Common use of EBITDA/Revenue Margin Restricted Stock Units Clause in Contracts

EBITDA/Revenue Margin Restricted Stock Units. Subject to the Participant’s continued Employment with the Company and its Affiliates (except as provided in Section 3(g)) through February 28, 2009, the EBITDA/Revenue Margin Restricted Stock Units shall be earned with respect to one-half of the Shares subject to the EBITDA/Revenue Margin Restricted Stock Units on December 31, 2007 and one-half on December 31, 2008 to the extent that the Actual EBITDA/Revenue Margin for the fiscal year ending on such Performance Date equals or exceeds the Target EBITDA/Revenue Margin for such fiscal year. The minimum level of performance at which EBITDA/Revenue Margin Restricted Stock Units can be earned is eighty-five percent (85%) of Actual EBITDA/Revenue Margin. At the minimum level, fifty percent (50%) of the one-half of the EBITDA/Revenue Margin Restricted Stock Units can be earned on each Performance Date. Below this minimum level of performance, zero percent (0%) EBITDA/Revenue Margin Restricted Stock Units can be earned. EBITDA/Revenue Margin Restricted Stock Units will be straight line interpolated for performance falling between target and minimum levels.

EBITDA/Revenue Margin Restricted Stock Units. Subject to the Participant’s continued Employment with the Company and its Affiliates (except as provided in Section 3(g)) through February 28March 17, 2009, the EBITDA/Revenue Margin Restricted Stock Units shall be earned vest with respect to one-half third of the Shares subject to the EBITDA/Revenue Margin Restricted Stock Units on December 31, 2007 and one-half on December 31, 2008 each Performance Date to the extent that the Actual EBITDA/Revenue Margin for the fiscal year ending on such Performance Date equals or exceeds the Target EBITDA/Revenue Margin for such fiscal year. The minimum level of performance at which EBITDA/Revenue Margin Restricted Stock Units can be earned is eighty-five percent (85%) of Actual EBITDA/Revenue Margin. At the minimum level, fifty percent (50%) of the one-half third of the EBITDA/Revenue Margin Restricted Stock Units can be earned on each Performance Date. Below this minimum level of performance, zero percent (0%) EBITDA/Revenue Margin Restricted Stock Units can be earned. EBITDA/Revenue Margin Restricted Stock Units will be straight line interpolated for performance falling between target and minimum levels.