Determination of Performance. As soon as administratively feasible after the end of the Performance Period (as defined in Exhibit A), unless the Performance Stock Units vested previously under Section 2(c)(i), (c)(ii) or (d)(i), the Committee shall determine whether or not, and to what extent, the Performance Criteria have been achieved and the Target Adjustment Percentage for the Performance Period. The date on which the Committee makes such determination is referred to herein as the “Determination Date” for the Performance Period.
Determination of Performance. The performance condition (“Performance Condition”) for the Award is set forth on Schedule I hereto and the results of the performance must be certified by the Company’s Compensation Committee before determined to have been met. Such certification must be completed on or before March 31, 2015 with respect to 2014 (the date of such certification being the “Performance Certification Date”). If and to the extent the Performance Condition is not satisfied, the Restricted Shares for which it is not satisfied will be immediately forfeited upon March 31, 2015 with respect to 2014. Restricted Shares for which the Performance Condition is satisfied are “Performance-Adjusted Restricted Shares” (i.e., the number of Restricted Shares remaining after any downward adjustment for the application of the Performance Condition).
Determination of Performance. The performance levels set forth above shall be tested solely by Mednet (using protocols developed solely by Mednet) using MIT-BIH, AHA, NST (MIT-BIH) data sets, and the results of all such tests shall be promptly provided to Transoma for its review.
Determination of Performance. As of each Measurement Date (as defined on Exhibit A), the Committee will review and certify in writing (i) whether the Performance Criteria has been satisfied, and (ii) the actual number of Target PSUs earned by the Grantee (the “Earned PSUs”). Following the issuance of such certification, the number of PSUs that the Grantee shall earn, if any, shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Determination of Performance. Following completion of the Performance Period and prior to _______ __, _____, the Committee will review and certify in writing whether (i) the Performance Criteria have been satisfied, and (ii) the number of PSUs granted under Section 1 shall be increased as provided in Exhibit A. At that time, the Committee may exercise negative discretion to reduce the number of shares of Common stock to be delivered pursuant to this Agreement. Following the issuance of this certification, the number of PSUs that the Grantee shall earn, if any, shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Determination of Performance. The number of Target Performance Share Units that shall become Vested Units pursuant to the Award shall be based on satisfaction of the Performance Target as determined in accordance with the following:
Determination of Performance. Should the services be determined in whole or in part in accordance with the provisions of the respective service, then Lanbase shall be paid for all sums on this Agreement due and shall be paid for any work performed by this Agreement if payment for such work is not then due. Any sum paid or payable under Clause 3 and 4 of this Agreement shall not be retained by Lanbase except as payment for work performed and/or equipment supplied.
Determination of Performance. Following completion of the Performance Period and prior to [APPLICABLE DATE], the Committee will review and certify in writing whether the Performance Goal set forth in Section 2 of this Agreement has been achieved and whether the additional Performance Goals described in Section 3 of this Agreement have been achieved. At that time, the Committee will decide whether and to the extent it is required to exercise its negative discretion to reduce the number of PSUs subject to this Agreement as provided by this Agreement. Following the issuance of this certification, the number of PSUs that the Grantee shall earn, if any, shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Determination of Performance. 11.6.1 Contractor’s compliance with the Minimum Performance Level for purposes of achieving Provisional Acceptance shall be determined on the basis of the Tests conducted in accordance with Article X, SYNCHRONIZATION, TESTS, MECHANICAL COMPLETION, PROVISIONAL ACCEPTANCE AND FINAL ACCEPTANCE, and Appendix HH, and the results of such Tests shall be conclusive for such purpose. The Net Energy Output of the Plant shall be determined pursuant to the Guaranteed Performance Test and shall be measured while the Plant is operating in compliance with the Noise Guarantee (excluding for this purpose all waivers and variances permitted under Applicable Permits).
Determination of Performance. The Performance Goals and the results of the performance must be certified by the Company’s Compensation Committee before they are determined to have been met. Such certification must be completed on or before the 30th day after the Company files its Form 10-K following each fiscal year whose performance is being measured (the date of each such certification being a “Performance Certification Date”), provided that if no Form 10-K has been filed by the 180th day after a fiscal year is completed, the Committee shall make a determination as to the satisfaction of the Performance Goals at or before that date. If and to the extent the Performance Goal is not satisfied for a particular fiscal year, a proportionate number of the Performance-Based RSUs (with respect to such fiscal year) will be immediately forfeited upon the date of the Committee meeting at which the certification is determined. If and to the extent the Performance-Based RSUs satisfy the Performance Goals, the resulting number of RSUs will be the “Performance-Adjusted RSUs (i.e., the number of RSUs for that fiscal year will be adjusted on the applicable Performance Certification Date based on the extent to which the Performance Goals have been satisfied and the performance certified). The cumulative resulting adjusted number, as of any particular date, will be the “Aggregate Performance-Adjusted RSUs.”
