Fiscal Year 2008 Clause Samples

Fiscal Year 2008. Subject to the Surviving Corporation’s achievement of Adjusted Earnings of at least $19,000,000 for the fiscal year ended December 31, 2008, the Merger Consideration shall include the Second Earnout Shares.
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Fiscal Year 2008. Employer and Employee have agreed upon the Targets for the computation of Employee’s Deferred Bonus for Fiscal Year 2008 (which Targets are set out in Schedule 1-2008 which is attached hereto and hereby made a part hereof).
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Fiscal Year 2008. If the Company’s EBITDA and Net Adds for Fiscal Year 2008 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). [*] 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. 2008 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.
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Related to Fiscal Year 2008

  • 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.

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

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