Second Year Catch-Up Sample Clauses

Second Year Catch-Up. If the EBITDA Percentage for the aggregate of the 2008 and 2009 Measurement Years is greater than the EBITDA Percentage for the 2008 Measurement Year, the Participant shall be deemed fully vested in the additional Eligible RSU’s that would have vested if that EBITDA Percentage had been achieved in the 2008 Measurement Year.