termination Notice upon Seller in a timely fashion this Agreement shall thereupon terminate and be of no further force or effect. Failure of Purchaser to serve Seller with a Contingency Termination Notice prior to the expiration of the Contingency Period for any applicable Performance Contingency shall constitute the irrevocable waiver of such Performance Contingency by Purchaser. In the event a Contingency Termination Notice is given under the Due Diligence Performance Contingency, the Initial Earnxxx Xxxey and accrued interest shall be refunded to Purchaser. In the event a Contingency Termination Notice is given under the Governmental Approval Performance Contingency, the Deposit shall not be refunded to Purchaser except as otherwise expressly provided in Section 3.02 of this Agreement.
Sample 1
Performance Contingencies. The “Performance Contingencies” for this Award include three performance measures: LER Expansion, Restructure Propane Storage and Succession Management as specified below:
Sample 1
Performance Contingencies a) (i) Customer's obligation to purchase (or in the case of Software, license) any Product, Software and/or Services under this Agreement shall be subject to the Product having successfully passed a test ("Test"), the scope of the Test being limited to demonstrating the Product's compliance with the Specifications in Attachment B. The terms of the Test shall be mutually agreed between Customer and Avici within [CONFIDENTIAL TREATMENT REQUESTED]/*/ from the Effective Date. Avici shall be responsible for preparing and submitting to Customer the initial, proposed version of the Test. The Test will be conducted [CONFIDENTIAL TREATMENT REQUESTED]/*/ utilizing a Product installed by Avici, [CONFIDENTIAL TREATMENT REQUESTED]/*/
Sample 1

Related to Performance Contingencies

  • Performance Conditions The Shares shall be issuable only if (and to the extent) that the Performance Criteria, set forth herein, are satisfied during the Performance Period. The Controller of the Company and the Compensation Committee of the Board of Directors of the Company shall certify whether, and to what extent, the Performance Criteria have been achieved. If the minimum performance is not met, no Shares shall be issued and the Award shall be forfeited.

  • Performance Condition Notwithstanding the vesting schedule stated in the Award Notification, your Restricted Stock Units shall not vest unless the Company achieves positive Adjusted Net Earnings in any fiscal year during the term of the Award. “Adjusted Net Earnings” means net earnings determined in accordance with GAAP as publicly reported by the Company for a fiscal year, adjusted to eliminate the following: (1) the cumulative effect of changes in GAAP; (2) gains and losses from discontinued operations; (3) extraordinary gains or losses; and (4) any other unusual or nonrecurring gains or losses which are separately identified and quantified, including merger related charges. 

  • Performance Goals A. The Trust and State Street have developed mutually acceptable performance goals dated March 1, 2011 , and as may be amended from time to time, regarding the manner in which they expect to deliver and receive the services under this Agreement (hereinafter referred to as “Service Level Agreement”). The parties agree that such Service Level Agreement reflects performance goals and any failure to perform in accordance with the provisions thereof shall not be considered a breach of contract that gives rise to contractual or other remedies. It is the intention of the parties that the sole remedy for failure to perform in accordance with the provisions of the Service Level Agreement, or any dispute relating to performance goals set forth in the Service Level Agreement, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described in Sections V. B. and V.C. below. Notwithstanding the foregoing, the parties hereby acknowledge that any party’s failure (or lack thereof) to meet the provisions of the Service Level Agreement, while not in and of itself a breach of contract giving rise to contractual or other remedies, may factor into the Trust’s reasonably determined belief regarding the standard of care exercised by State Street hereunder.

  • Performance Criteria The Performance Criteria are set forth in Exhibit A to this Agreement.

  • Performance Excused Continued performance of a Service may be suspended immediately to the extent caused by any event or condition beyond the reasonable control of the Party suspending such performance including, but not limited to, any act of God, fire, labor or trade disturbance, war, civil commotion, compliance in good faith with any law, unavailability of materials or other event or condition whether similar or dissimilar to the foregoing (each, a “Force Majeure Event”).

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Performance Cycle The Performance Cycle for this Award shall commence on May 1, 2006, and shall end on December 31, 2008.

  • Performance Objectives Subject to the terms of this Agreement, the Participant’s interest in the Stock Award shall vest and become transferable in accordance with paragraphs 3, 4 and 5 and Exhibit I based on the Company’s Compounded Annual Growth Rate TSR for the applicable measurement period relative to the Compounded Annual Growth Rate TSR for the applicable measurement period for the companies (other than the Company) listed in the NAREIT Hotel Index.

  • Performance Goal (a) Subject to the following sentence, the Performance Goal is set out in Appendix A hereto, which Appendix A is incorporated by reference herein and made a part hereof. Notwithstanding the foregoing, the provisions of Section 13 or any other provision of this Agreement to the contrary, the Committee reserves the right to unilaterally change or otherwise modify the Performance Goal in any manner whatsoever (including substituting a new Performance Goal), but only to the extent that the Committee has first determined that the exercise of such discretion would not cause the Performance Share Units to fail to qualify as “performance-based compensation” under Section 162(m) of the Code. If the Committee exercises such discretionary authority to any extent, the Committee shall provide the Grantee with a new Appendix A in substitution for the Appendix A attached hereto, and such new Appendix A and the Performance Goal set out therein (rather than the Appendix A attached hereto and the Performance Goal set out therein) shall in all events apply for all purposes of this Agreement.

  • Performance Measure The number of Performance Shares earned at the end of the three-year Performance Period will vary depending on the degree to which cumulative adjusted earnings per share performance goals for the Performance Period, as established by the Committee, are met.

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