Common use of Determination of Company Performance Clause in Contracts

Determination of Company Performance. The determination as to whether the Company has attained the performance goals with respect to the Revenue Performance Period and the TSR Performance Period shall be made by the Committee acting in good faith. The Committee's determination regarding whether the Company has attained the performance goals (the "Committee Determination") shall be made as soon as reasonably practicable following the end of the applicable performance period. The Performance Stock Units shall not be deemed vested pursuant to any other provision of this Agreement earlier than the date that the Committee makes such determination, as required by Section 162(m) of the Code and the regulations promulgated thereunder. Any Performance Stock Units forfeited pursuant to this Section 3, Section 4 or Section 7 shall be deemed to have been forfeited as of the last day of the applicable performance period, or vesting period, as applicable.

Determination of Company Performance. The determination as to whether the Company has attained the performance goals with respect to the Revenue Net Income Performance Period and the TSR Performance Period shall be made by the Committee acting in good faith. The Committee's determination regarding whether the Company has attained the performance goals (the "Committee Determination") shall be made as soon as reasonably practicable following the end of the applicable performance period. The Performance Stock Units shall not be deemed vested pursuant to any other provision of this Agreement earlier than the date that the Committee makes such determination, as required by Section 162(m) of the Code and the regulations promulgated thereunder. Any Performance Stock Units forfeited pursuant to this Section 3, Section 4 or Section 7 shall be deemed to have been forfeited as of the last day of the applicable performance period, or vesting period, as applicable.