Performance Agreement Sample Contracts

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2017 Executive Performance Agreement - Covered Executives (April 28th, 2017)

Depending on whether the achievement of the Performance Metric is at, below or above the target metric amount (i.e. 100% Attainment of Performance Metric), your calculated Total Opportunity earned will be increased or decreased in accordance with the table set forth below. This calculated Total Opportunity incentive payment amount, whether or not adjusted based on the Attainment Percentage of the Performance Metric, may also be reduced as described herein.

Global Net Lease, Inc. – 2015 Advisor Multi-Year Outperformance Agreement (March 1st, 2016)

This SECOND AMENDED AND RESTATED 2015 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this "Agreement") made as of February 25, 2016, by and among GLOBAL NET LEASE INC., a Maryland corporation (the "Company"), its subsidiary GLOBAL NET LEASE OPERATING PARTNERSHIP, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the "Partnership"), and GLOBAL NET LEASE ADVISORS, LLC, a Delaware limited liability company, the Company's manager (the "Advisor").

New York REIT, Inc. – New York Reit, Inc. Second Amended and Restated 2014 Advisor Multi-Year Outperformance Agreement (November 9th, 2015)

This 2014 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this "Agreement") effective as of August 5, 2015, by and among NEW YORK REIT, INC., a Maryland corporation (the "Company"), its subsidiary NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the "Partnership"), and NEW YORK RECOVERY ADVISORS, LLC, a Delaware limited liability company, the Company's manager (the "Advisor").

New York REIT, Inc. – New York Reit, Inc. Amended and Restated 2014 Advisor Multi-Year Outperformance Agreement (August 7th, 2015)

This 2014 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this "Agreement") made as of August 5, 2015, by and among NEW YORK REIT, INC., a Maryland corporation (the "Company"), its subsidiary NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the "Partnership"), and NEW YORK RECOVERY ADVISORS, LLC, a Delaware limited liability company, the Company's manager (the "Advisor").

Global Net Lease, Inc. – Global Net Lease, Inc. 2015 Advisor Multi-Year Outperformance Agreement (June 8th, 2015)

This 2015 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this "Agreement") made as of June 2, 2015 (the "Grant Date"), by and among GLOBAL NET LEASE INC., a Maryland corporation (the "Company"), its subsidiary Global Net Lease Operating Partnership, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the "Partnership"), and Global Net Lease Advisors, LLC, a Delaware limited liability company, the Company's manager (the "Advisor").

Global Net Lease, Inc. – Global Net Lease, Inc. 2015 Advisor Multi-Year Outperformance Agreement (June 2nd, 2015)

This 2015 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this "Agreement") made as of June 2, 2015 (the "Grant Date"), by and among GLOBAL NET LEASE INC., a Maryland corporation (the "Company"), its subsidiary Global Net Lease Operating Partnership, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the "Partnership"), and Global Net Lease Advisors, LLC, a Delaware limited liability company, the Company's manager (the "Advisor").

2015 Executive Performance Agreement (May 8th, 2015)

Depending on whether the achievement of the Performance Metric is at, below or above the target metric amount, your calculated Total Opportunity earned will be increased or decreased in accordance with the table set forth below. This calculated Total Opportunity incentive payment amount, whether or not adjusted based on the Attainment Percentage of the Performance Metric, may also be reduced depending on your quarterly and annual Performance Factor (PF).

Momentous Entertainment Group Inc – Contract (May 6th, 2015)
OxySure Systems Inc – SECOND AMENDED AND RESTATED PERFORMANCE AGREEMENT Between FRISCO ECONOMIC DEVELOPMENT CORPORATION and OXYSURE SYSTEMS, INCORPORATED (March 31st, 2015)

This Second Amended and Restated Performance Agreement (the "Agreement") is made and entered into by and between the Frisco Economic Development Corporation, (the "FEDC"), a Texas corporation organized and existing under Chapter 501 and 504 of the Texas Local Government Code, known as the Development Corporation Act, as amended from time to time (the "Act") and OxySure Systems, Incorporated, a Delaware corporation (the "COMPANY").

Rcs Capital Corporation – Amendment No. 2 to Amended and Restated 2013 Multi-Year Outperformance Agreement (March 11th, 2015)

This AMENDMENT NO. 2 TO THE AMENDED AND RESTATED 2013 MULTI-YEAR OUTPERFORMANCE AGREEMENT, dated as of December 31, 2014 (this "Amendment"), is entered into by and among RCS Capital Corporation (the "Company"), RCS Capital Holdings, LLC ("Holdings"), and RCS Capital Management, LLC, the Company's service provider (the "Service Provider").

Guaranty and Performance Agreement (December 31st, 2014)

This Guaranty, dated as of December 30, 2014 (this Guaranty), is by Fosun International Limited (the Guarantor) in favor of Meadowbrook Insurance Group, Inc., a Michigan corporation (the Guaranteed Party). Reference is hereby made to the Agreement and Plan of Merger among Miracle Nova II (US), LLC, a Delaware limited liability company (Parent), Miracle Nova III (US), Inc., a Delaware corporation (Sub), and the Guaranteed Party, dated as of the date of this Guaranty (as the same may be amended from time to time in accordance with its terms, the Merger Agreement). Capitalized terms used in this Guaranty but not otherwise defined have the meanings ascribed to them in the Merger Agreement.

Guaranty and Performance Agreement (December 31st, 2014)

This Guaranty, dated as of December 30, 2014 (this Guaranty), is by Fosun International Limited (the Guarantor) in favor of Meadowbrook Insurance Group, Inc., a Michigan corporation (the Guaranteed Party). Reference is hereby made to the Agreement and Plan of Merger among Miracle Nova II (US), LLC, a Delaware limited liability company (Parent), Miracle Nova III (US), Inc., a Delaware corporation (Sub), and the Guaranteed Party, dated as of the date of this Guaranty (as the same may be amended from time to time in accordance with its terms, the Merger Agreement). Capitalized terms used in this Guaranty but not otherwise defined have the meanings ascribed to them in the Merger Agreement.

American Realty Capital Healthcare Trust Inc – Agreement Terminating the American Realty Capital Healthcare Trust, Inc. 2014 Advisor Multi-Year Outperformance Agreement (June 5th, 2014)

This AGREEMENT TERMINATING THE AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC. 2014 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT, dated as of June 1, 2014 (this "Agreement"), is entered into by and among American Realty Capital Healthcare Trust, Inc. (the "Company"), American Realty Capital Healthcare Trust Operating Partnership, L.P. (the "Partnership"), and American Realty Capital Healthcare Advisors LLC (the "Advisor").

American Realty Capital Healthcare Trust Inc – Agreement Terminating the American Realty Capital Healthcare Trust, Inc. 2014 Advisor Multi-Year Outperformance Agreement (June 5th, 2014)

This AGREEMENT TERMINATING THE AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC. 2014 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT, dated as of June 1, 2014 (this "Agreement"), is entered into by and among American Realty Capital Healthcare Trust, Inc. (the "Company"), American Realty Capital Healthcare Trust Operating Partnership, L.P. (the "Partnership"), and American Realty Capital Healthcare Advisors LLC (the "Advisor").

Rcs Capital Corporation – Amendment No. 1 to Amended and Restated 2013 Multi-Year Outperformance Agreement (May 2nd, 2014)

This AMENDMENT NO. 1 TO AMENDED AND RESTATED 2013 MULTI-YEAR OUTPERFORMANCE AGREEMENTS, dated as of April 28, 2014 (this "Amendment"), is entered into by and among RCS Capital Corporation (the "Company"), RCS Capital Holdings, LLC (the "Partnership"), and RCS Capital Management, LLC, the Company's service provider (the "Service Provider").

2014 Executive Performance Agreement (April 25th, 2014)

Depending on whether the achievement of the Performance Metric is at, below or above the target metric amount, your calculated Total Opportunity earned will be increased or decreased in accordance with the table set forth below. This calculated Total Opportunity incentive payment amount, whether or not adjusted based on the Attainment % of the Performance Metric, may also be reduced depending on your quarterly and annual Performance Factor (PF).

New York REIT, Inc. – New York Reit, Inc. 2014 Advisor Multi-Year Outperformance Agreement (April 15th, 2014)

This 2014 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this "Agreement") made as of April 15, 2014 (the "Grant Date"), by and among NEW YORK REIT, INC., a Maryland corporation (the "Company"), its subsidiary NEW YORK RECOVERY Operating Partnership, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the "Partnership"), and NEW YORK RECOVERY ADVISORS, LLC, a Delaware limited liability company, the Company's manager (the "Advisor").

American Realty Capital Healthcare Trust Inc – American Realty Capital Healthcare Trust, Inc. 2014 Advisor Multi-Year Outperformance Agreement (April 7th, 2014)

This 2014 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this "Agreement") made as of April 7, 2014 (the "Grant Date"), between AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., a Maryland corporation (the "Company"), its subsidiary american realty capital healthcare trust Operating Partnership, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the "Partnership"), and american realty capital healthcare ADVISORS LLC, a Delaware limited liability company, the Company's manager (the "Advisor").

Rcs Capital Corporation – Rcs Capital Corporation 2013 Multi-Year Outperformance Agreement (August 2nd, 2013)

This 2013 MULTI-YEAR OUTPERFORMANCE AGREEMENT (this "Agreement") made as of June 10, 2013 (the "Grant Date"), between RCS Capital Corporation, a Delaware corporation (the "Company"), its subsidiaries Realty Capital Securities, LLC, a Delaware limited liability company ("RCSCCS"), RCS Advisory Services, LLC, a Delaware limited liability company ("RCSAS"), and American National Stock Transfer, LLC, a Delaware limited liability company ("ANST"), which are the entities through which the Company conducts substantially all of its operations (collectively, the "Partnerships"), and RCS Capital Management, LLC, a Delaware limited liability company, the Company's manager (the "Manager").

Rcs Capital Corporation – Rcs Capital Corporation 2013 Multi-Year Outperformance Agreement (May 30th, 2013)

This 2013 MULTI-YEAR OUTPERFORMANCE AGREEMENT (this "Agreement") made as of _______________, 2013 (the "Grant Date"), between RCS Capital Corporation, a Delaware corporation (the "Company"), its subsidiaries Realty Capital Securities, LLC, a Delaware limited liability company ("RCSCCS"), RCS Advisory Services, LLC, a Delaware limited liability company ("RCSAS"), and American National Stock Transfer, LLC, a Delaware limited liability company ("ANST"), which are the entities through which the Company conducts substantially all of its operations (collectively, the "Partnerships"), and RCS Capital Management, LLC, a Delaware limited liability company, the Company's manager (the "Manager").

2013 Executive Performance Agreement (April 26th, 2013)

Depending on whether the achievement of the Performance Metric is at, below or above the target metric amount, your calculated Total Opportunity earned will be increased or decreased in accordance with the table set forth below. This calculated Total Opportunity incentive payment amount, whether or not adjusted based on the Attainment % of the Performance Metric, may also be reduced depending on your quarterly and annual Performance Factor (PF).

American Realty Capital Propert – American Realty Capital Properties, Inc. 2013 Advisor Multi-Year Outperformance Agreement (March 6th, 2013)

This 2013 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this "Agreement") made as of February 28, 2013 (the "Grant Date"), between AMERICAN REALTY CAPITAL PROPERTIES, INC., a Maryland corporation (the "Company"), its subsidiary ARC Properties Operating Partnership, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the "Partnership"), and ARC Properties Advisors LLC, a Delaware limited liability company, the Company's manager (the "Advisor").

Ds Healthcare Group Inc. – Performance Agreement (January 15th, 2013)

This Performance Agreement (the "Agreement") is made as of this 11TH day of December, 2012, by and among DS Healhcare Group Inc., a Florida corporation ("DSKX") and Fernando Tamez Gutierrez ("Fernando Tamez", Fernando Tamez and DSKX are jointly referred to as the "Parties").

OxySure Systems Inc – AMENDED AND RESTATED PERFORMANCE AGREEMENT Between FRISCO ECONOMIC DEVELOPMENT CORPORATION and OXYSURE SYSTEMS, INCORPORATED (May 27th, 2011)

By the execution hereof, each signatory hereto represents and affirms that he is acting on behalf of the party indicated, that such party has taken all action necessary to authorize the execution and delivery of the Agreement and that the same is a binding obligation on such party.

Pandora Media Inc. – BMI(r) http://www.bmi.com WEB SITE MUSIC PERFORMANCE AGREEMENT (February 22nd, 2011)

AGREEMENT, made on June 30, 2005, by and between BROADCAST MUSIC, INC. (BMI or we), a New York corporation with its principal offices at 320 West 57th Street, New York, New York 10019 and SAVAGE BEAST TECHNOLOGIES, INC. (LICENSEE or you), a California (State)

2010 Executive Performance Agreement (April 6th, 2010)

Depending on whether the achievement of the Performance Metric is at, below or above the target metric amount, your calculated Total Opportunity earned will be increased or decreased in accordance with the table set forth below. This calculated Total Opportunity incentive payment amount, whether or not adjusted based on the Attainment % of the Performance Metric, may also be reduced depending on your quarterly and annual Performance Factor (PF).

OxySure Systems Inc – PERFORMANCE AGREEMENT Between Frisco Economic Development Corporation and OXYSURE SYSTEMS, INC. (August 12th, 2009)

Upon the COMPANY providing documentation reasonably satisfactory to the FEDC that it has met the qualifications, conditions, and requirements set forth below (the "Performance Requirements"), the COMPANY shall receive the following Economic Incentives:

2009 Executive Performance Agreement Pursuant to Cerners 162(m) Performance- Based Compensation Plan (April 6th, 2009)

Your annual Target Bonus Level (TBL) is $<<Total_TBL>> and your 2009 supplemental performance-based cash incentive opportunity (SIO) is $<<Total_SIO>>

2008 Executive Performance Agreement Pursuant to Cerners 162(m) Performance- Based Compensation Plan (April 3rd, 2008)

Plan Metrics Your annual Target Bonus Level (TBL) is $<<Total_TBL>>. Your total opportunity will be comprised of the following metrics:

IA Global, Inc. – Performance Agreement (October 23rd, 2007)

THIS PERFORMANCE AGREEMENT, dated as of October 22, 2007, (this Agreement), is made by and between IA Global, Inc., a corporation organized and existing under the laws of the State of Delaware (the Company or Buyer) and LINC Media, Inc., a corporation organized and existing under the laws of Japan (the Seller). All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in that certain Asset Purchase Agreement by and between Buyer and Seller dated as of the date hereof (the Purchase Agreement).

KNBT Bancorp, Inc. – KNBT BANCORP, INC. EXECUTIVE ANNUAL INCENTIVE PLAN PERFORMANCE AGREEMENT 2006 Grants (November 9th, 2006)

KNBT Bancorp, Inc. ("KNBT"), pursuant to the terms and in accordance with the KNBT Bancorp, Inc. Executive Annual Incentive Plan (the "Plan"), hereby grants to ______________ ("Officer") an Incentive Award under the terms set forth in this Performance Agreement ("Agreement"), effective as of ________________ 2006:

KNBT Bancorp, Inc. – KNBT BANCORP, INC. EXECUTIVE ANNUAL INCENTIVE PLAN PERFORMANCE AGREEMENT [____ Grants] (September 29th, 2005)

KNBT Bancorp, Inc. (KNBT), pursuant to the terms and in accordance with the KNBT Bancorp, Inc. Executive Annual Incentive Plan (the Plan), hereby grants to (Officer) an Incentive Award under the terms set forth in this Performance Agreement (Agreement), effective as of 20 :

Westamerica Bancorporation – Non-Qualified Annuity Performance Agreement Westamerica Bancorporation (March 16th, 2005)

This Agreement is entered into by and between DAVID PAYNE, hereinafter referred to as the Employee, and WESTAMERICA BANCORPORATION, a California corporation, hereinafter referred to as the Corporation, and is based on the following facts and representations:

Westamerica Bancorporation – Non-Qualified Annuity Performance Agreement Westamerica Bancorporation (March 15th, 2005)

This Agreement is entered into by and between DAVID PAYNE, hereinafter referred to as the Employee, and WESTAMERICA BANCORPORATION, a California corporation, hereinafter referred to as the Corporation, and is based on the following facts and representations:

Caremark Rx – OMNIBUS AMENDMENT DATED AS OF NOVEMBER 30, 2004 BY AND AMONG Caremark Inc., AdvancePCS Health, L.P., Caremark Receivables LLC, Caremark Rx, Inc., Caremark International, Inc., Caremark Limited, LLC, Caremark, L.P., THE CONDUITS PARTY HERETO, THE FINANCIAL INSTITUTIONS PARTY HERETO, THE CO-AGENTS PARTY HERETO, AND WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent, AMENDMENT NO. 1 TO RECEIVABLES SALE AGREEMENT AMENDMENT NO. 1 TO RECEIVABLES PERFORMANCE AGREEMENT AMENDMENT NO. 1 TO PERFORMANCE UNDERTAKING OMNIBUS AMENDMENT (December 9th, 2004)

The Existing Originators and the SPV are parties to a Receivables Sale Agreement, dated as of March 24, 2004 (the "Receivables Sale Agreement"), pursuant to which the Existing Originators agreed to sell all of their right, title and interest in and to their existing and thereafter arising Receivables and Related Security.