Performance Stock. Subject to the terms of the Plan, the Committee shall designate the participants to whom long-term performance stock (“Performance Stock”) is to be awarded and determine the number of shares, the length of the performance period and the other terms and conditions of each such award. Each award of Performance Stock shall entitle the participant to a payment in the form of shares of common stock upon the attainment of performance goals and other terms and conditions specified by the Committee. Notwithstanding satisfaction of any performance goals, the number of shares issued under a Performance Stock award may be adjusted by the Committee on the basis of such further consideration as the Committee in its sole discretion shall determine. The Committee may, in its discretion, make a cash payment equal to the fair market value of shares of common stock otherwise required to be issued to a participant pursuant to a Performance Stock award.
Performance Stock. “Performance Stock” shall mean up to _______ Shares that will be issued to the Participant under this Award Agreement if the Performance Goals are met during the Performance Period and the vesting conditions set forth herein are satisfied.
Performance Stock. The term "Performance Stock" shall have the meaning ascribed to it in Section 10 of the Plan.
Performance Stock. 10.1. Subject to the terms of this Section 10, an Award of Performance Stock provides for the distribution of Stock to a Participant upon the achievement of performance objectives, which may include Performance Goals, established by the Committee.
Performance Stock. The Performance Stock will be subject to a time-based vesting requirement (the “Time-Based Vesting Requirement”) and a performance-based vesting requirement (the “Performance-Based Vesting Requirement”) as set forth on this Schedule 1. To the extent that the Performance-Based Vesting Requirement is satisfied prior to the termination of Executive’s Continuous Service, the Performance Stock will vest without regard to the Time-Based Vesting Requirement. However, the Performance Stock will not vest unless and until the Performance-Based Vesting Requirement has been satisfied, even if the Time-Based Vesting Requirement has been satisfied.
Performance Stock. Performance Stock" shall mean 100,000 Shares that will be issued to the Participant under this Award Agreement if the Performance Goals or such other criteria described hereunder are met during the Performance Period.
Performance Stock. The compensation to be awarded under this Agreement will be in the form of grants of "Performance Stock," which will be credited to a "Performance Stock Account" to be maintained for Employee's benefit. The Performance Stock Account will be maintained solely for accounting purposes and will neither require nor permit a segregation of any Company assets. Performance stock may be issued in whole and/or fractional shares. Each share of Performance Stock will be deemed to be equivalent in value to one share of Company's common stock as herein specified. An award of Performance Stock under this Agreement constitutes a potential right to receive payment and does not confer any dividend rights, voting rights or any other rights of a shareholder with respect to Company common stock.
Performance Stock. On January 3, 2006, and provided that Executive is an employee of the Company at that time, the Company shall grant to Executive an Award of 100,000 shares of the Company's common stock subject to certain restrictions and forfeiture (the "Performance Stock"), which shall be contingent upon attainment of certain performance goals (the "Performance Goals") pursuant to the Company's 2003 Equity Incentive Plan and the terms and conditions set forth in the award agreement attached as Exhibit A hereto (the "Performance Stock Award Agreement"), which shall include the specific Performance Goals. In the event of any inconsistency between the terms of this Agreement and the Performance Stock Award Agreement, the Performance Stock Award Agreement shall govern. Subject to attainment of the Performance Goals, 100,000 shares of Performance Stock shall be issued on January 3, 2009; provided, however, that notwithstanding the foregoing, all of the Performance Stock shall be issued on a Change in Control, Executive's termination without Cause, for Good Reason, Disability, or death. Until issued, the Performance Stock shall not be transferable and shall be subject to forfeiture.
Performance Stock. The Committee shall designate the Participants to whom long-term performance stock ("Performance Stock") is to be awarded and determine the number of shares, the length of the performance period and the other terms and conditions of each such award; provided the stated performance period will not be less than twelve (12) months. Each award of Performance Stock shall entitle the Participant to a payment in the form of shares of Common Stock of the Company upon the attainment of performance goals and other terms and conditions specified by the Committee. Notwithstanding satisfaction of any performance goals, the number of shares issued under a Performance Stock Award may be adjusted by the Committee on the basis of such further consideration as the Committee in its sole discretion shall determine. However, the Committee may not, in any event, increase the number of shares earned upon satisfaction of any performance goal by any Participant who is a Covered Employee. The Committee may, in its discretion, make a cash payment equal to the Fair Market Value of shares of Common Stock otherwise required to be issued to a Participant pursuant to a Performance Stock Award. To the extent a Performance Stock Award constitutes "deferred compensation" within the meaning of Code Section 409A, the Committee shall establish LTIPA terms and provisions that comply with Code Section 409A and regulations thereunder.
Performance Stock. Subject to requisite stockholder approval, the Executive will be granted up to 500,000 fully-vested shares of restricted common stock of the Company, upon the achievement of and subject to the performance goals detailed on Exhibit A, subject to Executive’s Continuous Service as an employee or consultant of the Company or any of its subsidiaries on such grant dates (such shares, the “Performance Stock”). Notwithstanding the foregoing, upon the occurrence of a Change in Control (as defined in the Company’s 2017 Equity Incentive Plan), and subject to Executive’s Continuous Service as an employee or consultant of the Company through such Change in Control, immediately prior to such Change in Control, Executive shall be granted the shares of Performance Stock that Executive has not already been granted as of the date of such Change in Control.”
