75th Percentile definition
75th Percentile means in accordance with standard statistical methodology, for any applicable measurement period, the Total Return to Shareholders which equals or exceeds the total return to shareholders of 75% of the REITs included in the Peer Group. “55th Percentile” means in accordance with standard statistical methodology, for any applicable measurement period, the Total Return to Shareholders which equals or exceeds the total return to shareholders of 55% of the REITs included in the Peer Group. The Grantee shall have “Good Reason” where a Grantee gives notice to the Company of the occurrence of any of the following without such Grantee’s express written consent: (a) the failure of the Company to pay or cause to be paid such Grantee’s base salary, annual cash performance bonus or any other material compensation or benefits within five (5) days of the date due; (b) a material diminution in such Grantee’s title or authority; (c) a material reduction in such Grantee’s base salary (excluding across-the-board reductions that apply to similarly-situated executives); or (d) the relocation of such ▇▇▇▇▇▇▇’s principal office to a location more than 40 miles from its current location. Notwithstanding the foregoing, (i) Good Reason shall not be deemed to exist if the Partnership, Company or any Subsidiary has in good faith notified such Grantee of Cause to terminate such Grantee’s employment prior to such Grantee identifying Good Reason; and (ii) a Grantee may not terminate his or her employment for Good Reason unless and until (A) such Grantee gives to the Company a written notice identifying the event or condition purportedly giving rise to Good Reason expressly referencing the definition of “Good Reason” in this Agreement within ninety (90) days of such event or the initial existence of such condition; (B) the Company is given thirty (30) days from the date notice of Good Reason to cure such event or condition and the Company does not cure such event or condition within such thirty (30)-day period; and (C) Grantee gives the Company written notice of termination on account of such event or circumstance within ten (10) days after the expiration of the cure period (specifying a termination date no less than ten (10) days, nor more than thirty (30) days, after the date of such notice of termination).
75th Percentile means in accordance with standard statistical methodology, for any applicable measurement period, the Total Return to Shareholders which equals or exceeds the total return to shareholders of 75% of the REITs included in the Peer Group. “Employment Agreement” means the employment agreement by and between the Grantee and the Company, the Partnership or a Subsidiary as in effect on the Grant Date, if any. “55th Percentile” means in accordance with standard statistical methodology, for any applicable measurement period, the Total Return to Shareholders which equals or exceeds the total return to shareholders of 55% of the REITs included in the Peer Group. “Initial Vesting Date” means the earlier of (a) February 15, 20__, and (b) the date upon which a Change in Control shall occur. “Maximum Total Return to Shareholders” means Total Return to Shareholders equal to 36.8%.