Maximum Performance Goal Sample Clauses

Maximum Performance Goal. [ ]% of the Objective Criteria Target Units subject to the Objective Criteria Award shall vest and be earned if (i) [ ] meets or exceeds [ ] for the Performance Period (the “Objective Criteria Maximum Performance Goal”), and (ii) the Participant is employed by or in service with the Company on the Vesting Date and has been continuously employed or in service since the Date of Grant. Except as otherwise provided in this Agreement, both the performance condition described in Section 1(c)(i) and the service condition described in Section 1(c)(ii) must be met in order for any of the Objective Criteria Target Units to vest pursuant to this Section 1(c). Notwithstanding the foregoing, the Objective Criteria Award shall not be deemed payable, in whole or in part, until both of the following events have occurred: (A) the completion of the Company’s audited financial statements for the fiscal year ending [ ], and (B) the Administrator’s written certification regarding if and to the extent the applicable performance goals have been met. The Company’s calculation of [ ] for the Performance Period shall be conclusive and binding absent fraud or manifest and material error.
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Maximum Performance Goal of the Target Units subject to the Award shall vest and be earned if (i) meets or exceeds for the Performance Period (the “Maximum Performance Goal”), and (ii) the Participant is Employed by the Company on the Vesting Date and has been an employee continuously since the Date of Grant. Except as otherwise provided in this Agreement, both the performance condition described in Section 1(c)(i) and the service condition described in Section 1(c)(ii) must be met in order for any of the Units to vest pursuant to this Section 1(c). Notwithstanding the foregoing, the Award shall not be deemed payable, in whole or in part, until both of the following events have occurred: (A) the completion of the Company’s audited financial statements for the fiscal year ending and (B) the Committee’s written certification regarding if and to the extent the applicable performance goals have been met.
Sample 1
Maximum Performance Goal. The value of each Share shall be equal to % of the Target Value if meets or exceeds for the Performance Period (the “Maximum Performance Goal”). Notwithstanding the foregoing, the Award shall not be deemed payable, in whole or in part, until both of the following events have occurred: (A) the completion of the Company’s audited financial statements for the fiscal year ending and (B) the Committee’s written certification regarding if and to the extent the applicable performance goals have been met.
Sample 1
Maximum Performance Goal. The value of each Objective Criteria Performance Unit shall be equal to [ ]% of the Objective Criteria Target Value if [ ] meets or exceeds [ ] for the Performance Period (the “Objective Criteria Maximum Performance Goal”). Notwithstanding the foregoing, the Objective Criteria Award shall not be deemed payable, in whole or in part, until both of the following events have occurred: (A) the completion of the Company’s audited financial statements for the fiscal year ending [ ], and (B) the Administrator’s written certification regarding if and to the extent the applicable performance goals have been met. The Company’s calculation of [ ] for the Performance Period shall be conclusive and binding absent fraud or manifest and material error.
Sample 1

Related to Maximum Performance Goal

  • Performance Goal (a) Subject to the following sentence, the Performance Goal is set out in Appendix A hereto, which Appendix A is incorporated by reference herein and made a part hereof. Notwithstanding the foregoing, the provisions of Section 13 or any other provision of this Agreement to the contrary, the Committee reserves the right to unilaterally change or otherwise modify the Performance Goal in any manner whatsoever (including substituting a new Performance Goal), but only to the extent that the Committee has first determined that the exercise of such discretion would not cause the Performance Share Units to fail to qualify as “performance-based compensation” under Section 162(m) of the Code. If the Committee exercises such discretionary authority to any extent, the Committee shall provide the Grantee with a new Appendix A in substitution for the Appendix A attached hereto, and such new Appendix A and the Performance Goal set out therein (rather than the Appendix A attached hereto and the Performance Goal set out therein) shall in all events apply for all purposes of this Agreement.

  • Performance Measure The number of Performance Shares earned at the end of the three-year Performance Period will vary depending on the degree to which cumulative adjusted earnings per share performance goals for the Performance Period, as established by the Committee, are met.

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Performance Goals A. The Trust and State Street have developed mutually acceptable performance goals dated March 1, 2011 , and as may be amended from time to time, regarding the manner in which they expect to deliver and receive the services under this Agreement (hereinafter referred to as “Service Level Agreement”). The parties agree that such Service Level Agreement reflects performance goals and any failure to perform in accordance with the provisions thereof shall not be considered a breach of contract that gives rise to contractual or other remedies. It is the intention of the parties that the sole remedy for failure to perform in accordance with the provisions of the Service Level Agreement, or any dispute relating to performance goals set forth in the Service Level Agreement, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described in Sections V. B. and V.C. below. Notwithstanding the foregoing, the parties hereby acknowledge that any party’s failure (or lack thereof) to meet the provisions of the Service Level Agreement, while not in and of itself a breach of contract giving rise to contractual or other remedies, may factor into the Trust’s reasonably determined belief regarding the standard of care exercised by State Street hereunder.

  • Performance Objectives Subject to the terms of this Agreement, the Participant’s interest in the Stock Award shall vest and become transferable in accordance with paragraphs 3, 4 and 5 and Exhibit I based on the Company’s Compounded Annual Growth Rate TSR for the applicable measurement period relative to the Compounded Annual Growth Rate TSR for the applicable measurement period for the companies (other than the Company) listed in the NAREIT Hotel Index.

  • Performance Measures The extent, if any, to which you shall have the right to payment of the Award shall depend upon your satisfying one of the continuous employment conditions set forth in Section 3 and the extent to which the applicable performance measure has been satisfied as of the Final Measurement Date, as specified below: The Award shall have the following performance measures during the Measurement Period:

  • Performance Criteria The Performance Criteria are set forth in Exhibit A to this Agreement.

  • Performance Cycle The Performance Cycle for this Award shall commence on May 1, 2006, and shall end on December 31, 2008.

  • Performance Adjustment One-twelfth of the annual Performance Adjustment Rate will be applied to the average of the net assets of the Portfolio (computed in the manner set forth in the Fund's Declaration of Trust or other organizational document) determined as of the close of business on each business day throughout the month and the performance period.

  • Performance Period For purposes of this Agreement, the term “Performance Period” shall be the period commencing on January 29, 2018 and ending on January 29, 2021.

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