Common use of Performance Vesting Requirement Clause in Contracts

Performance Vesting Requirement. (A) The Performance-Based RSUs shall, so long as the Employee remains employed with the Company or its Subsidiaries through the Vesting Date (or the provisions of Section 2(a)(i)(C) otherwise apply), vest on the Vesting Date as follows: up to 100% of the Maximum Performance-Based RSUs awarded hereunder shall become vested if and to the extent that, during the Performance Period, (x) the 2010 Actual Adjusted EBITDA, as compared to the 2010 Budgeted Adjusted EBITDA, and (y) the 2010 Actual Adjusted EPS, as compared to the 2010 Budgeted Adjusted EPS, is achieved, in each case by certain specified percentages, relative to a targeted 2010 Budgeted Adjusted EBITDA amount (the “2010 EBITDA Target”) and a 2010 Budgeted Adjusted EPS amount (the “2010 EPS Target”), respectively, all as set forth on Schedule I attached hereto and incorporated by reference herein.

Performance Vesting Requirement. (A) The Performance-Based RSUs shall, so long as the Employee remains employed with the Company or its Subsidiaries through the Vesting Date (or the provisions of Section 2(a)(i)(C2(b)(i)(C) otherwise apply), vest on the Vesting Date as follows: up to 100% of the Maximum Performance-Based RSUs awarded hereunder shall become vested if and to the extent that, during fiscal year 2009 of the Company (the “Performance Period”), (x) the 2010 2009 Actual Adjusted EBITDA, as compared to the 2010 2009 Budgeted Adjusted EBITDA, and (y) the 2010 2009 Actual Adjusted EPS, as compared to the 2010 2009 Budgeted Adjusted EPS, is achieved, in each case by certain specified percentages, relative to a targeted 2010 2009 Budgeted Adjusted EBITDA amount (the “2010 2009 EBITDA Target”) and a 2010 2009 Budgeted Adjusted EPS amount (the “2010 2009 EPS Target”), respectively, all as set forth on Schedule I attached hereto and incorporated by reference herein.

Performance Vesting Requirement. (A) The Performance-Based RSUs shall, so long as the Employee remains employed with the Company or its Subsidiaries through the Vesting Date (or the provisions of Section 2(a)(i)(C2(b)(i)(C) otherwise apply), vest on the Vesting Date as follows: up to 100% of the Maximum Performance-Based RSUs awarded hereunder shall become vested if and to the extent that, during the Performance Period, (x) the 2010 Actual Adjusted EBITDA, as compared to the 2010 Budgeted Adjusted EBITDA, and (y) the 2010 Actual Adjusted EPS, as compared to the 2010 Budgeted Adjusted EPS, is achieved, in each case by certain specified percentages, relative to a targeted 2010 Budgeted Adjusted EBITDA amount (the “2010 EBITDA Target”) and a 2010 Budgeted Adjusted EPS amount (the “2010 EPS Target”), respectively, all as set forth on Schedule I attached hereto and incorporated by reference herein.

Performance Vesting Requirement. (A) The Performance-Based RSUs shall, so long as the Employee remains employed with the Company or its Subsidiaries through the Vesting Date (or the provisions of Section 2(a)(i)(C) otherwise apply), vest on the Vesting Date as follows: up to 100% of the Maximum Performance-Based RSUs awarded hereunder shall become vested if and to the extent that, during fiscal year 2009 of the Company (the “Performance Period”), (x) the 2010 2009 Actual Adjusted EBITDA, as compared to the 2010 2009 Budgeted Adjusted EBITDA, and (y) the 2010 2009 Actual Adjusted EPS, as compared to the 2010 2009 Budgeted Adjusted EPS, is achieved, in each case by certain specified percentages, relative to a targeted 2010 2009 Budgeted Adjusted EBITDA amount (the “2010 2009 EBITDA Target”) and a 2010 2009 Budgeted Adjusted EPS amount (the “2010 2009 EPS Target”), respectively, all as set forth on Schedule I attached hereto and incorporated by reference herein.