Actual Performance definition
Actual Performance shall have the meaning set out in Paragraph 6.3 of Schedule 4.
Actual Performance means, with respect to any unvested Titanium OP Incentive Unit that is subject to performance-based vesting and any unvested Titanium PSU Award, as applicable, the average of the actual performance achievement, determined as of the Effective Time, of the two performance metrics applicable to each such grant, as such actual performance achievement with respect to each individual metric is otherwise determined in accordance with the terms of the applicable Titanium Equity Award agreement. An “Affiliate” of any Person means another Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such first Person. For purposes of this definition, “control(s)” means possession, directly or indirectly, of the power to designate and direct or cause the designation and direction of the management and policies of a Person, whether through the ownership of voting securities, by contract, or otherwise. For the avoidance of doubt, a Person shall be deemed to control another Person if such Person is the sole general partner, sole managing general partner or sole managing member of such other Person. The terms “controlled by” and “under common control with” shall have correlative meanings.
Actual Performance means, with respect to any unvested Titanium OP Incentive Unit that is subject to performance-based vesting and any unvested Titanium PSU Award, as applicable, the average of the actual performance achievement, determined as of the Effective Time, of the two performance metrics applicable to each such grant, as such actual performance achievement with respect to each individual metric is otherwise determined in accordance with the terms of the applicable Titanium Equity Award agreement.
Examples of Actual Performance in a sentence
In addition, the Executive or Executive’s estate, as the case may be, shall be entitled to receive the Bonus for the Fiscal Year in which such termination occurs, which is provided under the Bonus formula for such Fiscal Year, based on Actual Performance for such Fiscal Year as if the Executive had remained in the employ of the Company through the end of such Fiscal Year.
Both the number of Target Performance Shares and Actual Performance Shares shall be subject to adjustment as set forth in the Plan.
The number of Actual Performance Shares to which Participant may become entitled under this Agreement shall be calculated following the end of the Performance Period and shall be based on the level at which the Performance Goals for the Performance Period are determined to have been attained.
The Actual Performance Shares so determined represent the maximum number of Shares in which Participant can vest hereunder.
Based Equity Awards Based on Actual Performance upon Change of Control.
More Definitions of Actual Performance
Actual Performance for each Investment shall mean, at the time of calculation, an amount equivalent to the balance of a notional bank account earning interest at the rate of return specified in the Performance Fee Calculation (compounded annually with full reinvestment of interest income):
Actual Performance shall be an amount equal to the sum of actual (i) Revenue Factor, (ii) EBITDA Factor and (iii) Net Income Factor, for any Performance Year.
Actual Performance means actual performance through the most recent practicable date prior to the Closing Date, as determined in good faith by the Compensation Committee of the Company Board (“Compensation Committee”), with performance for any portion of the applicable performance period that remains following the Closing Date included at the greater of forecast for the remainder of the period and target level.
Actual Performance means (C) the Highest Four-Quarter Adjusted EBITDA as defined in Exhibit A but calculated effective through the most recent quarter-end as of the Termination Date, and (D) the Highest Average Stock Price as defined in Exhibit A but calculated effective through the trading day prior to the Termination Date.
Actual Performance means the Service Level actually achieved, over a given period, for a Service provided by the Service Provider when measured in accordance with Schedule 3;
Actual Performance has the meaning given to it in Exhibit 4-B, Section 6. ASCENSION HEALTH CONFIDENTIAL Exhibit 1 Page 1
Actual Performance. The actual result achieved for an Operating Metric during the Measurement Period. b) “Lower Bound” - means, with respect to any Operating Metric, the Actual Performance for such Operating Metric that would result in a Performance Score for such Operating Metric of [**]%. c) “Performance Score” - means the percentage value assigned to the Operating Metric based on the relationship of the Actual Performance for the Operating Metric as compared to the Performance Target metric value as measured based on the relationship between the Performance Target and the Lower Bound and the Upper Bound. The Performance Score range for any one Operating Metric may not be greater than [**]% or less than [**]%. For any Operating Metric, the Performance Score resulting from Actual Performance shall equal the sum of: (i) the product of (x) a fraction, the numerator of which is [**]%* and the denominator of which is the result of the Upper Bound for such Operating Metric less the Performance Target for such Operating Metric) multiplied by (y) the result of the Actual Performance for such Operating Metric less the Performance Target for such Operating Metric; plus (ii) [**]%. For further clarity, the formula above expressed mathematically is: [([**]%)/(Upper Bound – Performance Target)*(Actual Performance – Performance Target)] + [**]% [**] Indicates that text has been omitted which is the subject of a confidential treatment request. The text has been separately filed with the Securities and Exchange Commission. * The 50% numerator of this fraction is derived from subtracting the [**]% mid-point from the [**]% Upper Bound.