Actual Performance definition

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.

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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.

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 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 in Exhibit 4-B, Section 6(a). “Acute Care” means diagnostic, therapeutic and rehabilitation services provided by or under the supervision of physicians, to inpatients or outpatients, for medical diagnosis, treatment, or care (including of injured, disabled, or sick persons), which shall include services which should be submitted on claim form CMS-1450 per CMS guidelines. For the purposes of this Agreement, the term Acute Care may

Actual Performance has the meaning given in Schedule 2.2 (Performance Levels);

Actual Performance means the PMPM earned by a Provider Group based on performance during the Measurement Period and paid out after the Measurement Period. It is calculated as the sum of the PMPM earned on each Performance Scorecard measure.