Over-Performance definition
Examples of Over-Performance in a sentence
If such stockholder approval is not obtained for the 2009 Plan, the Over-Performance Shares will be issued, on the Vesting Date, pursuant to the 2007 Plan.
The Over-Performance Adjustment for a Pilot Year will be calculated at the end of such Pilot Year in accordance with Section 6.2, and will be applied to the Participant’s Monthly Settlements in the following Pilot Year, or during the Residual Term, as applicable.
If the Over-Performance Adjustment is applicable, Eq. 3 sets out the calculation for the Over- Performance Adjustment ($) applicable to month “m” in Pilot Year “y”.
For clarity, the Over-Performance Adjustment will not be applied in the first Pilot Year.
If the Company determines that the Participant has violated the terms of this Section 6, then all unvested Restricted Shares shall be automatically forfeited to the Company and the right to receive any unvested Over-Performance Shares shall be automatically forfeited.
Subject to the other provisions of this Section 2, the Restricted Shares and Over-Performance Shares shall vest in accordance with the vesting table (the “Vesting Table”) set forth on the cover page of this Agreement, based on the Company’s achievement of [insert performance metric] for the Performance Period shown on the cover page of this Agreement.
As more fully specified in Exhibit J, the Over-Performance Adjustment will be calculated for each Interruption Hour in the applicable Pilot Year in which the Facility’s Actual Demand is less than the Over-Performance Threshold and the Over-Performance Adjustments will be settled in the subsequent Pilot Year or the Residual Term, as applicable.
If the ICI Return Adjustment will not be applied and the Participant and the [Sponsor] agree in writing to settle any Non-Performance Adjustments or Over-Performance Adjustments that would otherwise be applicable during the Residual Term as a single lump sum payment within [20] Business Days following the Facility End Date, then the Participant will not be subject to a Residual Term.
The date on which the Compensation Committee certifies whether a performance target has been achieved that results in the vesting of some or all of the Restricted Shares and/or the Over-Performance Shares is referred to in this Agreement as the “Vesting Date.” On the Vesting Date, all Restricted Shares that do not vest shall be US1DOCS 7376516v2 automatically forfeited to the Company and the right to receive any Over-Performance Shares that do not vest shall be automatically forfeited.
Subject to the other provisions of this Section 2, the Restricted Shares and Over-Performance Shares shall vest in accordance with the vesting table (the “Vesting Table”) set forth on the cover page to this Agreement, based on the Company’s achievement of Relative Total Shareholder Return for the Performance Period shown on the cover page of this Agreement.