Common use of Earned Units Clause in Contracts

Earned Units. The issuance of COMMON SHARES pursuant to this AGREEMENT shall be subject to the COMPANY's achievement with respect to the ADJUSTED EPS goals set forth in the table below. If ADJUSTED EPS for the fiscal year _____ does not equal or exceed the THRESHOLD performance level set forth in the table below, the AWARD and the PARTICIPANT'S right to receive any COMMON SHARES pursuant to this AGREEMENT shall expire and be forfeited without payment of any additional consideration, effective as of the last day of fiscal year _____. Subject to the foregoing, the number of “EARNED UNITS” for purposes of this AGREEMENT shall be determined in accordance with the following schedule: Performance Level FY _____ ADJUSTED EPS Required to Achieve Performance Level % of TARGET AWARD Earned THRESHOLD $x.xx 50% TARGET $x.xx 100% MAXIMUM $x.xx 200% In the event that actual ADJUSTED EPS is between the THRESHOLD and TARGET, or TARGET and MAXIMUM performance levels, linear interpolation will be used to determine the number of EARNED UNITS. Any portion of the TARGET AWARD not earned based upon the actual achievement of ADJUSTED EPS shall expire and be forfeited without payment of any additional consideration, effective as of the last day of fiscal year _____. The achievement of the performance objective(s) set forth in this Section 2(A) (and the extent or lack thereof) shall be evidenced by the COMMITTEE's written certification. For purposes of this Section 2(A), the term “ADJUSTED EPS” means the COMPANY's Net Income per Share from Continuing Operations before Extraordinary Items (Diluted), as reported in the COMPANY's annual report on Form 10-K for the applicable fiscal year, adjusted to exclude the impact of charges for impairments and write-downs of store-related long-lived assets, trademarks and goodwill, net charges related to store closures and lease exits or other restructuring programs, any legal settlement in excess of $3 million, the impact of acquisitions or divestitures, and changes in accounting principles, as certified by the COMMITTEE.

Earned Units. The issuance of COMMON SHARES of the COMPANY pursuant to this AGREEMENT shall be subject to the COMPANY's ’s achievement with respect to the [ADJUSTED EPS EPS][CUMULATIVE ADJUSTED EPS] goals set forth in the table below. If the [ADJUSTED EPS EPS][CUMULATIVE ADJUSTED EPS] for the fiscal year ______-fiscal-year period ending _________, 20__ does not equal or exceed the THRESHOLD performance level set forth in the table below, the AWARD and the PARTICIPANT'S ’s right to receive any COMMON SHARES of the COMPANY pursuant to this AGREEMENT shall expire and be forfeited without payment of any additional consideration, effective as of the last day of the fiscal year ending _________, 20__. Subject to the foregoing, the number of “EARNED UNITS” for purposes of this AGREEMENT shall be determined in accordance with the following schedule: Performance Level [FY ___20__ ADJUSTED EPS EPS][FY 20__ through FY 20__ CUMULATIVE ADJUSTED EPS] Required to Achieve Performance Level % of TARGET AWARD Earned THRESHOLD $x.xx $ 50% TARGET $x.xx $ 100% MAXIMUM $x.xx $ 200% In the event that actual [ADJUSTED EPS EPS][CUMULATIVE ADJUSTED EPS] is between the THRESHOLD and TARGETthe TARGET performance levels, or between the TARGET and the MAXIMUM performance levels, linear interpolation will be used to determine the number of EARNED UNITS. Any portion of the TARGET AWARD not earned based upon the actual achievement of [ADJUSTED EPS EPS][CUMULATIVE ADJUSTED EPS] achieved shall expire and be forfeited without payment of any additional consideration, effective as of the last day of the fiscal year ending __________, 20__. The achievement of the performance objective(s) goals set forth in this Section 2(A) (and the extent or lack thereof) shall be evidenced by the COMMITTEE's ’s written certification. [For purposes of this Section 2(A), the term “ADJUSTED EPS” means the COMPANY's ’s Net Income per Share from Continuing Operations before Extraordinary Items (Diluted), as reported in the COMPANY's annual report ’s Annual Report on Form 10-K for the applicable fiscal year, adjusted to exclude the impact of charges for impairments and write-downs of store-related long-lived assets, trademarks and goodwill, net charges related to store closures and lease exits or other restructuring programs, any legal settlement in excess of $3 million, the impact of acquisitions or divestitures, one-time federal tax changes accounted for on a discrete basis in excess of $3 million and changes in accounting principles, as certified by the COMMITTEE.]

Earned Units. The issuance of COMMON SHARES pursuant to this AGREEMENT shall be subject to the COMPANY's achievement with respect to the ADJUSTED EPS goals set forth in the table below. If ADJUSTED EPS for the fiscal year _____ does not equal or exceed the THRESHOLD performance level set forth in the table below, the AWARD and the PARTICIPANT'S right to receive any COMMON SHARES pursuant to this AGREEMENT shall expire and be forfeited without payment of any additional consideration, effective as of the last day of fiscal year _____. Subject to the foregoing, the number of “EARNED UNITS” for purposes of this AGREEMENT shall be determined in accordance with the following schedule: Performance Level FY _____ ADJUSTED EPS Required to Achieve Performance Level % of TARGET AWARD Earned THRESHOLD $x.xx 50% TARGET $x.xx 100% MAXIMUM $x.xx 200% In the event that actual ADJUSTED EPS is between the THRESHOLD and TARGET, or TARGET and MAXIMUM performance levels, linear interpolation will be used to determine the number of EARNED UNITS. Any portion of the TARGET AWARD not earned based upon the actual achievement of ADJUSTED EPS shall expire and be forfeited without payment of any additional consideration, effective as of the last day of fiscal year _____. The achievement of the performance objective(s) set forth in this Section 2(A) (and the extent or lack thereof) shall be evidenced by the COMMITTEE's written certification. For purposes of this Section 2(A), the term “ADJUSTED EPS” means the COMPANY's Net Income per Share from Continuing Operations before Extraordinary Items (Diluted), as reported in the COMPANY's annual report on Form 10-K for the applicable fiscal year, adjusted to exclude the impact of charges for impairments and write-downs of store-related long-lived assets, trademarks and goodwill, net charges related to store closures and lease exits or other restructuring programs, any legal settlement in excess of $3 million, the impact of acquisitions or divestitures, and changes in accounting principles, as certified by the COMMITTEE.

Earned Units. The issuance of COMMON SHARES of the COMPANY pursuant to this AGREEMENT shall be subject to the COMPANY's ’s achievement with respect to the [ADJUSTED EPS EPS] [CUMULATIVE ADJUSTED EPS] goals set forth in the table below. If the [ADJUSTED EPS EPS][CUMULATIVE ADJUSTED EPS] for the fiscal year ______-fiscal-year period ending _________, 20__ does not equal or exceed the THRESHOLD performance level set forth in the table below, the AWARD and the PARTICIPANT'S ’s right to receive any COMMON SHARES of the COMPANY pursuant to this AGREEMENT shall expire and be forfeited without payment of any additional consideration, effective as of the last day of the fiscal year ending ____________, 20__. Subject to the foregoing, the number of “EARNED UNITS” for purposes of this AGREEMENT shall be determined in accordance with the following schedule: Performance Level [FY ___20__ ADJUSTED EPS EPS][FY 20__ through FY 20__ CUMULATIVE ADJUSTED EPS] Required to Achieve Performance Level % of TARGET AWARD Earned THRESHOLD $x.xx $ 50% TARGET $x.xx $ 100% MAXIMUM $x.xx $ 200% In the event that actual [ADJUSTED EPS EPS][CUMULATIVE ADJUSTED EPS] is between the THRESHOLD and TARGETthe TARGET performance levels, or between the TARGET and the MAXIMUM performance levels, linear interpolation will be used to determine the number of EARNED UNITS. Any portion of the TARGET AWARD not earned based upon the actual achievement of [ADJUSTED EPS EPS][CUMULATIVE ADJUSTED EPS] achieved shall expire and be forfeited without payment of any additional consideration, effective as of the last day of the fiscal year ending __________, 20__. The achievement of the performance objective(s) goals set forth in this Section 2(A) (and the extent or lack thereof) shall be evidenced by the COMMITTEE's ’s written certification. [For purposes of this Section 2(A), the term “ADJUSTED EPS” means the COMPANY's ’s Net Income per Share from Continuing Operations before Extraordinary Items (Diluted), as reported in the COMPANY's annual report ’s Annual Report on Form 10-K for the applicable fiscal year, adjusted to exclude the impact of charges for impairments and write-downs of store-related long-lived assets, trademarks and goodwill, net charges related to store closures and lease exits or other restructuring programs, any legal settlement in excess of $3 million, the impact of acquisitions or divestitures, one-time federal tax changes accounted for on a discrete basis in excess of $3 million and changes in accounting principles, as certified by the COMMITTEE.]

Earned Units. The issuance of COMMON SHARES of the COMPANY pursuant to this AGREEMENT shall be subject to the COMPANY's ’s achievement with respect to the ADJUSTED EPS and ANNUAL LEVEL OF SAVINGS goals set forth in the table tables below. If the ADJUSTED EPS for the fiscal year ending _______, 20__ does and the ANNUAL LEVEL OF SAVINGS, as applicable, do not equal or exceed the THRESHOLD performance level levels set forth in the table tables below, the AWARD and the PARTICIPANT'S ’s right to receive any COMMON SHARES of the COMPANY pursuant to this AGREEMENT shall expire and be forfeited without payment of any additional consideration, effective as of the last day of the fiscal year ending ________, 20__. Subject to the foregoing, the number of “EARNED UNITS” for purposes of this AGREEMENT shall be determined in accordance with the following scheduletables: Performance Level ANNUAL LEVEL OF SAVINGS (in $ millions)Required to Achieve Performance Level % of TARGET AWARD Earned THRESHOLD $ 25% TARGET $ 50% MAXIMUM $ 75% Performance Level FY ___20__ ADJUSTED EPS and ANNUAL LEVEL OF SAVINGS (in $ millions) Required to Achieve Performance Level % of TARGET AWARD Earned BELOW THRESHOLD Below $____ per share and any level of savings 0% THRESHOLD $x.xx 50____ per share or greater AND $ 25% TARGET $x.xx 100_____ per share or greater AND $ 50% MAXIMUM $x.xx 200_____ per share or greater AND $ 75% In the event that actual ADJUSTED EPS is and ANNUAL LEVEL OF SAVINGS are between the THRESHOLD and TARGETthe TARGET performance levels, or between the TARGET and the MAXIMUM performance levels, linear interpolation will be used to determine the number of EARNED UNITS. Any portion of the TARGET AWARD not earned based upon the actual achievement of ADJUSTED EPS and ANNUAL LEVEL OF SAVINGS achieved shall expire and be forfeited without payment of any additional consideration, effective as of the last day of the fiscal year ending _________, 20__. The achievement of the performance objective(s) goals set forth in this Section 2(A) (and the extent or lack thereof) shall be evidenced by the COMMITTEE's ’s written certification. For purposes of this Section 2(A), the term “ADJUSTED EPS” means the COMPANY's ’s Net Income per Share from Continuing Operations before Extraordinary Items (Diluted), as reported in the COMPANY's annual report ’s Annual Report on Form 10-K for the applicable fiscal year, adjusted to exclude the impact of charges for impairments and write-downs of store-related long-lived assets, trademarks and goodwill, net charges related to store closures and lease exits or other restructuring programs, any legal settlement in excess of $3 million, the impact of acquisitions or divestitures, one-time federal tax changes accounted for on a discrete basis in excess of $3 million and changes in accounting principles, as certified by the COMMITTEE. Also for the purposes of this Section 2(A), the term “ANNUAL LEVEL OF SAVINGS” means the COMPANY’s FY 20__ realized cost savings resulting from the diagnostic analysis completed by _________ in connection with COMPANY’s profit and process improvement initiatives, as certified by the COMMITTEE.