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 (“Ranking Distribution”). (b) For purposes of developing the ordering provided in paragraph (a) above, any Competitor Company that filed for bankruptcy protection under the United States Bankruptcy Code during the Performance Period shall be assigned the lowest order and 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.

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 (“Ranking Distribution”)TSRs. (b) For purposes of developing the ordering provided in paragraph (a) above, any Competitor Company that filed for bankruptcy protection under the United States Bankruptcy Code during the Performance Period shall be assigned the lowest order and 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.

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 (“Ranking Distribution”). (b) For purposes of developing the ordering provided in paragraph (a) above, any Competitor Company that filed for bankruptcy protection under the United States Bankruptcy Code during the Performance Period shall be assigned the lowest order and 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.