Performance Based Compensation. The Committee may designate any Award as “performance-based compensation” for purposes of Section 162(m) of the Code. Any Awards designated as “performance-based compensation” shall be conditioned on the achievement of one or more performance measures, and the measurement may be stated in absolute terms or relative to comparable companies.
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Samples: Award Agreement (General Growth Properties Inc), Danielson Holding Corp, Covanta Energy Corp
Performance Based Compensation. The Committee may designate any Award as “performance-based compensation” for purposes of Section 162(m) of the Code. Accordingly, in the case of such Awards, the Plan shall be administered and the provisions of the Plan or any related Award Agreement shall be interpreted in a manner consistent with Section 162(m) of the Code. Any Awards designated as “performance-based compensation” shall be conditioned on the achievement of objective tests based on one or more of the following performance measures, and measures as determined by the measurement may be stated in absolute terms or relative to comparable companies.Committee:
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