Common use of FCF Cash Performance Upside Units Clause in Contracts

FCF Cash Performance Upside Units. Subject to the Participant’s continued Employment with the Company or one of its Affiliates (except as provided in Section 3(k)) through February 27, 2012, the FCF Cash Performance Upside Units shall be earned with respect to one-third of the Units subject to the FCF Cash Performance Upside Units on each FCF Performance Date to the extent that the Actual FCF for the fiscal year ending on such FCF Performance Date is between one hundred percent (100%) and one hundred twenty percent (120%) of the Target FCF for such fiscal year. The maximum level of performance at which FCF Cash Performance Upside Units can be earned is one hundred twenty percent (120%) of Actual FCF. At this maximum level of performance, fifty percent (50%) of the one-third of the FCF Cash Performance Units earned at target performance level can be earned as FCF Cash Performance Upside Units on each FCF Performance Date. Above this maximum level of performance, zero percent (0%) FCF Cash Performance Upside Units can be earned. The minimum level of performance at which FCF Cash Upside Units can begin to be earned is greater than one hundred percent (100%) of Actual FCF. FCF Cash Performance Upside Units will be straight line interpolated for performance falling between target and maximum levels of performance.