Fiscal Year 2007 Sample Clauses

Fiscal Year 2007. Subject to the Surviving Corporation’s achievement of Adjusted Earnings of at least $15,000,000 for the fiscal year ended December 31, 2007, the Merger Consideration shall include the First Earnout Shares.
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Fiscal Year 2007. If the Company’s EBITDA and Net Adds for Fiscal Year 2007 equal or exceed the EBITDA and Net Adds Achievement Thresholds (as set forth below), then a number of the Unreleased Shares shall be released from the Company’s Repurchase Option on the applicable Performance Vesting Effective Date equal to the number obtained by multiplying the percentage determined in accordance with the following table, by the total number of shares of Restricted Stock subject to the Award (as shown in the Grant Notice). 2007 EBITDA (in thousands) Threshold [***] 10 % 12.5 % 15 % Target [***] 12.5 % 20 % 22.5 % Maximum [***] 15 % 22.5 % 30 % The percentage of Unreleased Shares which shall be released from the Company’s Repurchase Option if performance is between the Achievement Threshold amount and the Achievement Target amount, or between the Achievement Target amount and the Achievement Maximum amount shall be determined by linear interpolation between the applicable Achievement amounts for each measure in accordance with the method described in Attachment B-1. [*] CERTAIN MATERIAL (INDICATED BY AN ASTERISK) HAS BEEN OMITTED FROM THIS DOCUMENT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Sample 1
Fiscal Year 2007. Effective July 1, 2006, the Max pay rate will be increased by three and one-half percent (3.5%).
Sample 1Sample 2
Fiscal Year 2007. If the Company's EBITDA (as defined below) and Net Adds (as defined below) for Fiscal Year 2007 equal or exceed the EBITDA and Net Adds Achievement Thresholds (as set forth below), then a number of the Unreleased Shares shall be released from the Company's Repurchase Option on the applicable Performance Vesting Effective Date equal to the number obtained by multiplying the percentage determined in accordance with the following table, by the total number of shares of Restricted Stock subject to the Award (as shown in the Grant Notice). 2007 Net Adds ------------------------------ Threshold Target Maximum [***] [***] [***] --------- ------ ------- 2007 Threshold 10% 12.5% 15% [***] EBITDA --------- ------ ----- ------ (in thousands) Target 12.5% 20% 22.5% [***] --------- ------ ----- ------ Maximum 15% 22.5% 30% [***] The percentage of Unreleased Shares which shall be released from the Company's Repurchase Option if performance is between the Achievement Threshold amount and the Achievement Target amount, or between the Achievement Target amount and the Achievement Maximum amount shall be determined by linear interpolation between the applicable Achievement amounts for each measure in accordance with the method described in Attachment B-1.
Sample 1
Fiscal Year 2007. If the Company’s EBITDA and Net Adds for Fiscal Year 2007 equal or exceed the EBITDA and Net Adds Achievement Thresholds (as set forth below), then the Option shall vest and become exercisable as to that number of shares of Common Stock equal to the number obtained by multiplying the percentage determined in accordance with the following table, by the total number of shares of Common Stock subject to the Option (as set forth in the Grant Notice). 2007 EBITDA (in thousands) [***] [***] [***] Threshold 10 % 12.5 % 15 % [***] Target 12.5 % 20 % 22.5 % [***] Maximum 15 % 22.5 % 30 % [***] The percentage for determining the number of shares of Common Stock that shall vest and become exercisable if performance is between the Achievement Threshold amount and the Achievement Target amount or between the Achievement Target amount and the Achievement Maximum amount shall be determined by linear interpolation between the applicable Achievement amounts for each measure in accordance with the method described in Attachment B-1.
Sample 1
Fiscal Year 2007. 2008: A pay for performance wage adjustment for a temporary period of time up to a maximum of four percent (4.0%) annually of an employee’s biweekly rate of pay pursuant to the provisions implemented in the Quality First Program.
Sample 1
Fiscal Year 2007. For the fiscal year of the Company beginning February 4, 2007 (“Fiscal Year 2007”): (i) Employee shall be eligible for a bonus pursuant to the terms and conditions previously established by the HRCC under The Bon-Ton Stores, Inc. Cash Bonus Plan (“Cash Bonus Plan”) with the following parameters: a threshold bonus of one hundred twelve and one half percent (112.5%) of Employee’s Base Salary effective May 1, 2006; a target bonus of one hundred fifty percent (150%) of Employee’s Base Salary effective May 1, 2006; and a maximum bonus of two hundred percent (200%) of Employee’s Base Salary effective May 1, 2006. If earned, one bonus will be paid depending upon the level of achievement as specified in subparagraphs (ii) through (v) below. (ii) This bonus shall be based on attainment of specified levels of achievement with respect to two performance measures. The achievement by the Company of a level of Net Income as determined in accordance with the Company’s normal accounting practices, consistent with past practices (“Net Income”) shall account for eighty percent (80%) of the potential bonus payout, and the achievement of the Total Company Sales Plan as determined in accordance with the Company’s normal accounting practices, consistent with past practices (“Total Company Sales Plan”) shall account for twenty (20%) of the potential bonus payout. Employee’s bonus for Fiscal Year 2007 shall be calculated in a manner consistent with the Company’s past practices and consistent with the bonus determinations for Fiscal Year 2007 for the other senior executives of the Company under the Cash Bonus Plan. (iii) The amount payable to Employee at the various levels of achievement is set out on a table entitled CEO 2007 Bonus Metrics (“CEO 2007 Bonus Metrics Table”), approved by the HRCC at its meeting on March 26, 2007, and delivered to Employee. (iv) A bonus as specified in the CEO 2007 Bonus Metrics Table between the levels of the threshold bonus and target bonus, or between the levels of the target bonus and the maximum bonus, as applicable, shall be paid for achievement of the performance measures specified in the CEO 2007 Bonus Metrics Table, subject to the following. (A) Failure to achieve Net Income at the level required for the threshold bonus as specified on the CEO 2007 Bonus Metrics Table shall result in no payment of any portion of the 2007 bonus. (B) Failure to achieve the Total Company Sales Plan at the level required for the threshold bonus as specified on t...
Sample 1
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Fiscal Year 2007. If the Company's EBITDA and Net Adds for Fiscal Year 2007 equal or exceed the EBITDA and Net Adds Achievement Thresholds (as set forth below), then the Option shall vest and become exercisable as to that number of shares of Common Stock equal to the number obtained by multiplying the percentage determined in accordance with the following table, by the total number of shares of Common Stock subject to the Option (as set forth in the Grant Notice). 2007 Net Adds ------------------------------------- Threshold Target Maximum [***] [***] [***] --------- ------------- ------- 2007 Threshold 10% 12.5% 15% EBITDA [***] (in thousands) Target 12.5% 20% 22.5% [***] Maximum 15% 22.5% 30% [***] The percentage for determining the number of shares of Common Stock that shall vest and become exercisable if performance is between the Achievement Threshold amount and the Achievement Target amount or between the Achievement Target amount and the Achievement Maximum amount shall be determined by linear interpolation between the applicable Achievement amounts for each measure in accordance with the method described in Attachment B-1. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Sample 1

Related to Fiscal Year 2007

  • Fiscal Year End Change, or permit any Subsidiary of any Borrower to change, its fiscal year end.

  • Fiscal Year The fiscal year of the Partnership shall be the calendar year.

  • End of Fiscal Years; Fiscal Quarters The Borrower will cause (i) its and each of its Domestic Subsidiaries’ fiscal years to end on December 31 of each calendar year and (ii) its and each of its Domestic Subsidiaries’ fiscal quarters to end on March 31, June 30, September 30 and December 31 of each calendar year.

  • Fiscal Year; Accounting The Company's fiscal year shall be the calendar year with an ending month of December.

  • Fiscal Year; Taxable Year The fiscal year and the taxable year of the Company is the calendar year.

  • Financial Statements; Fiscal Year The Current Financials were prepared in accordance with GAAP and present fairly, in all material respects, the consolidated financial condition, results of operations, and cash flows of the Companies as of, and for the portion of the fiscal year ending on the date or dates thereof (subject only to normal audit adjustments). All material liabilities of the Companies as of the date or dates of the Current Financials are reflected therein or in the notes thereto. Except for transactions directly related to, or specifically contemplated by, the Loan Documents or disclosed in the Current Financials, no subsequent material adverse changes have occurred in the consolidated financial condition of the Companies from that shown in the Current Financials. The fiscal year of each Company ends on December 31.

  • Quarterly Financials The Borrower shall provide, or shall cause to be provided, to the Administrative Agent, as soon as available, but in any event within 60 days after the end of each of the first three fiscal quarters of each fiscal year of the Borrower (commencing with the fiscal quarter ending June 30, 2015), consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such fiscal quarter, and the related consolidated statements of income or operations, shareholder’s equity and cash flows for such fiscal quarter and for the portion of the Borrower’s fiscal year then ended, setting forth in each case in comparative form the figures for the corresponding fiscal quarter of the previous fiscal year and the corresponding portion of the previous fiscal year, all in reasonable detail, such consolidated statements to be certified by the chief executive officer or the chief financial officer of the Borrower as (i) fairly presenting, in all material respects the financial condition, results of operations, shareholders’ equity and cash flows of the Borrower and its Subsidiaries in accordance with GAAP, subject only to normal year-end audit adjustments and the absence of footnotes, and (ii) showing that there were no material contingent obligations, liabilities for Taxes, unusual forward or long-term commitments, or unrealized or anticipated losses of the Borrower and its Subsidiaries, except as disclosed therein and adequate reserves for such items have been made in accordance with GAAP. Documents required to be delivered pursuant to Section 5.2(a) or (b) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date on which such documents are posted on the Borrower’s behalf on an Internet or intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (i) upon request, the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify the Administrative Agent and, upon request, each Lender (by telecopier or electronic mail) of the posting of any such documents and, upon request, provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents.

  • Quarterly Financial Statements As soon as available and in any event within 5 days after the date on which such financial statements are required to be filed with the SEC (after giving effect to any permitted extensions) with respect to each of the first three quarterly accounting periods in each fiscal year of the Borrower (or, if such financial statements are not required to be filed with the SEC, on or before the date that is 45 days after the end of each such quarterly accounting period), the consolidated balance sheets of the Borrower and the Subsidiaries and, if different, the Borrower and the Restricted Subsidiaries, in each case as at the end of such quarterly period and the related consolidated statements of operations for such quarterly accounting period and for the elapsed portion of the fiscal year ended with the last day of such quarterly period, and the related consolidated statement of cash flows for such quarterly accounting period and for the elapsed portion of the fiscal year ended with the last day of such quarterly period, and setting forth comparative consolidated figures for the related periods in the prior fiscal year or, in the case of such consolidated balance sheet, for the last day of the prior fiscal year (or, in lieu of such unaudited financial statements of the Borrower and the Restricted Subsidiaries, a detailed reconciliation reflecting such financial information for the Borrower and the Restricted Subsidiaries, on the one hand, and the Borrower and the Subsidiaries, on the other hand), all of which shall be certified by an Authorized Officer of the Borrower as fairly presenting in all material respects the financial condition, results of operations, stockholders’ equity and cash flows of the Borrower and its Subsidiaries in accordance with GAAP, subject to changes resulting from audit and normal year end audit adjustments.

  • Annual Accounting Period The annual accounting period of the Company shall be its taxable year. The Company’s taxable year shall be selected by the Member, subject to the requirements and limitations of the Code.

  • Quarterly Financial Reports The School shall prepare and submit quarterly financial reports to the Commission within 45 days of the end of each fiscal year quarter.

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