Common use of Date of Vesting Clause in Contracts

Date of Vesting. Subject to Feltheimer’s continued employment hereunder through the relevant vesting date, the RSUs shall vest as follows: (i) The Time Vesting RSUs (320,000 RSUs) shall vest in four (4) equal annual installments with the first such installment vesting on September 20, 2007, and the last vesting on September 20, 2010. (ii) The Performance Vesting RSUs shall be eligible to vest on an annual schedule with the first grant being eligible to vest on March 31, 2008, the second on March 31, 2009, the third on March 31, 2010, and the fourth on March 31, 2011 (each, a “Performance Vesting Date”); provided, however, that the vesting of the RSUs on each such Performance Vesting Date shall be subject to satisfaction of annual Company performance targets approved in advance by the Compensation Committee for the twelve (12) month period ending on such Performance Vesting Date. The RSUs provided for by this Section 6(b)(ii) shall vest on a sliding scale basis if the Company performance targets have not been fully met for a particular year. For purposes of example only, if seventy five (75) percent of Company targets have been met for a particular year, seventy five (75) percent of the grant for that year would vest. Notwithstanding the foregoing, the Compensation Committee may, in its sole discretion, provide that any or all of the RSUs scheduled to vest on any such Performance Vesting Date shall be deemed vested as of such date even if the applicable performance targets are not met. Furthermore, the Compensation Committee may, in its sole discretion, provide that any RSUs scheduled to vest on any such Performance Vesting Date that do not vest because the applicable performance targets are not met may vest on any future Performance Vesting Date if the performance targets applicable to such future Performance Vesting Date are exceeded.

Date of Vesting. Subject to Feltheimer’s Xxxxx’ continued employment hereunder through the relevant vesting date, the RSUs shall vest as follows: (i) The Time Vesting RSUs (320,000 333,333 RSUs) shall vest in four (4) equal annual installments with the first such installment vesting on September 201, 2007, and the last vesting on September 201, 2010.; (ii) The Performance Vesting RSUs shall be eligible to vest on an annual schedule with the first grant being eligible to vest on March 31September 1, 2007, the second on September 1, 2008, the second third on March 31September 1, 2009, the third on March 31, 2010, and the fourth on March 31September 1, 2011 2010 (each, a “Performance Vesting Date”); provided, however, that the vesting of the RSUs on each such Performance Vesting Date shall be subject to satisfaction of annual Company performance targets approved in advance by the Compensation Committee for the twelve (12) month period ending on such Performance Vesting Date. The Performance Vesting RSUs provided for by this Section 6(b)(ii) shall vest on a sliding scale basis if the Company performance targets have not been fully met for a particular year. For purposes of example only, if seventy five (75) percent of Company targets have been met for a particular year, seventy five (75) percent of the grant for that year would vest. Notwithstanding the foregoing, the Compensation Committee may, in its sole discretion, provide that any or all of the RSUs scheduled to vest on any such Performance Vesting Date shall be deemed vested as of such date even if the applicable performance targets are not met. Furthermore, the Compensation Committee may, in its sole discretion, provide that any Performance Vesting RSUs scheduled to vest on any such Performance Vesting Date that do not vest because the applicable performance targets are not met may vest on any future Performance Vesting Date if the performance targets applicable to such future Performance Vesting Date are exceeded.

Date of Vesting. Subject to Feltheimer’s Bxxxx’ continued employment hereunder through the relevant vesting date, the RSUs shall vest as follows: (i) The Time Vesting RSUs (320,000 333,333 RSUs) shall vest in four (4) equal annual installments with the first such installment vesting on September 201, 2007, and the last vesting on September 201, 2010.; (ii) The Performance Vesting RSUs shall be eligible to vest on an annual schedule with the first grant being eligible to vest on March 31September 1, 2007, the second on September 1, 2008, the second third on March 31September 1, 2009, the third on March 31, 2010, and the fourth on March 31September 1, 2011 2010 (each, a “Performance Vesting Date”); provided, however, that the vesting of the RSUs on each such Performance Vesting Date shall be subject to satisfaction of annual Company performance targets approved in advance by the Compensation Committee for the twelve (12) month period ending on such Performance Vesting Date. The Performance Vesting RSUs provided for by this Section 6(b)(ii) shall vest on a sliding scale basis if the Company performance targets have not been fully met for a particular year. For purposes of example only, if seventy five (75) percent of Company targets have been met for a particular year, seventy five (75) percent of the grant for that year would vest. Notwithstanding the foregoing, the Compensation Committee may, in its sole discretion, provide that any or all of the RSUs scheduled to vest on any such Performance Vesting Date shall be deemed vested as of such date even if the applicable performance targets are not met. Furthermore, the Compensation Committee may, in its sole discretion, provide that any RSUs scheduled to vest on any such Performance Vesting Date that do not vest because the applicable performance targets are not met may vest on any future Performance Vesting Date if the performance targets applicable to such future Performance Vesting Date are exceeded.

Date of Vesting. Subject to Feltheimer’s Xxxxx’ continued employment hereunder through the relevant vesting date, the Second RSUs shall vest as follows: (i) The Second Time Vesting RSUs (320,000 137,143 RSUs) shall vest in four three (43) equal annual installments with the first such installment vesting on September 201, 20072009, and the last vesting on September 201, 2010.2011; (ii) The Second Performance Vesting RSUs (137,142 RSUs) shall be eligible to vest on an in three (3) equal annual schedule installments with the first grant installment being eligible to vest on March 31September 1, 20082009, the second on March 31, 2009, the third on March 31September 1, 2010, and the fourth third on March 31September 1, 2011 (each, a “Second Performance Vesting Date”); provided, however, that the vesting of the Second RSUs on each such Second Performance Vesting Date shall be subject to satisfaction of annual Company performance targets approved in advance by the Compensation Committee for the twelve (12) month period ending on such Second Performance Vesting Date. The Second Performance Vesting RSUs provided for by this Section 6(b)(ii6(e)(ii) shall vest on a sliding scale basis if the Company performance targets have not been fully met for a particular year. For purposes of example only, if seventy five (75) percent of Company targets have been met for a particular year, seventy five (75) percent of the grant Second Performance Vesting RSUs eligible to vest for that year would vest. Notwithstanding the foregoing, the Compensation Committee may, in its sole discretion, provide that any or all of the Second Performance Vesting RSUs scheduled to vest on any such Second Performance Vesting Date shall be deemed vested as of such date even if the applicable performance targets are not met. Furthermore, the Compensation Committee may, in its sole discretion, provide that any Second Performance Vesting RSUs scheduled to vest on any such Second Performance Vesting Date that do not vest because the applicable performance targets are not met may vest on any future Second Performance Vesting Date if the performance targets applicable to such future Second Performance Vesting Date are exceeded.

Date of Vesting. Subject to Feltheimer’s continued employment hereunder through the relevant vesting date, the Second RSUs shall vest as follows: (i) The Second Time Vesting RSUs (320,000 458,036 RSUs) shall vest in four three (43) equal annual installments with the first such installment vesting on September 20March 31, 20072012, and the last vesting on September 20March 31, 2010.2014; (ii) The Second Performance Vesting RSUs (458,035 RSUs) shall be eligible to vest on an in three (3) equal annual schedule installments with the first grant installment being eligible to vest on March 31, 20082012, the second on March 31, 20092013, and the third on March 31, 2010, and the fourth on March 31, 2011 2014 (each, a “Second Performance Vesting Date”); provided, however, that the vesting of the Second RSUs on each such Second Performance Vesting Date shall be subject to satisfaction of annual Company performance targets approved in advance by the Compensation Committee for the twelve (12) month period ending on such Second Performance Vesting Date. The Second Performance Vesting RSUs provided for by this Section 6(b)(ii6(g)(ii) shall vest on a sliding scale basis if the Company performance targets have not been fully met for a particular year. For purposes of example only, if seventy five (75) percent of Company targets have been met for a particular year, seventy five (75) percent of the grant Second Performance Vesting RSUs eligible to vest for that year would vest. Notwithstanding the foregoing, the Compensation Committee may, in its sole discretion, provide that any or all of the Second Performance Vesting RSUs scheduled to vest on any such Second Performance Vesting Date shall be deemed vested as of such date even if the applicable performance targets are not met. Furthermore, the Compensation Committee may, in its sole discretion, provide that any Second RSUs scheduled to vest on any such Second Performance Vesting Date that do not vest because the applicable performance targets are not met may vest on any future Second Performance Vesting Date if the performance targets applicable to such future Second Performance Vesting Date are exceeded.

Date of Vesting. Subject to Feltheimer’s Xxxxx’ continued employment hereunder through the relevant vesting date, the Second RSUs shall vest as follows: (i) The Second Time Vesting RSUs (320,000 137,143 RSUs) shall vest in four three (43) equal annual installments with the first such installment vesting on September 201, 20072009, and the last vesting on September 201, 2010.2011; (ii) The Second Performance Vesting RSUs (137,142 RSUs) shall be eligible to vest on an in three (3) equal annual schedule installments with the first grant installment being eligible to vest on March 31September 1, 20082009, the second on March 31, 2009, the third on March 31September 1, 2010, and the fourth third on March 31September 1, 2011 (each, a “Second Performance Vesting Date”); provided, however, that the vesting of the Second RSUs on each such Second Performance Vesting Date shall be subject to satisfaction of annual Company performance targets approved in advance by the Compensation Committee for the twelve (12) month period ending on such Second Performance Vesting Date. The Second Performance Vesting RSUs provided for by this Section 6(b)(ii6(e)(ii) shall vest on a sliding scale basis if the Company performance targets have not been fully met for a particular year. For purposes of example only, if seventy five (75) percent of Company targets have been met for a particular year, seventy five (75) percent of the grant Second Performance Vesting RSUs eligible to vest for that year would vest. Notwithstanding the foregoing, the Compensation Committee may, in its sole discretion, provide that any or all of the Second Performance Vesting RSUs scheduled to vest on any such Second Performance Vesting Date shall be deemed vested as of such date even if the applicable performance targets are not met. Furthermore, the Compensation Committee may, in its sole discretion, provide that any Second RSUs scheduled to vest on any such Second Performance Vesting Date that do not vest because the applicable performance targets are not met may vest on any future Second Performance Vesting Date if the performance targets applicable to such future Second Performance Vesting Date are exceeded.

Date of Vesting. Subject to Feltheimer’s continued employment hereunder through the relevant vesting date, the Second RSUs shall vest as follows: (i) The Second Time Vesting RSUs (320,000 458,036 RSUs) shall vest in four three (43) equal annual installments with the first such installment vesting on September 20March 31, 20072012, and the last vesting on September 20March 31, 2010.2014; (ii) The Second Performance Vesting RSUs (458,035 RSUs) shall be eligible to vest on an in three (3) equal annual schedule installments with the first grant installment being eligible to vest on March 31, 20082012, the second on March 31, 20092013, and the third on March 31, 2010, and the fourth on March 31, 2011 2014 (each, a “Second Performance Vesting Date”); provided, however, that the vesting of the Second RSUs on each such Second Performance Vesting Date shall be subject to satisfaction of annual Company performance targets approved in advance by the Compensation Committee for the twelve (12) month period ending on such Second Performance Vesting Date. The Second Performance Vesting RSUs provided for by this Section 6(b)(ii6(g)(ii) shall vest on a sliding scale basis if the Company performance targets have not been fully met for a particular year. For purposes of example only, if seventy five (75) percent of Company targets have been met for a particular year, seventy five (75) percent of the grant Second Performance Vesting RSUs eligible to vest for that year would vest. Notwithstanding the foregoing, the Compensation Committee may, in its sole discretion, provide that any or all of the Second Performance Vesting RSUs scheduled to vest on any such Second Performance Vesting Date shall be deemed vested as of such date even if the applicable performance targets are not met. Furthermore, the Compensation Committee may, in its sole discretion, provide that any Second RSUs scheduled to vest on any such Second Performance Vesting Date that do not vest because the applicable performance targets are not met may vest on any future Second Performance Vesting Date if the performance targets applicable to such future Second Performance Vesting Date are exceeded.

Date of Vesting. Subject to Feltheimer’s Xxxxx’ continued employment hereunder through the relevant vesting date, the Third RSUs shall vest as follows: (i) The Third Time Vesting RSUs (320,000 229,018 RSUs) shall vest in four three (43) equal annual installments with the first such installment vesting on September 20March 31, 20072011, the second installment vesting on March 31, 2012 and the last installment vesting on September 20March 31, 2010.2013; (ii) The Third Performance Vesting RSUs (229,018 RSUs) shall be eligible to vest on an in three (3) equal annual schedule installments with the first grant installment being eligible to vest on March 31, 20082011, the second on March 31, 20092012, and the third on March 31, 2010, and the fourth on March 31, 2011 2013 (each, a “Third Performance Vesting Date”); provided, however, that the vesting of the Third RSUs on each such Third Performance Vesting Date shall be subject to satisfaction of annual Company performance targets approved in advance by the Compensation Committee for the twelve (12) month period ending on such Third Performance Vesting Date. The Third Performance Vesting RSUs provided for by this Section 6(b)(ii6(i)(ii) shall vest on a sliding scale basis if the Company performance targets have not been fully met for a particular year. For purposes of example only, if seventy five (75) percent of Company targets have been met for a particular year, seventy five (75) percent of the grant Third Performance Vesting RSUs eligible to vest for that year would vest. Notwithstanding the foregoing, the Compensation Committee may, in its sole discretion, provide that any or all of the Third Performance Vesting RSUs scheduled to vest on any such Third Performance Vesting Date shall be deemed vested as of such date even if the applicable performance targets are not met. Furthermore, the Compensation Committee may, in its sole discretion, provide that any Third Performance Vesting RSUs scheduled to vest on any such Third Performance Vesting Date that do not vest because the applicable performance targets are not met may vest on any future Third Performance Vesting Date if the performance targets applicable to such future Third Performance Vesting Date are exceeded.