Between Intermediate and Maximum Clause Samples
The "Between Intermediate and Maximum" clause defines a range or threshold that falls between two specified levels, typically labeled as "intermediate" and "maximum." In practice, this clause might set performance standards, pricing tiers, or service levels that must be maintained within these two boundaries. For example, it could require a party to maintain inventory, quality, or output that is neither below the intermediate level nor above the maximum allowed. The core function of this clause is to establish clear operational limits, ensuring that obligations are met within an acceptable range and preventing underperformance or excess.
Between Intermediate and Maximum. If, upon the conclusion of the Performance Period, RTSR for the Performance Period exceeds the “Intermediate” level, but is less than the “Maximum” level, as set forth in the Performance Matrix, a percentage between 150% and 200% (determined on the basis of straight-line mathematical interpolation) of the RTSR PSUs (rounded down to the nearest whole number of PSUs) shall become nonforfeitable.
Between Intermediate and Maximum. If, upon the conclusion of the Performance Period, Total Stockholder Return exceeds the intermediate level, but is less than the maximum level, as set forth in the Performance Matrix contained in the Statement of Performance Goals the Target Performance Shares shall become earned based on performance during the Performance Period, as determined by mathematical straight-line interpolation between 150% of the Target Performance Shares and 200% of the Target Performance Shares.
Between Intermediate and Maximum. If, upon the conclusion of the Performance Period, TSR Relative to Peers equals or exceeds the intermediate level, but is less than the maximum level, as set forth in the Performance Matrix contained in the Statement of Performance Goals the Target Performance Shares shall become earned based on performance during the Performance Period, as determined by mathematical interpolation between 150% of the targeted Performance Shares and 200% of the targeted Performance Shares.
Between Intermediate and Maximum. If, upon the conclusion of the relevant Performance Period, TSR Relative to Peers equals or exceeds the intermediate level, but is less than the maximum level, as set forth in the Performance Matrix contained in the Statement of Performance Goals:
(a) the First Transition Performance Shares shall become earned based on performance during the First Transition Period, as determined by mathematical interpolation between 150% of the targeted First Transition Performance Shares and 200% of the targeted First Transition Performance Shares and rounded up to the nearest whole share;
(b) the Second Transition Performance Shares shall become earned based on performance during the Second Transition Period, as determined by mathematical interpolation between 150% of the targeted Second Transition Performance Shares and 200% of the targeted Second Transition Performance Shares and rounded up to the nearest whole share; and
(c) the Regular Grant Performance Shares shall become earned based on performance during the Regular Performance Period, as determined by mathematical interpolation between 150% of the targeted Regular Grant Performance Shares and 200% of the targeted Regular Grant Performance Shares and rounded up to the nearest whole share.
