Common use of Pool II Performance Vesting Shares Clause in Contracts

Pool II Performance Vesting Shares. The Performance Goal with respect to Pool II Performance Vesting Shares shall be Consolidated EBITDA of $174 million for any four consecutive fiscal quarters beginning on or after October 1, 2006 and ending on or prior to March 31, 2009. If the Performance Goal described in the preceding sentence is met at any time during the Performance Period, all Pool II Performance Vesting Shares shall vest, and the Participant shall own such Pool II Performance Vesting Shares free of all restrictions otherwise imposed by this Agreement. If the Performance Goal described above is not met as of the end of the Performance Period, but Consolidated EBITDA as of the end of the Performance Period is at least $165 million, an amount (expressed as a percentage) of Pool II Performance Vesting Shares shall vest in accordance with the following schedule: Consolidated EBITDA for the fiscal year of the Company ending Vested Percentage of Pool II March 31, 2009 Performance Vesting Shares Less than $165 million 0 % At least $165 million but less than $166 million 25 % At least $166 million but less than $167 million 30 % At least $167 million but less than $168 million 35 % At least $168 million but less than $169 million 40 % At least $169 million but less than $170 million 50 % At least $170 million but less than $171 million 60 % At least $171 million but less than $172 million 75 % At least $172 million but less than $173 million 85 % At least $173 million but less than $174 million 95 % $174 million or greater 100 % Pool II Performance Vesting Shares that have not vested by the end of the Performance Period shall be forfeited.