Second Performance Period Sample Clauses

Second Performance Period. If, with respect to the Second Performance Period, Delta Two, expressed as a percentage of the EBITDA Target for Fiscal Year 2008, equals or exceeds 33%, the Executive shall be paid a Bonus in Fiscal Year 2011 equal to one and one half (1.5) times his Base Salary for Fiscal Year 2008.
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Second Performance Period. A number of Shares equal to 25% of the Target Shares will be deemed Earned Shares upon the second anniversary of the Grant Date provided that Company has achieved an Adjusted Cash Earnings Per Share of $[___] for the period from [____________] [___], [___] to [____________] [___], [___] [one year] (the “Second Performance Period”). One-half (1/2) of such Earned Shares will become Paid Shares and will be paid as soon as practicable following the determination of performance results for the Second Performance Period but in all events in the calendar year following the Second Performance Period. One-half (1/2) of such Earned Shares will become Claw-Back Shares. In the event that the performance criterion for the Second Performance Period is not met, the Target Shares for the Second Performance Period will become Carry-Over Shares.
Sample 1
Second Performance Period. The Second Performance Period shall be the three Fiscal Year period immediately following the Initial Performance Period. At the end of the Second Performance Period, restrictions shall lapse on the total number of Restricted Shares initially granted hereunder less the number of Restricted Shares upon which restrictions lapsed after the Initial Performance Period in accordance with Section 5(a) of this Agreement.
Sample 1
Second Performance Period. Subject to the terms and conditions of this Notice, the PRSUs covered by this Notice shall Vest, to the extent such PRSUs are not already Vested or forfeited, based on the extent to which the performance goals described in the Statement of Performance Goals for these PRSUs for the period commencing on April 21, 2021 and ending on June 5, 2023 (the “2021-2023 Performance Goals,” and, together with the 2018-2021 Performance Goals, the “Performance Goals”) are achieved, as determined and certified by the Committee from time to time in its sole discretion (the period from April 21, 2021 until June 5, 2023, the “Second Performance Period,” and, together with the First Performance Period, the “Performance Periods”).
Sample 1
Second Performance Period. The number of Earned Units for the Second Performance Period, if any, will be equal to the product of (i) one-third of the Target Number of Units (rounded to the nearest whole number) and (ii) the Performance Multiplier for the Second Performance Period, provided that the maximum number of Earned Units for the Second Performance Period may not exceed [___]% of one-third of the Target Number of Units.
Sample 1
Second Performance Period. Equityholders shall be entitled to that portion of the Second Tranche corresponding to the amount of Immunetrics Revenue (with the addition of any Rollover Amount) recognized during the Second Performance Period, as set forth on Schedule 2 (the “Second Earnout Payment”). For the avoidance of doubt, if Immunetrics Revenue is less than Seven Million Dollars ($7,000,000) during the Second Performance Period (with the addition of any Rollover Amount), the Equityholders shall not be entitled to any portion of the Second Tranche and if Immunetrics Revenue
Sample 1
Second Performance Period. The Second Performance Period shall be the three Fiscal Year period immediately following the Initial Performance Period. Restricted Shares shall be forfeited after the Second Performance Period in accordance with the following schedule: RONA Forfeiture Percentage of (as defined in Section 5(c)) Restricted Shares initially during Second Performance Period granted hereunder ----------------------------------- ----------------------------- 25.00% or less 100.00% 26.00% 90.00% 27.00% 80.00% 28.00% 70.00% 29.00% 60.00% 30.00% 50.00% 31.00% 40.00% 32.00% 30.00% 33.00% 20.00% 34.00% 10.00% 35.00% or more 0.00% In no event, however, shall the number of Restricted Shares forfeited after the Second Performance Period exceed the total number of Restricted Shares initially granted hereunder less the number of Restricted Shares upon which restrictions lapsed after the Initial Performance Period in accordance with Section 5(a) of this Agreement. Restrictions shall lapse on all Restricted Shares not so forfeited.
Sample 1
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Related to Second Performance Period

  • Continued Performance The fact that the dispute resolution procedures specified in this Section 13 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.

  • Portfolio Expense and Performance Data The Fund shall provide such data regarding each Portfolio’s expense ratios and investment performance as the Company shall reasonably request, to facilitate the registration and sale of the Variable Contracts. Without limiting the generality of the forgoing, the Fund shall provide the following Portfolio expense and performance data on a timely basis to facilitate the Company’s preparation of its annually updated registration statement for the Variable Contracts (and as otherwise reasonably requested by the Company), but in no event later than 75 calendar days after the close of each Portfolio’s fiscal year:

  • Excused Performance If either Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event, such Party will be excused from the affected performance obligation (other than payment obligations), provided that:

  • Continuity of Service and Performance Unless otherwise agreed in writing, the Parties shall continue to provide service and honor all other commitments under this Agreement during the course of a Dispute with respect to all matters not subject to such Dispute.

  • Payment and Performance The Borrower will pay all amounts due under the Loan Documents in accordance with the terms thereof and will observe, perform and comply with every covenant, term and condition expressed or implied in the Loan Documents. The Borrower will cause each other Loan Party to observe, perform and comply with every such term, covenant and condition in any Loan Document.

  • Prompt Performance All actions required to be taken (including payments) by any party under this Agreement shall be performed within the time prescribed for performance in this Agreement, or if no period is prescribed, such actions shall be performed promptly.

  • Capacity and Performance (a) During the term hereof, the Executive shall serve the Company as its Vice President and Chief Operating Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director of one or more of the Company’s Affiliates if so elected from time to time.

  • Payment and Performance of Obligations Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent that IPT or the Borrower is contesting any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining adequate reserves with respect thereto in accordance with GAAP.

  • Duties and Performance From time to time during the term of this Agreement, Consultant shall provide such advisory services relating to the Company's financial status and capital structure (the "SERVICES") to Company as Consultant and Company shall agree. In connection with the Services, Consultant may develop and communicate to Company certain business opportunities with entities known to Consultant; the Services may include various types of arrangements, including direct investment into Company.

  • Guaranty of Payment and Performance Guarantor’s obligations under this Guaranty constitute an unconditional guaranty of payment and performance and not merely a guaranty of collection.

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