Common use of Limitation on Cumulative Catch-up Clause in Contracts

Limitation on Cumulative Catch-up. Notwithstanding the foregoing, if (x) the results from any Unvested Annual Period or consecutive Unvested Annual Periods (each a “Prior Unvested Annual Period”) are included with the results from a subsequent Vested Annual Period or consecutive Vested Annual Periods (each a “Prior Vested Annual Period”) in a calculation of a Sum Cumulative Realized Percentage that does not equal or exceed 100%, and for which, accordingly, the applicable Annual Performance Equity Award Installment would remain unvested and (y) with respect to a Measurement Year following such Vested Annual Period or consecutive Vested Annual Periods there occurs an Unvested Annual Period (a “Later Unvested Annual Period”), then

Appears in 12 contracts

Samples: Class B Restricted Share Agreement (Intelsat LTD), Class B Restricted Share Agreement (Intelsat LTD), Class B Restricted Share Agreement (Intelsat LTD)

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