Measurement Date. “Measurement Date,” with respect to an award of performance stock units or performance stock options, shall mean the date the Compensation Committee of the Board of Directors determines the achievement of the applicable performance goals for the applicable performance period.
Measurement Date. 13 Merger............................................................................................................2
Measurement Date. “Measurement Date” shall mean the date of the third anniversary of an IPO.
Measurement Date. The earlier of (1) the date upon which the Executive's employment with the Company terminates for any reason whatsoever (including, without limitation, termination of employment by reason of the death or retirement of the Executive), (2) the date upon which the Executive becomes Disabled, or (3) the effective date of the termination of this Agreement pursuant to Paragraph 8 hereof.
Measurement Date. The Borrower shall provide to the Administrative Agent a certificate of a Responsible Officer detailing the latest twelve month total Consolidated Net Debt/EBITDA Ratio as soon as practicable, but in no event later than five Business Days after the consolidated financial statements of the Borrower and its Subsidiaries have been delivered pursuant to Section 8.01 (each such date, a “Measurement Date”).
Measurement Date. The parties have agreed to establish the date as of the next month end following sixty (60) days after the Transfer Date as the date established for purposes of calculating the amount of the Initial Payment and each of the four Anniversary Payments as set forth and defined below (the “Measurement Date”).
Measurement Date. Unless this Agreement shall have been terminated pursuant to Section 10.3, the “Measurement Date” will be (i) the later of (a) July 7, 2014 and (b) the first business day after July 7, 2014 that is at least ten days following the date on which the last of the conditions set forth in ARTICLE 7 and ARTICLE 8 has been satisfied or waived in accordance with the terms of this Agreement (other than (A) any such conditions which by their terms or nature are not capable of being satisfied until the Measurement Date or the applicable Transition Date Closing, as applicable, and (B) the conditions set forth in Section 8.6, Section 8.7, Section 8.8 or Section 8.13, but subject to the satisfaction or waiver of any such conditions described in clauses (A) and (B) on or prior to the Measurement Date or the applicable Transition Date Closing, as applicable), or (ii) on such other date or time as the parties may mutually determine. To the extent any condition set forth in ARTICLE 7 or ARTICLE 8 has been satisfied or waived as of the Measurement Date for the Stores not excluded from the Transition Date Closings in accordance with Section 2.3(c), Section 6.3(d), ARTICLE 8, Section 10.16, or Section 10.17, then neither party may rely on the subsequent failure of that condition to be satisfied after the Measurement Date and prior to the applicable Transition Date Closing as a reason not to consummate the transactions contemplated by this Agreement at the applicable Transition Date Closing. Without limiting the provisions of Section 2.1, Section 3.2, or Section 3.3, on the Measurement Date, Buyers will deposit the Base Purchase Price into the Escrow Account established pursuant to the terms of the Escrow Agreement.
Measurement Date. “Measurement Date” shall mean any date upon which a Change in Control or a Liquidity Event occurs.
Measurement Date. The date six (6) months prior to the date of a Change in Control.
Measurement Date. The term "Measurement Date" shall mean October 31, 1996.
