Performance Threshold. (a) For purposes of this Agreement, the “Performance Threshold” for any year shall be satisfied if the XXX (as defined below) for that year is greater than the 5 Yr Avg Cost of LT Debt (as defined below) for that year.
Performance Threshold. The distribution of the Escrow Shares shall be based upon the following performance threshold (the “Performance Threshold”) for the fiscal year ended December 31, 2011 (“Fiscal Year 2011”):
Performance Threshold. If the Company does not achieve the specified percentage, which is based on a scale of 100%, of the following Performance Thresholds, the Escrowed Shares shall be disbursed to the Investors as set forth herein:
Performance Threshold. Starting Program Year 10, the Program will enroll, actively manage, and protect 500 active riparian habitat acres.
Performance Threshold. Starting Year 5 following the execution of the Funding Agreement, 353 acres of permanently protected vernal pool complex managed to support increased vernal pool complex functionality.
Performance Threshold. In order for any portion of the Performance Unit Award to become earned (and payable) under this Agreement, the Company’s _____________ for the fiscal year ending December 31, 20__ must equal or exceed ________ .
Performance Threshold the full extent of Project Implementation Actions and Benefit Implementation Actions and the quantity of Benefit Environmental Response anticipated to be achieved by implementation of with-project actions (Project Implementation Actions and Benefit Implementation Actions) compared to without-project actions (future baseline) or pre-project conditions (pre-project baseline), based on best available science at the time of contract execution.
Performance Threshold. (1) The Transferors shall be responsible to register the equity transfer under this Agreement with the relevant administrative bureau for industry and commerce. Meantime, Party B shall pledge the remaining 49% of the equity interest of the Target Company he holds (the “Pledged Equity”) to Party A and shall register the aforementioned pledge with the relevant administrative bureau for industry and commerce, as a guarantee for Party B’s payment of “2012 Cash Compensation” and performance of other obligations by the Transferors hereunder.
Performance Threshold. The distribution of one million eight hundred forty eight thousand seven hundred thirty nine (1,848,739) of the Escrow Shares (“PT Escrow Shares”) shall be based upon the following performance threshold:
Performance Threshold. On the first occasion (if any) during the CFO’s employment that the Average Grindr Market Cap exceeds $5 billion (a “Performance Date”), the CFO shall be granted a number of RSUs equal to (a) $1,620,000 divided by (b) the average VWAP for the 90 trading days preceding such Performance Date, with such number of RSUs rounded down to the nearest whole unit. • On the first occasion (if any) during the CFO’s employment that the Average Grindr Market Cap exceeds $7.5 billion (also a “Performance Date”), the CFO shall receive a number RSUs equal to (a) $810,000 divided by (b) the average VWAP for the 90 trading days preceding such Performance Date, with such number of RSUs rounded down to the nearest whole unit. • On the first occasion (if any) during the CFO’s employment that the Average Grindr Market Cap exceeds $10 billion (also a “Performance Date”), the CFO shall receive a number RSUs equal to (a) $810,000 divided by (b) the average VWAP for the 90 trading days preceding such Performance Date, with such number of RSUs rounded down to the nearest whole unit. Performance-Based Award Grant Date As soon as practicable following achievement of the applicable Performance Date. Vesting Schedule • If a Performance-Based Equity Award is granted prior to the first anniversary of the Start Date (the “First Anniversary”), such award shall fully vest on the earlier to occur of (i) the First Anniversary and (ii) the effective date of a change in control, subject, in either case, to the CFO’s continued employment in good standing by the Company through the vesting date. • If a Performance-Based Equity Award is granted on or after the First Anniversary, such award shall be fully vested on the grant date. Termination of the Transactions or the Merger Agreement Alternative Award Vehicles In the event the transactions contemplated by the Merger Agreement are not consummated for any reason (or in the event the Merger Agreement is terminated in accordance with its terms), subject to approval by the then-current Board, the Company shall arrange for the grant of alternative equity or equity-based awards (such as option awards or RSU awards with a liquidity event requirement) to the CFO in lieu of the Time-Based Equity Award and the Performance- Based Equity Awards, with such alternative award vehicles (a) providing equivalent Total Equity Award Value and (b) subject to substantially similar terms and conditions as the Time-Based Equity Award and the Performance-Based Equity Awards...
