Performance Units Generally. Each Performance Unit represents a contractual right to receive one share of Common Stock, subject to the terms and conditions of this Agreement; provided that, based on the relative achievement against the performance objective outlined in Section 2 below (the “Performance Objective”), the number of shares of Common Stock that may be deliverable hereunder in respect of the Performance Units may range from 0% to 200% of the number of Performance Units stated in the preamble to this Agreement (such stated number of Performance Units hereafter called the “Initial Performance Units”). Your right to receive Common Stock in respect of Performance Units is generally contingent, in whole or in part, upon (i) the achievement of the Performance Objective and (ii) except as provided in Section 4 or Section 5, your continued employment with the Company through the date of the Committee’s certification as set forth in Section 2.
Performance Units Generally. Each Performance Unit represents a contractual right to receive one share of Common Stock or an amount of cash equal to the Fair Market Value thereof, subject to the terms and conditions of this Agreement; provided that, based on the relative achievement against the performance objective outlined in Section 3 below (the “Performance Objective”), the aggregate consideration deliverable hereunder in respect of the Performance Units may range from to 0% to 200% of the number of Performance Units stated in the preamble to this Agreement (such stated number of Performance Units hereafter called the “Initial Performance Units”). Your right to receive consideration in settlement of Performance Units is generally contingent, in whole or in part, upon (i) the Company's achievement of the Performance Objective and (ii) except as provided in Section 4 or Section 5 below or in a written employment agreement between you and the Company or one of its Affiliates (your “Employment Agreement”) or any severance or change in control plan or agreement with the Company or its Affiliates pursuant to which you are a party, your continued employment with the Company or one of its Affiliates through the applicable Measurement Date (as set forth in Section 2) upon which such Performance Units vest. Exhibit 10.1
Performance Units Generally. Each Performance Unit represents an unfunded, unsecured right to receive one share of common stock, par value $0.01, of the Company (“Stock”), subject to the terms and conditions of this Agreement; provided, that, based on the relative achievement against each Performance Objective (as defined below), the number of shares of Stock that may be deliverable hereunder in respect of the Performance Units may range from 0% to 150% of the number of Performance Units stated in Section 1 of this Agreement (the number of Performance Units stated in Section 1 of this Agreement, the “Initial Performance Units”). Employee’s right to receive Stock in respect of Performance Units is generally contingent, in whole or in part, upon (i) the achievement of the performance objective outlined in Section 4 below (the “Performance Objective”) and (ii) except as provided in Section 6, Employee’s continued employment with the Company or one of its Subsidiaries through the end of the Performance Period.
Performance Units Generally. Each Performance Unit represents a contractual right to receive one share of Common Stock, subject to the terms and conditions of this Agreement including, without limitation, the relative achievement of the performance objective outlined in Section 2 below (the “Performance Objective”). Your right to receive Common Stock in respect of Performance Units is generally contingent, in whole or in part, upon (i) the achievement of the Performance Objective and (ii) except as provided in Sections 4 or 5, your continued employment with the Company through the date of the Committee’s certification as set forth in Section 2.
Performance Units Generally. Each Performance Unit represents a contractual right to receive one share of Common Stock, subject to the terms and conditions of this Agreement including, without limitation, (i) the relative achievement of the performance objective outlined in Section 2 below (the “Performance Objective”) and (ii) the lapse of the forfeiture restrictions set forth herein. Your right to receive Common Stock in respect of Performance Units is generally contingent, in whole or in part, upon (xi) the achievement of the Performance Objective during the Performance Period and (xii) except as provided in Section 4, your continued employment with the Company through the date of a Change in Control (as defined in Section 5(d) below).
Performance Units Generally. Each Performance Unit represents an unfunded, unsecured right to receive one share of Stock (or cash equal to the Fair Market Value or the Change of Control Closing Value thereof, as applicable), subject to the terms and conditions of this Agreement; provided, that, based on the relative achievement against the Performance Objective (as defined below), the number of shares of Stock that may be deliverable in respect of the Performance Units awarded hereunder may range from 0% to 175% of the Target Number of Performance Units. Employee’s right to receive Stock in respect of the Performance Units is Performance Unit Award Agreement Page 2 of 11 Date of Grant: [____________] [Name of Employee] generally contingent, in whole or in part, upon (i) the achievement of the performance objective outlined in Section 4 hereof (the “Performance Objective”) and (ii) except as provided in Section 6 hereof, Employee’s continued employment with the Company or one of its subsidiaries through the end of the Performance Period.
