Common use of Determination of Percentile Rank Clause in Contracts

Determination of Percentile Rank. The Company’s Percentile Rank shall be determined in accordance with the following rules: (a) The Competitor Companies and the Company shall be ranked in descending order based on their respective TSRs. (b) For purposes of developing the ordering provided in paragraph (a) above, (i) any Competitor Company that filed for bankruptcy protection under the United States Bankruptcy Code during the Performance Period shall be assigned the lowest order, (ii) any Competitor Company that is acquired during the Performance Period shall be removed from the Competitor Peer Group and shall not be included in the ordering of Competitor Companies, and (iii) any Competitor Company that, during the Performance Period, has entered into and publicly disclosed the entrance into a definitive agreement for the acquisition of such Competitor Company shall not be included in the ordering of Competitor Companies even if the acquisition has not yet closed as of the time the ordering is compiled for performance assessment. (c) The Company’s Percentile Rank shall be calculated as follows: Percentile Rank = Company Rank Total Number of Competitor Companies including the Company

Appears in 6 contracts

Samples: Performance Share Award Agreement (American Axle & Manufacturing Holdings Inc), Performance Unit Award Agreement (American Axle & Manufacturing Holdings Inc), Performance Unit Award Agreement (American Axle & Manufacturing Holdings Inc)

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