Common use of Number of Performance Units Earned Clause in Contracts

Number of Performance Units Earned. Exhibit C attached hereto sets forth the formula for calculating the number of Performance Units earned based on the Fiscal ‎‎2025 EBITDA achieved. Pursuant to Exhibit C, the number of Performance Units earned shall be determined by ‎multiplying the number of Performance Units by a fraction (subject to a maximum of one (1)), ‎the numerator of which shall equal (i) Fiscal 2025 EBITDA achieved minus (ii) Target Fiscal 2025 ‎EBITDA, and the denominator of which shall equal (a) Maximum Fiscal 2025 EBITDA minus (b) ‎Target Fiscal 2025 EBITDA. If the level of performance achieved is less than or equal to the Target ‎Fiscal 2025 EBITDA, then no Performance Units shall be earned pursuant to this Section 3.3(c). For the avoidance of doubt, if the Grantee experiences a termination of employment or a Change of Control occurs, in either case, prior to the end of the Performance Period, no Performance Units shall be earned under this Section 3(c).

Number of Performance Units Earned. Exhibit C attached hereto sets forth the formula for calculating the number of Performance Units earned based on the Fiscal ‎‎2025 EBITDA achieved. Pursuant to Exhibit C, the number of Performance Units earned shall be determined by ‎multiplying the number of Performance Units by a fraction (subject to a maximum of one (1)), ‎the numerator of which shall equal (i) Fiscal 2025 EBITDA achieved minus (ii) Target Fiscal 2025 ‎EBITDA, and the denominator of which shall equal (a) Maximum Fiscal 2025 EBITDA minus (b) ‎Target Fiscal 2025 EBITDA. If the level of performance achieved is less than or equal to the Target ‎Fiscal 2025 EBITDA, then no Performance Units shall be earned pursuant to this Section 3.3(c). For the avoidance of doubtExcept as provided in Section 3(d) below, if the Grantee experiences a termination of employment or a Change of Control occurs, in either case, prior to the end of the Performance Period, no Performance Units shall be earned under this Section 3(c).

Number of Performance Units Earned. ‎ Exhibit C attached hereto sets forth the formula for calculating the number of Performance Units earned based on the Fiscal ‎‎2025 Xxxxx EBITDA achieved. Pursuant to Exhibit C, the number of Performance Units earned shall be determined by ‎multiplying the number of Performance Units by a fraction (subject to a maximum of one (1)), ‎the numerator of which shall equal (i) Fiscal 2025 Xxxxx EBITDA achieved minus (ii) Target Fiscal 2025 Xxxxx ‎EBITDA, and the denominator of which shall equal (a) Maximum Fiscal 2025 Xxxxx EBITDA minus (b) ‎Target Fiscal 2025 Xxxxx EBITDA. If the level of performance achieved is less than or equal to the Target ‎Fiscal 2025 Xxxxx EBITDA, then no Performance Units amounts shall be earned pursuant to this Section 3.3(c). For the avoidance of doubt, if the Grantee experiences a termination ceases to serve as President of employment Xxxxx or a Change of Control occurs, in either case, prior to the end of the Performance Period, no Performance Units shall be earned under this Section 3(c).