Determination of Middlefield’s Percentile Rank with TSR Modifer Sample Clauses

Determination of Middlefield’s Percentile Rank with TSR Modifer. Middlefield’s Percentile Rank shall be determined in accordance with the following rules: (i) The Comparator Companies and Middlefield shall be ranked in descending order based on their respective TSRs (“Ranking Distribution”). (ii) For purposes of developing the ordering provided in paragraph (i) above, any Comparator Company that filed for bankruptcy protection under the United States Bankruptcy Code during the Performance Period or whose shares have been delisted from a national securities exchange shall be assigned the lowest order and any Comparator Company that is acquired during the Performance Period shall be removed from the Comparator Index and shall not be included in the ordering of Comparator Companies. For avoidance of doubt, any Comparator Company that acquires another Comparator Company during the Performance Period shall remain a constituent of the Comparator Index. (iii) Based on Middlefield’s order within the Ranking Distribution, the Plan Committee shall determine Middlefield’s percentile rank (“Percentile Rank”) within the Ranking Distribution.
Sample 1Sample 2

Related to Determination of Middlefield’s Percentile Rank with TSR Modifer

  • Market Capitalization At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

  • Distributions Upon Income Inclusion Under Section 409A of the Code Upon the inclusion of any portion of the benefits payable pursuant to this Agreement into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liability, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

  • Determination of Net Asset Value, Net Income and Distributions Subject to applicable federal law including the 1940 Act and Section 3.6 hereof, the Trustees, in their sole discretion, may prescribe (and delegate to any officer of the Trust or any other Person or Persons the right and obligation to prescribe) such bases and time (including any methodology or plan) for determining the per Share or net asset value of the Shares of the Trust or any Series or Class or net income attributable to the Shares of the Trust or any Series or Class, or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or Class and the method of determining the Shareholders to whom dividends and distributions are payable, as they may deem necessary or desirable. Without limiting the generality of the foregoing, but subject to applicable federal law including the 1940 Act, any dividend or distribution may be paid in cash and/or securities or other property, and the composition of any such distribution shall be determined by the Trustees (or by any officer of the Trust or any other Person or Persons to whom such authority has been delegated by the Trustees) and may be different among Shareholders including differences among Shareholders of the same Series or Class.