Eligible Units. As of the Cut-Off Date, each Unit included in the Transaction SUBI Portfolio was an Eligible Unit.
Eligible Units. As of the Cut-Off Date, each Unit included in the Transaction SUBI Portfolio was an Eligible Unit (as described below in Representations (i) through (xix)). Lease Data tape Title documents
Eligible Units. As of the Cut-Off Date, each Unit included in the Transaction SUBI Portfolio was an Eligible Unit (as described below in Representations (i) through (xix). Lease Data tape Title documents
(i) Confirm that the test questions for Representations (i) through (xxi) below are confirmed.
(ii) If step (i) is confirmed, this will be a Test Pass.
Eligible Units. The number of Eligible Units for the Adjusted Performance Period, if any (not to exceed the Maximum Number of Units), shall equal the product of (i) the Target Number of Units and (ii) the Revenue Growth Factor for the Adjusted Performance Period, taking into account the following modifications to the Performance Criteria and the Revenue Growth Factor for the Adjusted Performance Period:
(i) The Revenue Growth for the Adjusted Performance Period (the “Adjusted Revenue Growth”) shall be determined by comparison of the Revenue for the full fiscal quarters of the Adjusted Performance Period, if any, completed on or before the consummation of the Change in Control (the “Adjusted Performance Period Revenue”) to the same full fiscal quarters contained in the Base Year (the “Adjusted Base Year Revenue”). Accordingly, the Adjusted Revenue Growth shall mean a percentage (rounded to the nearest 1/100th of 1%) determined by the quotient of (a) the excess, if any, of the Adjusted Performance Period Revenue over the Adjusted Base Year Revenue divided by (ii) the Adjusted Base Year Revenue. Adjusted Revenue Growth of less than 5% or more than 15% shall not be taken into account for purposes of determining the Revenue Growth Factor for Adjusted Performance Period.
(ii) The Revenue Growth Factor for the Adjusted Performance Period shall be determined with respect to the Adjusted Revenue Growth.
(iii) For the avoidance of doubt, if the Change in Control is completed before the completion of at least one full fiscal quarter during the Adjusted Performance Period, the number of Eligible Units shall be zero.
Eligible Units. The PJ must establish occupancy standards that will be used to determine the unit size (i.e., number of bedrooms) that TBRA families of various sizes and composition will be permitted to occupy. The PJ's standards for occupancy must be at least as stringent as those set out in the Section 8 Housing Quality Standards (HQS). At the time that it is approved for TBRA, the family should be counseled regarding the size of the unit for which it is approved, whether it will be permitted to select a unit that is larger or smaller than the approved unit size and what the consequences of such a decision will be with respect to the family's monthly contribution toward rent. The PJ may refer the TBRA family to suitable units. However, the PJ must inform the family that it is not obligated to select a referral unit. Rental units are selected by the tenant, and: o may be owned by the PJ, a PHA or another public entity or be privately owned housing; o may include units developed or rehabilitated with HOME assistance; o may be transitional housing units, if the lease terms meet the minimum lease requirements; o must not be units receiving public or Indian housing assistance, any Section 8 rent subsidies, or any other Federal, State or local subsidy that provides a duplicative subsidy to the HOME TBRA recipient or the unit which they propose to rent; and o if part of a cooperative, must be rented from the owner of the cooperative unit. HOME TBRA cannot be used to pay cooperative shares if the cooperative membership is considered ownership under HOME. In conjunction with the annual reexamination of income, the PJ must reexamine the TBRA family's size and composition to determine whether its circumstances have changed. Depending upon the occupancy requirements established by the PJ, a family whose size or composition has changed may be required to find a unit that is suitable to its current circumstances. Housing occupied by a family receiving TBRA must meet Section 8 HQS. The housing must meet both the performance and acceptability requirements outlined at 24 CFR 982.401. PJs may request waivers to permit specific variations on HQS. Examples that may justify deviations include local climatic or geological conditions or local codes. The PJ must inspect units selected by families receiving TBRA to determine whether they meet HQS before authorizing their initial rental and, thereafter, must inspect the units annually. The owner must maintain the premises in compliance with all ...
Eligible Units. Units covered under a project-based rental assistance agreement or Public Housing Authority units are not eligible for assistance under the TBRA PROGRAM. Units in a project partially covered by a project-based rental assistance agreement are eligible, provided that there is not project-based assistance available for the unit in question. All assisted units must be Permanent Housing as defined in Section 4.A. of this CONTRACT.
Eligible Units. Except as set forth in Section 4 below, provided the Participant is continuously employed by Omnicare or a Subsidiary from the date hereof through the Payment Date (as defined below), the Participant shall be paid a number of shares of Common Stock (the “Earned Shares”) equal to a percentage of the number of Target Shares based on (a) Omnicare’s achievement of the Cumulative Adjusted Cash Earnings Per Share (“EPS”) performance criteria set forth on Exhibit A attached hereto, (b) Omnicare’s achievement of the Cumulative Adjusted Cash Flow (“Cash Flow”) performance criteria set forth on Exhibit A attached hereto, and (c) any discretionary adjustments made by the Committee. Seventy-five percent (75%) of the Earned Shares is dependent upon Omnicare’s EPS for the [three-year period] (the “Performance Period”), with minimum threshold, target and maximum performance levels, which are set forth on Exhibit A. Twenty-five percent (25%) of the Earned Shares is dependent upon Omnicare’s Cash Flow for the Performance Period, with minimum threshold, target and maximum performance levels, which are set forth on Exhibit A. The initial determination of Earned Shares ranges from 50% to 200% of the Target Shares based on EPS and Cash Flow performance. Seventy-five percent (75%) of Target Shares will not be earned if the EPS for the Performance Period is below the minimum threshold level. Twenty-five percent (25%) of Target Shares will not be earned if the Cash Flow for the Performance Period is below the minimum threshold level.
Eligible Units. The number of Eligible Units, if any (not to exceed the Maximum Number of Units) for the Performance Period, is determined following completion of the Performance Period and shall equal the product of (i) the Target Number of Units and (ii) the Revenue Growth Factor determined for the Performance Period, as illustrated by Appendix A.
Eligible Units. As of the Cut-Off Date, such Unit was an Eligible Unit.
Eligible Units. Except as set forth in Section 4 below, provided the Participant is continuously employed by Omnicare or a Subsidiary from the date hereof through the Payment Date (as defined below), the Participant shall be paid a number of shares of Common Stock (the “Earned Shares”) equal to a percentage of the number of Target Shares based on (a) Omnicare’s achievement of the Earnings Per Share (EPS) performance criteria set forth on Exhibit A hereto, and (b) any discretionary adjustments made by the Committee. The initial determination of Earned Shares is dependent upon Omnicare’s compound annual EPS growth rate (CAGR) for the period of January 1, [___] to December 31, [___] [three years] (the “Performance Period”), with minimum, target and maximum performance levels. The initial determination of Earned Shares ranges from [___]% to [___]% of the Target Shares based on EPS performance. No Target Shares will be earned if EPS is below the minimum level. As soon as practicable following the end of the Performance Period, the Committee shall, in its sole discretion, determine the EPS, the number of Earned Shares based solely on EPS as set forth in Exhibit A, and whether to increase or decrease such number of shares by as much as [ ]% (the date of determination, the “Determination Date”). The Committee may consider total shareholder return, cash flow, customer retention, operational efficiency and any other aspects of Company and individual performance in determining whether or not the number of Earned Shares based solely on EPS should be modified upward or downward. However, the Committee cannot reduce or increase the number Earned Shares based solely on EPS by more than [___]%. The Earned Shares shall be paid as soon as practicable following the Determination Date, but no later than March 15, [___] (the date of payment, the “Payment Date”).
