Common use of Subsequent Grants Clause in Contracts

Subsequent Grants. On the first business day of 2008 and 2009, subject in the case of 2009 to Executive’s continued employment with the Company through such date, the Company granted or shall grant to Executive, as applicable, under the Equity Plan, a number of shares of Restricted Stock with a Fair Market Value of $500,000 (any such grant, a “Subsequent EBITDA Performance-Vesting Restricted Stock Grant”). Each Subsequent EBITDA Performance-Vesting Restricted Stock Grant is or shall be, as applicable, set forth in a Restricted Stock Agreement. As of December 31, 2009, a 0-100% percentage of the shares subject to the Subsequent EBITDA Performance-Vesting Restricted Stock Grant specified (or certified) by the Compensation Committee shall vest and all Restrictions thereon shall lapse, if (and only if) (1) the Company has attained (with a target of 50%) the annual EBITDA growth goals for the first year following the date of the grant (such EBITDA growth goals determined with respect to any Subsequent EBITDA Performance-Vesting Restricted Stock Grant, “Subsequent EBITDA Performance Goals” and, together with the Initial EBITDA Performance Goals, the “EBITDA Performance Goals” and, together with the TSR Performance Goals, the “Performance Goals”) and (2) Executive remains continuously employed with the

Subsequent Grants. On the first business day of 2008 and 2009, subject in the case of 2009 to Executive’s continued employment with the Company through such date, the Company granted or shall grant to Executive, as applicable, under the Equity Plan, a number of shares of Restricted Stock with a Fair Market Value of $500,000 (any such grant, a “Subsequent EBITDA Performance-Vesting Restricted Stock Grant”). Each Subsequent EBITDA Performance-Vesting Restricted Stock Grant is or shall be, as applicable, be set forth in a Restricted Stock Agreement. As Subject to Sections 1(b)(v)(F) and (G) and 1(c)(iii)(A) below, at the end of December 31, 2009the third calendar year following the date of grant, a 0-100% percentage of the shares subject to the Subsequent EBITDA Performance-Vesting Restricted Stock Grant specified (or certified) by the Compensation Committee shall vest and all Restrictions thereon shall lapse, if (and only if) (1) the Company has attained (with a target of 50%) the annual EBITDA growth goals for the first year following the date of the grant (such EBITDA growth goals determined with respect to any Subsequent EBITDA Performance-Vesting Restricted Stock Grant, “Subsequent EBITDA Performance Goals” and, together with the Initial EBITDA Performance Goals, the “EBITDA Performance Goals” and, together with the TSR Performance Goals, the “Performance Goals”) and (2) Executive remains continuously employed with thethe Company through the end of the third year following the date of grant.