Common use of Spin-Off Clause in Contracts

Spin-Off. For a company that is spun-off during the PERFORMANCE PERIOD, such company shall be removed from the COMPARATOR GROUP (and thus not considered for measurement purposes); however, the parent company of such spun-off company shall be included for measurement purposes if such parent company remains in the COMPARATOR GROUP and remains at least 50% of such company’s pre-spin-off size as measured by revenues.

Appears in 5 contracts

Samples: Performance Share Award Agreement (Abercrombie & Fitch Co /De/), Performance Share Award Agreement (Abercrombie & Fitch Co /De/), Performance Share Award Agreement (Abercrombie & Fitch Co /De/)

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Spin-Off. For a company that is spun-off during the PERFORMANCE PERIODperformance period, such company shall be removed from the COMPARATOR GROUP INDEX (and thus not considered for measurement purposes); however, the parent company of such spunspin-off company shall be included for measurement purposes if such parent company remains in the COMPARATOR GROUP INDEX and remains at least 50% of such company’s its pre-spin-off size as measured by revenues.

Appears in 2 contracts

Samples: Performance Share Award Agreement (Abercrombie & Fitch Co /De/), Performance Share Award Agreement (Abercrombie & Fitch Co /De/)

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Spin-Off. For a company that is spun-off during the PERFORMANCE PERIODPerformance Period, such company shall be removed from the COMPARATOR GROUP Comparison Group (and thus not considered for measurement purposes); however, the parent company of such spunspin-off company shall be included for measurement purposes if such parent company remains in the COMPARATOR GROUP and remains at least 50% of such company’s its pre-spin-off size as measured by revenues.

Appears in 2 contracts

Samples: Performance Award Agreement (Bloomin' Brands, Inc.), Performance Award Agreement (Bloomin' Brands, Inc.)

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