Common use of Catch-Up Clause in Contracts

Catch-Up. Notwithstanding the foregoing vesting provisions set forth in Section 3(b)(i), if Actual EBITDA does not equal or exceed the applicable Target EBITDA with respect to any of fiscal years 2007 through 2009 (a “Missed Year”), then, the EBITDA Performance Option may nevertheless vest and become exercisable with respect to the Shares subject to the EBITDA Performance Option in respect of such Missed Year as follows:

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Affinia Group Intermediate Holdings Inc.), Nonqualified Stock Option Agreement (Affinia Group Intermediate Holdings Inc.)

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Catch-Up. Notwithstanding the foregoing vesting provisions set forth in Section 3(b)(i), if Actual EBITDA does not equal or exceed the applicable Target EBITDA with respect to any of fiscal years 2007 2005 through 2009 2008 (a “Missed Year”"MISSED YEAR"), then, the EBITDA Performance Option may nevertheless vest and become exercisable with respect to the Shares subject to the EBITDA Performance Option in respect of such Missed Year as follows:

Appears in 1 contract

Samples: Agreement (Wix Filtration Media Specialists, Inc.)

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Catch-Up. Notwithstanding the foregoing vesting provisions set forth in Section 3(b)(i), if Actual EBITDA does not equal or exceed the applicable Target EBITDA with respect to any of fiscal years 2007 2005 through 2009 2008 (a “Missed YearMISSED YEAR”), then, the EBITDA Performance Option may nevertheless vest and become exercisable with respect to the Shares subject to the EBITDA Performance Option in respect of such Missed Year as follows:

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Affinia Group Holdings Inc.)

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