Earned Units definition
Examples of Earned Units in a sentence
Notwithstanding Section 5(a) of this Agreement, in the event of a Qualifying Termination during the 24-month period immediately following a Change in Control, subject to the Participant’s execution and non-revocation of the Company’s standard form of release of claims, any unvested Time Vesting LTIP Units, Earned Units, and Change in Control Earned Units shall become vested as of the Termination Date.
Any Performance Vesting LTIP Units which become Earned Units pursuant to this Section 5(d) shall become vested in accordance with Section 5(d)(ii).
The number of Performance Units that become Earned Units is determined based on the level of achievement during the Performance Period based on the TSR Percentile Ranking.
In addition, all determinations with respect to the calculation of the TSR Modifier Factor shall be made by the Committee in its sole discretion and the Committee shall certify in writing the final calculation of the TSR Modifier Factor prior to determining the number of Unmodified Earned LTIP Units that become Earned Units.
The number of Performance Vesting LTIP Units in each tranche that become Earned Units shall be based on the achievement of the Performance Conditions set forth below applicable to such tranche and application of the TSR Modifier Factor.
Following the last day of the Performance Period, the Committee shall calculate the Modifier TSR for the Performance Period to determine the percentage, if any, by which the number of Earned Units will be modified based on Modifier TSR for the Performance Period (such percentage, the “TSR Modifier Factor”).
In the event of a Change in Control, in connection with which the successor to the Company fails to assume, convert or replace the LTIP Units, the Time Vesting LTIP Units, Earned Units and the Change in Control Earned Units, to the extent not assumed, will become vested as of immediately prior to the Change in Control.
Any Performance Vesting LTIP Units which become Change in Control Earned Units shall become vested as to 50% of such Change in Control Earned Units as of the date of the Change in Control, and as to the remaining 50% of the Change in Control Earned Units on the first anniversary of the date of the Change in Control.
Any LTIP Units that become Earned Units following the Determination Date based on the prorated LTIP Units shall become fully vested on the Determination Date.
Any Performance Vesting LTIP Units that become Earned Units shall become vested on the Determination Date for the Performance Period.