Common use of Vesting of Performance Share Units Clause in Contracts

Vesting of Performance Share Units. (a) Provided that Grantee’s continuous employment by the Company, including Subsidiaries, has not terminated, or as otherwise provided in Sections 2(b) or 2(c), Performance Share units subject to this Award shall become vested upon the written certification by the Committee, or its delegatee, in its sole discretion, of the achievement of the Performance Goal, which is the Company’s Total Shareholder Return (“TSR”) relative to the TSR of the peer group of companies listed on Exhibit A to this Agreement (the “Peer Group”), for the period beginning January 1, 2013 and ending December 31, 2015 (“Performance Period”), at, or above, the 30th percentile, in accordance with the applicable vesting percentage specified for such percentile ranking in the following schedule: Percentile Ranking Vesting Percentage Lower than 30th 0 % 30th 50 % * * 50th 100 % * * 80th or higher 200 % * When such determination is of a percentile ranking between those specified, such results will be interpolated on a straight-line basis to determine the applicable vesting percentage. All Performance Share units that do not become vested upon the written certification by the Committee, or its delegatee, in its sole discretion, or as otherwise provided in Sections 2(b) or 2(c), shall be forfeited. For the purposes of this Agreement, TSR shall be calculated using the formula Percent TSR = ((B*(1 + C) / A) -1), where the values of A, B and C are as follows: A = average closing price of one (1) share on the NYSE on the twenty (20) consecutive trading days ending on December 31, 2012; B = average closing price of one (1) share on the NYSE on the twenty (20) consecutive trading days ending on December 31, 2015; and C = based on one (1) share purchased at the beginning of the Performance Period and the number of additional shares acquired through the reinvestment of dividends paid during the Performance Period. In addition, when calculating TSR for the Performance Period, (i) the performance of a company in the Peer Group will not be used in calculating the Peer Group’s TSR if the company is not publicly traded (i.e., has no ticker symbol) at the end of the Performance Period; (ii) the performance of any company in the Peer Group that becomes bankrupt during the Performance Period will be included in the calculation of peer group performance even if it has no ticker symbol at the end of the Performance Period; (iii) the performance of the surviving entity(s) will be used in the event there is a combination of any of the Peer Group companies during the Performance Period; (iv) no new companies will be added to the Peer Group during the Performance Period (including a non-peer company that may acquire a member of the Peer Group); and (v) the Committee retains discretion to reduce Performance Awards that were otherwise earned in the event that the Company’s TSR during the Performance Period is negative.

Appears in 2 contracts

Samples: Performance Share Award Agreement (Spectra Energy Corp.), Performance Share Award Agreement (Spectra Energy Corp.)

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Vesting of Performance Share Units. (a) Provided that Grantee’s continuous employment by the Company, including Subsidiaries, has not terminated, or as otherwise provided in Sections 2(b) or 2(c), Performance Share units Units subject to this Award shall become vested upon the written certification by the Committee, or its delegatee, in its sole discretion, of the achievement of the Performance Goal, which is the Company’s Total Shareholder Return (“TSR”) relative to the TSR of the peer group of companies listed on Exhibit A to this Agreement (the “Peer Group”), for the period beginning January 1, 2013 2011 and ending December 31, 2015 2013 (“Performance Period”), at, or above, the 30th percentile, in accordance with the applicable vesting percentage specified for such percentile ranking in the following schedule: Percentile Ranking Vesting Percentage Lower than 30th 0 0% 30th 50 50% * * 50th 100 100% * * 80th or higher 200 200% * When such determination is of a percentile ranking between those specified, such results will be interpolated on a straight-line basis to determine the applicable vesting percentage. All Performance Share units Units that do not so become vested upon during the written certification by the Committee, or its delegatee, in its sole discretion, or as otherwise provided in Sections 2(b) or 2(c), Performance Period shall be forfeited. For the purposes of this Agreement, TSR shall be calculated using the formula Percent TSR = ((B*(1 + C) / A) -1), where the values of A, B and C are as follows: A = average closing price of one (1) a share on the NYSE on the twenty (20) consecutive trading days ending on December 31, 20122010; B = average closing price of one (1) a share on the NYSE on the twenty (20) consecutive trading days ending on December 31, 20152013; and C = based on one (1) share purchased at the beginning of the Performance Period and the number of additional shares acquired through owned assuming dividends are reinvested as paid throughout the reinvestment of dividends paid during the Performance Periodmeasurement period. In addition, when calculating TSR for the Performance Period, (i) the performance of a company in the Peer Group will not be used in calculating the Peer Group’s TSR if the company is not publicly traded (i.e., has no ticker symbol) at the end of the Performance Periodperformance period; (ii) the performance of any company in the Peer Group that becomes bankrupt during the Performance Period measurement period will be included in the calculation of peer group performance even if it has no ticker symbol at the end of the Performance Periodmeasurement period; (iii) the The performance of the surviving entity(s) will be used in the event there is a combination of any of the Peer Group companies during the Performance Periodmeasurement period; (iv) no new companies will be added to the Peer Group during the Performance Period measurement period (including a non-peer company that may acquire a member of the Peer Group); and and, (v) the Committee retains discretion to reduce Performance Awards performance awards that were otherwise earned in the event that the CompanySpectra’s TSR during the Performance Period measurement period is negative.

Appears in 2 contracts

Samples: Performance Award Agreement (Spectra Energy Corp.), Performance Award Agreement (Spectra Energy Corp.)

Vesting of Performance Share Units. (a) Provided that Grantee’s continuous employment by the Company, including Subsidiaries, has not terminated, or as otherwise provided in Sections 2(b) or 2(c), Performance Share units Units subject to this Award shall become vested upon the written certification by the Committee, or its delegatee, in its sole discretion, of the achievement of the Performance Goal, which is the Company’s Total Shareholder Return (“TSR”) relative to the TSR of the peer group of companies listed on Exhibit A to this Agreement (the “Peer Group”), for the period beginning January 1, 2013 2012 and ending December 31, 2015 2014 (“Performance Period”), at, or above, the 30th percentile, in accordance with the applicable vesting percentage specified for such percentile ranking in the following schedule: Percentile Ranking Vesting Percentage Lower than 30th 0 0% 30th 50 50% * * 50th 100 100% * * 80th or higher 200 200% * When such determination is of a percentile ranking between those specified, such results will be interpolated on a straight-line basis to determine the applicable vesting percentage. All Performance Share units Units that do not so become vested upon during the written certification by the Committee, or its delegatee, in its sole discretion, or as otherwise provided in Sections 2(b) or 2(c), Performance Period shall be forfeited. For the purposes of this Agreement, TSR shall be calculated using the formula Percent TSR = ((B*(1 + C) / A) -1), where the values of A, B and C are as follows: A = average closing price of one (1) a share on the NYSE on the twenty (20) consecutive trading days ending on December 31, 20122011; B = average closing price of one (1) a share on the NYSE on the twenty (20) consecutive trading days ending on December 31, 20152014; and C = based on one (1) share purchased at the beginning of the Performance Period and the number of additional shares acquired through owned assuming dividends are reinvested as paid throughout the reinvestment of dividends paid during the Performance Periodmeasurement period. In addition, when calculating TSR for the Performance Period, (i) the performance of a company in the Peer Group will not be used in calculating the Peer Group’s TSR if the company is not publicly traded (i.e., has no ticker symbol) at the end of the Performance Periodperformance period; (ii) the performance of any company in the Peer Group that becomes bankrupt during the Performance Period measurement period will be included in the calculation of peer group performance even if it has no ticker symbol at the end of the Performance Periodmeasurement period; (iii) the The performance of the surviving entity(s) will be used in the event there is a combination of any of the Peer Group companies during the Performance Periodmeasurement period; (iv) no new companies will be added to the Peer Group during the Performance Period measurement period (including a non-peer company that may acquire a member of the Peer Group); and and, (v) the Committee retains discretion to reduce Performance Awards performance awards that were otherwise earned in the event that the CompanySpectra’s TSR during the Performance Period measurement period is negative.

Appears in 2 contracts

Samples: Performance Award Agreement (Spectra Energy Corp.), Performance Award Agreement (Spectra Energy Corp.)

Vesting of Performance Share Units. (a) Provided that Grantee’s continuous employment by the Company, including Subsidiaries, has not terminated, or as otherwise provided in Sections 2(b) or 2(c), Performance Share units subject to this Award shall become vested upon the written certification by the Committee, or its delegatee, in its sole discretion, of the achievement of the Performance Goal, which is the Company’s Total Shareholder Return (“TSR”) relative to the TSR of the peer group of companies listed on Exhibit A to this Agreement (the “Peer Group”), for the period beginning January 1, 2013 2015 and ending December 31, 2015 2017 (“Performance Period”), at, or above, the 30th percentile, in accordance with the applicable vesting percentage specified for such percentile ranking in the following schedule: Percentile Ranking Vesting Percentage Lower than 30th 0 0% 30th 50 50% * * 50th 100 100% * * 80th or higher 200 200% * *When such determination is of a percentile ranking between those specified, such results will be interpolated on a straight-line basis to determine the applicable vesting percentage. All Performance Share units that do not become vested upon the written certification by the Committee, or its delegatee, in its sole discretion, or as otherwise provided in Sections 2(b) or 2(c), shall be forfeited. For the purposes of this Agreement, TSR shall be calculated using the formula Percent TSR = ((B*(1 + C) / A) -1), where the values of A, B and C are as follows: A = average closing price of one (1) share on the NYSE on the twenty (20) consecutive trading days ending on December 31, 20122014; B = average closing price of one (1) share on the NYSE on the twenty (20) consecutive trading days ending on December 31, 20152017; and C = based on one (1) share purchased at the beginning of the Performance Period and the number of additional shares acquired through the reinvestment of dividends paid during the Performance Period. 2015 Performance Award Agreement - Stock 2 In addition, when calculating TSR for the Performance Period, (i) the performance of a company in the Peer Group will not be used in calculating the Peer Group’s TSR if the company is not publicly traded (i.e., has no ticker symbol) at the end of the Performance Period; (ii) the performance of any company in the Peer Group that becomes bankrupt during the Performance Period will be included in the calculation of peer group performance even if it has no ticker symbol at the end of the Performance Period; (iii) the performance of the surviving entity(s) will be used in the event there is a combination of any of the Peer Group companies during the Performance Period; (iv) no new companies will be added to the Peer Group during the Performance Period (including a non-peer company that may acquire a member of the Peer Group); and (v) the Committee retains discretion to reduce Performance Awards that were otherwise earned in the event that the Company’s TSR during the Performance Period is negative.

Appears in 2 contracts

Samples: Performance Share Award Agreement (Spectra Energy Corp.), Performance Share Award Agreement (Spectra Energy Corp.)

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Vesting of Performance Share Units. (a) Provided that Grantee’s continuous employment by the Company, including Subsidiaries, has not terminated, or as otherwise provided in Sections 2(b) or 2(c), Performance Share units subject to this Award shall become vested upon the written certification by the Committee, or its delegatee, in its sole discretion, of the achievement of the Performance Goal, which is the Company’s Total Shareholder Return (“TSR”) relative to the TSR of the peer group of companies listed on Exhibit A to this Agreement (the “Peer Group”), for the period beginning January 1, 2013 2014 and ending December 31, 2015 2016 (“Performance Period”), at, or above, the 30th percentile, in accordance with the applicable vesting percentage specified for such percentile ranking in the following schedule: Percentile Ranking Vesting Percentage Lower than 30th 0 0% 30th 50 50% * * 50th 100 100% * * 80th or higher 200 200% * *When such determination is of a percentile ranking between those specified, such results will be interpolated on a straight-line basis to determine the applicable vesting percentage. All Performance Share units that do not become vested upon the written certification by the Committee, or its delegatee, in its sole discretion, or as otherwise provided in Sections 2(b) or 2(c), shall be forfeited. For the purposes of this Agreement, TSR shall be calculated using the formula Percent TSR = ((B*(1 + C) / A) -1), where the values of A, B and C are as follows: A = average closing price of one (1) share on the NYSE on the twenty (20) consecutive trading days ending on December 31, 20122013; B = average closing price of one (1) share on the NYSE on the twenty (20) consecutive trading days ending on December 31, 20152016; and C = based on one (1) share purchased at the beginning of the Performance Period and the number of additional shares acquired through the reinvestment of dividends paid during the Performance Period. 2014 Performance Award Agreement - Stock 2 In addition, when calculating TSR for the Performance Period, (i) the performance of a company in the Peer Group will not be used in calculating the Peer Group’s TSR if the company is not publicly traded (i.e., has no ticker symbol) at the end of the Performance Period; (ii) the performance of any company in the Peer Group that becomes bankrupt during the Performance Period will be included in the calculation of peer group performance even if it has no ticker symbol at the end of the Performance Period; (iii) the performance of the surviving entity(s) will be used in the event there is a combination of any of the Peer Group companies during the Performance Period; (iv) no new companies will be added to the Peer Group during the Performance Period (including a non-peer company that may acquire a member of the Peer Group); and (v) the Committee retains discretion to reduce Performance Awards that were otherwise earned in the event that the Company’s TSR during the Performance Period is negative.

Appears in 1 contract

Samples: Performance Share Award Agreement (Spectra Energy Corp.)

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