Common use of Timing and Amount Clause in Contracts

Timing and Amount. Following the Performance Measurement Date, the Compensation Committee will determine the extent to which the applicable Performance Condition has been achieved, as may be limited by the TSR Performance Condition (as described in ▇▇▇▇▇ ▇). Vested PSUs, and if issued pursuant to Section 4(a) below, Restricted Stock Units, earned by a Participant will be settled and paid in Shares as soon as practicable following the Performance Measurement Date on a date determined in the Company’s discretion, provided that the Participant continues to be actively employed on such date, subject to Section 4, and in no event later than the last day of the “applicable 2½ month period” specified in Treas. Reg. §1.409A-1(b)(4) (the “Payment Date”).

Timing and Amount. Following the end of the Performance Measurement DatePeriod, the Compensation Committee will determine the extent to which the applicable Performance Condition has been achieved, as may be limited by the TSR Performance Condition (as described in ▇▇▇▇▇ ▇)Company’s Total Shareholder Return. Vested PSUs, and if issued pursuant to Section 4(a) below, Restricted Stock Units, Units and PSUs earned by a Participant will be settled and paid in Shares of the Company’s Common Stock as soon as practicable following the end of the Performance Measurement Date Period on a date determined in the Company’s discretion, provided that for PSUs the Participant continues to be actively employed on such date, subject to Section 4, and in no event later than the last day of the “applicable 2½ month period” specified in Treas. Reg. §1.409A-1(b)(4) (the “Payment Date”).