Certification of Performance. No reimbursement shall be made, and no ex- penditure shall be credited, pursuant to this sec- tion, unless and until the Chief of Engineers or his designee, has certified that the work for which reimbursement or credit is requested has been performed in accordance with the agree- ment.
Certification of Performance. Prior to Nauexx'x xxxeipt of any Tax Payment or incentive pay under Section 2(c) of this Agreement, the Board of Directors of the Company or the Compensation Committee thereof shall certify whether or not the Performance Goal was satisfied.
Certification of Performance. Prior to payment, exercise or vesting of any Performance Award, the Committee will certify in writing whether the applicable Performance Objectives and other material terms imposed on such Performance Award have been satisfied, and, if they have, ascertain the amount of the payout or vesting of the Performance Award.
Certification of Performance. During the period between May 1, [●], and June 15, [●], the Committee shall determine and certify the Company’s actual performance in relation to the aforementioned ROIC and TSR metrics and the extent to which final Units are awarded.
Certification of Performance. Except for Awards that pay compensation attributable solely to an increase in the value of Shares, no Award designed to qualify as Performance-Based Compensation shall be vested, credited or paid, as applicable, with respect to any Participant until the Committee certifies in writing that the performance goals and any other material terms applicable to such Performance Period have been satisfied.
Certification of Performance. The Administrator periodically will determine and certify in writing (a “Certification”) whether the Company has achieved any of the Stock Price Goals, the applicable Stock Price Achievement Date, and any Eligible Shares. The date of each such certification is a “Certification Date.” In addition, the Participant, from time to time (but not more than twice per fiscal quarter of the Company) during the Performance Period, also may make requests that the Administrator complete a Certification. Upon such written request by the Participant, the Administrator will complete a Certification within fifteen (15) days of the date of receipt of the Participant’s written request. Without limiting the foregoing and to the extent any Tranche is then outstanding and unvested, the Administrator will complete a Certification on or within thirty (30) days following the date of cessation of the Participant’s Continued Eligible Service (but in no event later than the Expiration Date), and additionally, in the case of a cessation of Participant’s Continued Eligible Service due to Participant’s death or Disability, the Administrator will complete a final Certification on or within thirty (30) days following the completion of the Adjusted Performance Period (as defined below). Without limiting the foregoing and to the extent any Tranche is then outstanding and unvested, the Administrator will complete at least one Certification within the thirty (30)-day period beginning sixty (60) days prior to the Expiration Date and further, to the extent reasonably possible that the Company may achieve any Stock Price Goals not yet achieved by such time, in each of the last ten (10) consecutive Trading Days ending with the Expiration Date.
Certification of Performance. After we perform our preopening obligations under this Agreement, we may request that you execute a certification (the “Certification of Performance”), in a form we reasonably request, confirming such performance. If we make this request, you must execute and deliver the Certification of Performance to us within three-business days of our request. If, however, you do not reasonably believe that we have performed all our preopening obligations under this Agreement, you must, within said three-day period, provide us with written notice specifically describing the obligations that we have not performed. Not later than three-business days after we complete all the obligations specifically described in your notice, you must execute and deliver the Certification of Performance to us. You must do so even if we performed such obligations after the time performance was due under this Agreement. The term “preopening obligations” means such of our obligations to you under this Agreement that must be performed before the Opening Date for the Franchised Business.
Certification of Performance. As soon as reasonably possible after the close of each Performance Period, the Committee will determine and certify in writing the number of Performance Shares earned under the PSP Award for such Performance Period, based on the application of the adjustments described in the Award Certificate. The Committee shall have the sole authority to determine to the number of Performance Shares earned; provided, however, that the Committee may not increase the number of Performance Shares earned over the number that would be earned based on the application of the performance formula designated in the Award Certificate. Any settlement of a PSP Award shall be conditioned on the written certification of the Committee in each case as to the achievement of the performance goals outlined in the Award Certificate over the Performance Period and that any other material conditions for the payment of PSP Awards were satisfied.
Certification of Performance. □ During the period between January 1, 2021 and February 15, 2021, the Compensation Committee shall determine and certify the Company’s actual performance in relation to each Performance Goal and shall determine the percentage, if any, of the Loyalty Program Goal PSUs and E-Commerce Goal PSUs that shall vest (subject to the Participant’s continued employment, except as provided below under the heading “Special provisions regarding vesting of awards”). □ The date on which the Compensation Committee makes such determination is referred to as the “Determination Date”. □ In its evaluation of the Performance Goals, the Committee may elect to include or exclude the effects of any of the events described in Section 9.2 of the Plan, in its sole and absolute discretion. No rights to dividend payments □ The Participant shall have no rights to dividends paid to Company shareholders, or other rights as a shareholder, with respect to any shares that may be issued in settlement of this award until the applicable Settlement Date. Special provisions regarding vesting of awards □ Death or Disability Notwithstanding the “Vesting Requirements” set forth above, if the Participant’s employment terminates because of the death or Disability (as defined in the Participant’s employment agreement with the Company, as in effect on the date hereof) on or following December 31, 2020 and other than during the 24-month period following a Change of Control, to the extent that the applicable Performance Goals have been achieved, the Participant (or the Participant’s estate, as applicable) shall vest as of the later of the date of such termination and the Determination Date in the PSUs that would have vested on the next Vest Date following such termination. □ Change in Control The Plan provides that in the event of a Change of Control, unless otherwise provided for in the applicable Award Agreement or employment or other similar agreement, all Awards that are outstanding and unvested as of immediately prior to such Change of Control will remain outstanding and unvested. If, however, within 24 months following the Change of Control, the Participant’s employment with the Company and its affiliates is terminated without “Cause” by the Company, for “Good Reason” by the Participant or as a result of the Participant’s death or Disability, then as of the date of such termination, all PSUs that are outstanding and unvested or still subject to restrictions or forfeiture will automatically be deemed...
Certification of Performance
