Abbreviated Measurement Period Performance Sample Clauses

Abbreviated Measurement Period Performance. This paragraph applies if the Participant remains in the continuous employ of the Company or an Affiliate from the Date of Award until either (i) the Participant’s termination without Cause before May 31, 2008, (ii) the Participant’s resignation with Good Reason before May 31, 2008, (iii) the Participant’s termination of employment before May 31, 2008 on account of death or Disability or (iv) a Control Change Date that occurs before May 31, 2008. In any of those events, the Participant will earn the right to receive the payments determined in accordance with the following table based on the TRS for the Abbreviated Measurement Period, the number of Shares shown in the table and the Fair Market Value of that number of Shares on the last day of the Abbreviated Measurement Period: Abbreviated Measurement Period TRS Number of Shares Less than 12% 0 At least 12% but less than 14% 75,000 At least 14% but less than 16% 150,000 16% or more 225,000
Sample 1
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Abbreviated Measurement Period Performance. All of the Performance Shares granted hereunder will be earned if (i) the Participant remains in the continuous employ of the Company or an Affiliate from the Date of Award until either (A) the Participant’s termination without Cause before May 31, 2008 or with Good Reason before May 31, 2008, (B) a Control Change Date that occurs before May 31, 2008 or (C) the termination of the Participant’s employment before May 31, 2008, on account of the Participant’s death or Disability and (ii) the TRS is at least ten percent (10%). For purposes of this paragraph 4, the term “TRS” has the same meaning as under paragraph 3 except that the “Abbreviated Measurement Period” shall be used instead of the “Measurement Period.” For purposes of this Agreement, the term “Abbreviated Measurement Period” means the period beginning on June 1, 2005, and ending on the date of the Participant’s termination of employment or a Control Change Date, as applicable, in accordance with clause (i) of the preceding sentence.
Sample 1
Abbreviated Measurement Period Performance. This paragraph 4 applies if the Participant remains in the continuous employ of the Company or an Affiliate from the Date of Award until either (i) the Participant’s termination without Cause before May 31, 2008 or with Good Reason before May 31, 2008, (ii) a Control Change Date that occurs before May 31, 2008 or (iii) the termination of the Participant’s employment before May 31, 2008, on account of the Participant’s death or Disability. If this paragraph 4 applies, the Performance Shares granted hereunder will be earned in accordance with the following table based on the TRS for the Abbreviated Measurement Period: Abbreviated Measurement Period TRS Number of Performance Shares Less than 10% 0 At least 10% but less than 12% 35,000 At least 12% but less than 14% 52,500 At least 14% but less than 16% 70,000 16% or more 87,500
Sample 1

Related to Abbreviated Measurement Period Performance

  • Measurement Period (b) In this Agreement, unless the contrary intention appears, a reference to:

  • Performance Measure The number of Performance Shares earned at the end of the three-year Performance Period will vary depending on the degree to which cumulative adjusted earnings per share performance goals for the Performance Period, as established by the Committee, are met.

  • Performance Period For purposes of this Agreement, the term “Performance Period” shall be the period commencing on January 29, 2018 and ending on January 29, 2021.

  • KEY PERFORMANCE INDICATORS (a) The Custodian and the Funds may from time to time agree to document the manner in which they expect to deliver and receive the services contemplated by this Agreement. The parties agree that any such key performance indicators (hereinafter referred to as “KPIs” or, individually as a “KPI”) shall be agreed upon in writing by the parties and shall be reflected in one or more schedules to this Agreement. The Custodian and the Funds acknowledge that any failure to perform in accordance with KPIs shall not in and of itself be considered a breach of contract that gives rise to contractual or other remedies provided that such failure may be a breach giving rise to contractual or other remedies if it is persistent and not remedied after consultation. Nothing in this Section 11 shall modify any party’s applicable standard of care under this Agreement; nor shall any meeting or discussion among the parties regarding KPIs be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreement.

  • Performance Measures The extent, if any, to which you shall have the right to payment of the Award shall depend upon your satisfying one of the continuous employment conditions set forth in Section 3 and the extent to which the applicable performance measure has been satisfied as of the Final Measurement Date, as specified below: The Award shall have the following performance measures during the Measurement Period:

  • Assist Performance Seller shall exercise its reasonable best efforts to cause to be fulfilled those conditions precedent to Buyer’s obligations to consummate the transactions contemplated hereby which are dependent upon the actions of Seller and to work with Buyer to make and/or obtain any necessary filings and consents. Seller shall cause Split-Off Subsidiary to comply with its obligations under this Agreement.

  • Measurement All quantities of Products received or delivered by or into truck, rail, or marine vessel shall be measured and determined based upon the meter readings at each Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLO. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said calibration. Storage tank gauging shall be performed by TLO’s personnel. TLO’s gauging shall be deemed accurate unless challenged by an independent certified xxxxxx. Tesoro may perform joint gauging at its sole expense with TLO’s personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an independent xxxxxx, such xxxxxx must be acceptable to TLO, and such gauging shall be at Tesoro’s sole expense.

  • Events Excusing Performance Neither party shall be liable to the other party for failure to perform any of the services required herein in the event of strikes, lock-outs, calamities, acts of God, unavailability of supplies or other events over which that party has no control for so long as such events continue, and for a reasonable period of time thereafter.

  • Performance Excused Continued performance of a Service may be suspended immediately to the extent caused by any event or condition beyond the reasonable control of the Party suspending such performance including, but not limited to, any act of God, fire, labor or trade disturbance, war, civil commotion, compliance in good faith with any law, unavailability of materials or other event or condition whether similar or dissimilar to the foregoing (each, a “Force Majeure Event”).

  • Adjusted EBITDA The 2019 adjusted EBITDA for the Affiliated Club Sellers shall total an aggregate of not less than $10,700,000.

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