Common use of Determining Company Performance Clause in Contracts

Determining Company Performance. Following the end of each Measuring Segment in the Performance Period, the Company’s performance with respect to each of the Performance Goals shall be compared to that of the Peer Group. The Company’s percentile rank with respect to each Performance Goal shall be equal to the result of dividing (a) by (b), where (a) is the number corresponding to the Company’s numerical rank in the group consisting of the Company and the Peer Group and listed in descending order of Percentage Revenue Growth or Percentage Operating Income Growth, whichever is being measured in respect of such Measuring Segment (e.g., if the Company ranks seventh with respect to the Performance Goal calculated in respect of a Measuring Segment then the number for this purpose would be 7), and (b) is the number equal to the number of companies in the Peer Group for such Measuring Segment plus one (e.g., if there are 16 companies in the Peer Group for a Measuring Segment then the number for this purpose would be 17). The percentile rank for each Performance Goal shall then be averaged, taking each into account equally (resulting in the “Average Percentile Rank”).

Determining Company Performance. Following the end of each Company Measuring Segment Year in the Performance Period, the Company’s performance with respect to each of the Performance Goals shall be compared to that of the Peer Group. The Company’s percentile rank with respect to each Performance Goal shall be equal to the result of dividing (a) by (b), where (a) is the number corresponding to the Company’s numerical rank in the group consisting of the Company and the Peer Group and listed in descending order of Percentage Revenue Growth or Percentage Operating Income Growth, whichever is being measured in respect of for such Measuring Segment Year (e.g., if the Company ranks seventh with respect to the Performance Goal calculated in respect of for a Measuring Segment Year then the number for this purpose would be 7), and (b) is the number equal to the number of companies in the Peer Group for such Measuring Segment Year plus one (e.g., if there are 16 companies in the Peer Group for a Measuring Segment Year then the number for this purpose would be 17). The percentile rank for each Performance Goal shall then be averaged, taking each into account equally (resulting in the “Average Percentile Rank”).

Determining Company Performance. Following the end of each Company Measuring Segment Year in the Performance Period, the Company’s performance with respect to each of the Performance Goals shall be compared to that of the Peer Group. The Company’s percentile rank with respect to each Performance Goal shall be equal to the result of dividing (a) by (b), where (a) is the number corresponding to the Company’s numerical rank in the group consisting of the Company and the Peer Group and listed in descending order of Percentage Revenue Growth or Percentage Operating Income EBIT Growth, whichever is being measured in respect of for such Measuring Segment Year (e.g., if the Company ranks seventh with respect to the Performance Goal calculated in respect of for a Measuring Segment Year then the number for this purpose would be 7), and (b) is the number equal to the number of companies in the Peer Group for such Measuring Segment Year plus one (e.g., if there are 16 companies in the Peer Group for a Measuring Segment Year then the number for this purpose would be 17). The percentile rank for each Performance Goal shall then be averaged, taking each into account equally (resulting in the “Average Percentile Rank”).