Performance Terms. (a) The terms of this Section 2 will apply to your Performance Stock Units except in so far as Section 3 ("Treatment Upon Termination") or Section 5 ("Change in Control") apply.
Performance Terms. (a) Grant Date and number of Stock Units Grant Date: Specified in Notice of Grant hereto Number of Stock Units Subject to Award: Specified in Notice of Grant hereto (the “Target Stock Units”)
Performance Terms. A. Portfolio Manager acknowledges that energy savings will be calculated using CalTRACK version 2.0 as implemented by the AMV Platform managed by NYSERDA. Energy savings as calculated by the AMV Platform will form the Basis-of-Payment.
Performance Terms. Based upon representations made by the Employee, as well as expectations of the Employer, the following performance terms are entered into: Employee understands that failure to reach said benchmarks or performance terms may result in reassignment, demotion or termination. Employee further understands that reaching these benchmarks or performance terms constitutes a reasonable and substantial condition of employment but does not in any way guarantee or promise continued employment. Exhibit 10.1
Performance Terms. OCF agrees to abide by the following terms and conditions and provide the following documentation to the City:
Performance Terms. Based on representations made by the Employee, as well as expectations of the Company, the performance terms set forth in Schedule A are agreed upon between the Parties. Employee understands that failure to reach specific benchmarks or performance terms, as reasonably determined in good faith by the Board of Directors, and in consultation with and accepted by Employee, may result in reassignment, demotion, or termination. Employee further understands that reaching specific benchmarks or performance terms constitutes a reasonable and substantial condition of employment but does not in any way guarantee or promise continued employment. Based on representations made by the Company, Employee’s performance is dependent upon the Company’s successful completion of (i) a bridge round of debt funding of not less than $1,500,000 (the “Bridge Financing”) or a greater amount, on commercially reasonable terms under the circumstances, to be determined by the Board of Directors, of which the initial $1.5M to be funded no later than September 12, 2016 and sufficient to cause the company to become and remain fully solvent and in good financial health, and able to carry out its business plan in the good faith judgement of the Employee and the Baord of Directors and (ii) a minimum financing of an amount to be determined by the Board of Directors to be funded by December 31, 2016 . Company understands that Employee’s reaching specific bench marks or performance terms will not be achievable without such financing.
Performance Terms. The number of RSUs that vest and become converted on each Vesting Date into the right to receive a number of shares of Common Stock will be adjusted upward or downward on each Vesting Date by a percentage (not to exceed twenty five percent (25%)) equal to (A) for the First Vesting Date, the average Corporate APB Funding Multiplier applicable for fiscal years 2019 and 2020 and (B) for the Second Vesting Date, the average Corporate APB Funding Multiplier applicable for fiscal years 2019, 2020, and 2021, provided that if the average Corporate APB Funding Multiplier applicable on a Vesting Date is less than fifty percent (50%), no RSUs will vest on the applicable Vesting Date and all RSUs that were subject to vest on the applicable Vesting Date will immediately be forfeited and cancelled. In the event that the adjustment set forth in this Section 4(b) results in the right to receive a partial share of Common Stock, the partial share will be rounded down to zero.
Performance Terms. Based upon representations made to the Company, by the Consultant of their organization, as well as reasonable expectations of the Company, from the Consultant, the following performance terms apply: [See attached.] Consultant understands and agrees that any failure to deliver the "services as described", may result in termination and possibly non-payment for any services disputed or considered not received; Delivery constitutes a reasonable and substantial condition of this engagement but in no way guarantees any continued relationship or engagement.
Performance Terms. Conditions The Company grants Bream up to a maximum of an additional 187,500 stock options over and above the 392,500 options agreed to in Exhibit B herein under the following terms and conditions:
Performance Terms. H&B agrees to deliver a total of 500,000 Product units each term, within no more than 180 days total from the date of a Purchase Order from Kush to H&B, to be delivered in three separate deliveries of full individual containers of 170,000 units per container with the final (third) container to be 160,000 units. Kush will pay to H&B $150,000, upon execution of PO and a balance of set forth in the table Exhibit A ). Kush will inspect and confirm the content of each shipping within 5 business days. Deliveries will be FOB Denver, CO. Payment shall be in the United States dollars and shall be presented per direction of H&B in Denver; CO. Kush deposit to H & B Inc for $150,000.00 provided as Exhibit B. This money will be used to secure the material and the manufacturer to get “The Satchel” into production for a 6-8 week delivery time frame. ACC will put up as collateral to the above named company 200,000 shares of Brazil Interactive Media (BIMI parent of H & B) stock. Once delivery of the 500k bags, is in Kush Colorado’s warehouse in Denver the collateral is released, . Once the 500k units have been bought per this agreement, ACC will assign 20,000 shares of BIMI stock to Kush Bottles Inc. H&B has the right to claw back all shares from Kush Bottles Inc. if the payment terms set forth in Exhibit A are not fully fulfilled.
