Third Performance Condition definition

Third Performance Condition means that the Lebanon Sales Contract shall have closed pursuant to its approved terms by September 5, 2002 (or October 5, 2002, if the Buyer exercises its right to a thirty (30)-day extension), the Sales Contract as to the Monroe Project shall have closed pursuant to its approved terms by August 30, 2002 and the Fresno Sales Contract shall have closed pursuant to its approved terms by July 20, 2002, with application of the sales proceeds to payment of the minimum release price on the Project Loans as contemplated by Section 2.2 of this Agreement. "Title Commitment" shall have the meaning set forth in Section 2.9 of this Agreement. "Title Policy" shall have the meaning set forth in Section 2.9 of this Agreement. "Transfer Documents" shall mean the documents identified on Exhibit I attached hereto and made a part hereof, and in the forms attached to Exhibit I, as Schedules 1 through 3, inclusive, and such additional documents as KCCI may require pursuant to Section 2.9(b) in form and substance acceptable to KCCI. "Troutdale Project" shall mean the Project located in Troutdale, Oregon upon the real property as described in Exhibit A. “2001-2002 Insurance Program” shall have the meaning set forth in Section 4.1(o)(ii) of this Agreement. "Unauthorized Failure" shall have the meaning set forth in Section 7.1(b)(i)(J) of this Agreement. "Workout Documents" shall mean, collectively, the following documents: (a) this Agreement; (b) the Transfer Documents; (c) the Deeds in Escrow Agreement; (d) the Collection Account Agreement; (e) the Cash Flow Assignment Agreement; and (f) all other documents contemplated by this Agreement or by any document included as an Exhibit hereto. ARTICLE II
Third Performance Condition means that: (a) each of the loans contemplated by the Refinancing Commitments shall have closed pursuant to the terms of such Refinancing Commitments on or before the tenth (10th) Business Day after the Effective Date; and (b) the proceeds of each such loan shall have been applied to the payment of the Release Price applicable to the Refinancing Project.

Examples of Third Performance Condition in a sentence

  • The Borrower will have the right to sell any of the Sales Projects, until the first lapse of a deadline set in any of the First Performance Condition, the Second Performance Condition or the Third Performance Condition, as is applicable to such Project, without satisfaction of such Performance Condition as to such Sales Project.

  • At the Closing, Borrower shall deposit in escrow with the Escrow Agent the executed Transfer Documents for each Project; provided, however, that Borrower shall be obligated to deposit the executed Transfer Documents for the Refinancing Projects in escrow within twelve (12) Business Days after the Effective Date, but only if the Third Performance Condition is not satisfied by the tenth (10th) Business Day after the Effective Date.

  • In connection with sale of a Sales Project satisfying the Third Performance Condition, or refinancing of a Refinancing Project satisfying the Sixth Performance Condition, KCCI shall provide a Release for such Sales Project or Refinancing Project.

  • At the Closing, Borrower shall deposit in escrow with the Escrow Agent the executed Transfer Documents for each Project; provided, however, that Borrower shall be obligated to deposit in escrow the executed Transfer Documents for the Fresno Projects not later than July 25, 2002, but only if the Third Performance Condition is not satisfied as to the Fresno Project by July 20, 2002.

  • In connection with refinancing of a Refinancing Project satisfying the Third Performance Condition, KCCI shall provide a Release for such Refinancing Projects.

  • PC3 – Growth in FUA over four years – Third Performance Condition'.

Related to Third Performance Condition

  • Performance Condition means any performance condition imposed under rule 3;

  • Performance Conditions means specific levels of performance of the Company (and/or one or more members of the Company Group, divisions or operational and/or business units, product lines, brands, business segments, administrative departments, or any combination of the foregoing), which may be determined in accordance with GAAP or on a non-GAAP basis, including, without limitation, the following measures: (i) net earnings, net income (before or after taxes), or consolidated net income; (ii) basic or diluted earnings per share (before or after taxes); (iii) net revenue or net revenue growth; (iv) gross revenue or gross revenue growth, gross profit or gross profit growth; (v) net operating profit (before or after taxes); (vi) return measures (including, but not limited to, return on investment, assets, capital, employed capital, invested capital, equity, or sales); (vii) cash flow measures (including, but not limited to, operating cash flow, free cash flow, or cash flow return on capital), which may be but are not required to be measured on a per share basis; (viii) actual or adjusted earnings before or after interest, taxes, depreciation, and/or amortization (including EBIT and EBITDA); (ix) gross or net operating margins; (x) productivity ratios; (xi) share price (including, but not limited to, growth measures and total stockholder return); (xii) expense targets or cost reduction goals, general and administrative expense savings; (xiii) operating efficiency; (xiv) objective measures of customer/client satisfaction; (xv) working capital targets; (xvi) measures of economic value added or other ‘value creation’ metrics; (xvii) enterprise value; (xviii) sales; (xix) stockholder return; (xx) customer/client retention; (xxi) competitive market metrics; (xxii) employee retention; (xxiii) objective measures of personal targets, goals, or completion of projects (including, but not limited to, succession and hiring projects, completion of specific acquisitions, dispositions, reorganizations, or other corporate transactions or capital-raising transactions, expansions of specific business operations, and meeting divisional or project budgets); (xxiv) comparisons of continuing operations to other operations; (xxv) market share; (xxvi) cost of capital, debt leverage, year-end cash position or book value; (xxvii) strategic objectives; (xxviii) gross or net authorizations; (xxix) backlog; or (xxx) any combination of the foregoing. Any one or more of the aforementioned performance criteria may be stated as a percentage of another performance criteria, or used on an absolute or relative basis to measure the performance of one or more members of the Company Group as a whole or any divisions or operational and/or business units, product lines, brands, business segments, or administrative departments of the Company and/or one or more members of the Company Group or any combination thereof, as the Committee may deem appropriate, or any of the above performance criteria may be compared to the performance of a selected group of comparison companies, or a published or special index that the Committee, in its sole discretion, deems appropriate, or as compared to various stock market indices.

  • Energy Performance Score means the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings.

  • Qualifying Performance Criteria means any one or more of the following performance criteria, either individually, alternatively or in any combination, applied to either the Company as a whole or to a business unit, Parent, Subsidiary or business segment, either individually, alternatively or in any combination, and measured either annually or cumulatively over a period of years, on an absolute basis or relative to a pre-established target, to previous years’ results or to a designated comparison group, and on a pre-tax or after-tax basis, in each case as specified by the Committee in the Award: (i) cash flow (including operating cash flow or free cash flow); (ii) earnings (including gross margin, earnings before interest and taxes, earnings before taxes, and net earnings); (iii) earnings per share; (iv) growth in earnings or earnings per share; (v) stock price; (vi) return on equity or average stockholders’ equity; (vii) total stockholder return; (viii) return on capital; (ix) return on assets or net assets; (x) return on investment; (xi) revenue; (xii) income or net income; (xiii) operating income or net operating income; (xiv) operating profit or net operating profit; (xv) operating margin; (xvi) return on operating revenue; (xvii) market share; (xviii) contract awards or backlog; (xix) overhead or other expense reduction; (xx) growth in stockholder value relative to the moving average of the S&P 500 Index or a peer group index; (xxi) credit rating; (xxii) strategic plan development and implementation (including individual performance objectives that relate to achievement of the Company’s or any business unit’s strategic plan); (xxiii) improvement in workforce diversity; (xxiv) expenses; (xxv) economic value added; (xxvi) product quality; (xxvii) number of customers; (xxviii) objective customer indicators; (xxix) customer satisfaction; (xxx) new product invention or innovation; (xxxi) profit after taxes; (xxxii) pre-tax profit; (xxxiii) working capital; (xxxiv) sales; (xxxv) advancement of the Company’s product pipeline; (xxxvi) consummation of strategic transactions; (xxxvii) reduction in cash utilization; and (xxxviii) addition of technologies and products. The Committee may appropriately adjust any evaluation of performance under a Qualifying Performance Criteria to exclude any of the following events that occurs during a performance period: (A) asset write-downs; (B) litigation or claim judgments or settlements; (C) the effect of changes in tax law, accounting principles or other such laws or provisions affecting reported results; (D) accruals for reorganization and restructuring programs; and (E) any gains or losses classified as extraordinary or as discontinued operations in the Company’s financial statements.

  • Basket Performance means a decimal number calculated by applying the following formula: X ⎛ Underlyingi,FINAL ⎞⎜⎟BP = ∑⎜ Wi × Underlying ⎟i=1 ⎝i,INITIAL ⎠ where: BP = Basket Performance X = 2 Wi = Weighting of the relevant Underlying Underlying i,FINAL Underlying i,INITIAL= Reference Price of the relevant Underlying with respect to the Valuation Date = Initial Price of the relevant Underlying

  • Total Performance means the date of the City’s acceptance of the Work in writing as fully performed according to the Contract Documents; and

  • Qualified Performance-Based Award means an Award intended to qualify for the Section 162(m) Exemption, as provided in Section 11.

  • Underlying Performance means in relation to the Valuation Date a decimal number calculated by applying the following formula: UP =Underlying FINAL Underlying INITIAL where: UP = Underlying Performance with respect to the Valuation Date UnderlyingFINAL UnderlyingINITIAL= Reference Price of the Underlying with respect to the Valuation Date = Initial Price of the Underlying

  • Performance Requirements The ordering entity reserves the right to inspect and verify that all deliveries are in accordance with specifications, both at the point of delivery and at the point of use. For orders that specify an “authorized party” to receive and inspect deliveries and/or installations, acceptance and inspection procedures must be performed by the” authorized party” to be considered and accepted by the ordering entity. Products inspected at the time of use are subject to refusal and return requirements for issues of quality such as defects in manufacturing and/or workmanship. Products will not be considered accepted by the ordering entity until the installation is complete for the applicable products.

  • Energy savings performance contract means a contract under which the rate of payments is based upon energy and operational cost savings and a stipulated maximum energy consumption level over the life of the contract.

  • Extreme performance coating means coatings designed for harsh exposure or extreme environmental conditions.

  • Additional Performance Security means the Bank Guarantee to be submitted by Successful Bidder in accordance with Clause 8.7 of this RFP Document

  • performance requirement means a requirement that:

  • Financial Performance Covenants means the covenants of the Borrower set forth in Section 10.11.

  • Control Performance Standard or “CPS” shall mean the reliability standard that sets the limits of a Balancing Authority’s Area Control Error over a specified time period.

  • Financial Performance Covenant means the covenant set forth in Section 6.10.

  • Cash Performance Award means an Award that is denominated by a cash amount to an Eligible Person under Section 10 hereof and payable based on or conditioned upon the attainment of pre-established business and/or individual Performance Goals over a specified performance period.

  • Environmental Performance means all or any of the following: the consumption of energy and associated generation of greenhouse gas emissions; the consumption of water; waste generation and management; and any other environmental impact arising from the use or operation of the Premises or the Estate;

  • Performance Contract means the annual agreement negotiated and entered into by a community

  • Condition Satisfaction Date shall have the meaning set forth in Section 7.2.

  • Key Performance Indicator means a measure that captures the performance of a critical variable to expand and improve community-based corrections programs to promote offender success, ensure accountability, enhance public safety, and reduce recidivism.

  • Index Performance means, in relation to an Index and an Auto-Call Valuation Date or the Valuation Date, as the case may be, a percentage calculated by the Calculation Agent in respect of such date in accordance with the following formula: Index Performance =Final Index Level × 100% Initial Index Level

  • Capacity Performance Resource means a Capacity Resource as described in Tariff, Attachment DD, section 5.5A(a).

  • Performance and Guarantee Test means all operational checks and tests required to determine and demonstrate capacity, efficiency and operating characteristics as specified in the Contract Documents.

  • Annual performance report means a written appraisal of the teaching staff member's performance prepared by the teaching staff member’s designated supervisor based on the evaluation rubric for his or her position.

  • Key Performance Indicators or “KPIs” means the performance measurements and targets set out in Part 3 of Schedule 1 (Services) of this Framework Agreement;