Outperformance Award a. On April 15, 2014 (the “Grant Date”) the Advisor was granted the Award, consisting of 8,880,579 LTIP Units (the “Award LTIP Units”), which will be subject to forfeiture and vesting to the extent provided in this Section 3 and Section 4 hereof.
Outperformance Award. On the Effective Date, the Company shall grant to the Executive a performance incentive award entitling the Executive to 35% of the “Total Outperformance Pool,” as such term is defined in the Outperformance Award Agreement attached as Exhibit C hereto, subject to the terms and conditions of such award agreement.
Outperformance Award. Subject to the terms and conditions of the Company’s 2004 Outperformance Bonus Program, Executive shall be eligible to receive an outperformance award thereunder, representing % of the total bonus pool available under the Outperformance Bonus Program.
Outperformance Award a. The Grantee is hereby granted an Award, consisting of the number of LTIP Units set forth on Schedule A hereto (the “Award LTIP Units”), which will be subject to (i) forfeiture to the extent provided in this Section 3 and (ii) vesting as provided in Section 3(c) and Section 4 hereof.
Outperformance Award. (a) The Grantee is hereby granted this Award, consisting of the number of LTIP Units set forth on Schedule A hereto (the “Award LTIP Units”), which (i) will be subject to forfeiture to the extent provided in this Section 3 and (ii) will be subject to vesting as provided in Section 3(d) and Section 4 hereof. At any time prior to or in connection with the calculation of the Total OPP Unit Equivalent, the Partnership may issue additional LTIP Units to the Grantee as provided in Section 3 hereof that shall also be considered Award LTIP Units and subject to all of the terms and conditions of this Agreement; provided that such issuance will be subject to the Grantee executing and delivering such documents, comparable to the documents executed and delivered in connection with this Agreement, as the Company and/or the Partnership reasonably request in order to comply with all applicable legal requirements, including, without limitation, federal and state securities laws, and the Grantee paying the Per Unit Purchase Price for each such additional LTIP Unit issued on or before the issuance date.
Outperformance Award. (a) Subject to Section 8, the Grantee is hereby granted an Award consisting of the participation percentage in the Outperformance Pool set forth on the first page of this Agreement. In approving the Outperformance Plan the Committee has resolved that the Grantee’s Award be denominated in and settled through the issuance of OPP Units in a number calculated to give the Grantee a value equal to the Grantee’s participation percentage in the Outperformance Pool (“Award OPP Units”) as of the Valuation Date. The timing of issuance of Award OPP Units to the Grantee pursuant to this Award will be within the full and exclusive control of the Committee, so long as it such issuance occurs on or prior to the Valuation Date as provided in this Section 3. Without limiting the discretion of the Committee, Award OPP Units may be issued to the Grantee: (i) from time to time based on a determination by the Committee of the extent to which the performance objectives established under the Outperformance Plan have been achieved and an estimate of the value of the Outperformace Pool as of such time or times; (ii) as of the Valuation Date based on the final calculations set forth in Section 3(b) of this Agreement; or (iii) at any other time or times between the date hereof and the Valuation Date. Award OPP Units, when issued, shall constitute and be treated as the property of the Grantee, subject to the terms of this Agreement and the Partnership Agreement. The issuance of Award OPP Units to the Grantee pursuant to this Award shall be set forth in minutes of the meetings of the Committee and communicted to the Grantee in writing promptly after the approval thereof by the Committee. Award OPP Units will be: (A) subject to forfeiture or increase to the extent provided in this Section 3 as set forth below; and (B) subject to vesting as provided in Sections 4 and 8 hereof. In connection with each issuance of Award OPP Units the Grantee shall execute and deliver to the Company and the Partnership such documents, comparable to the documents executed and delivered in connection with this Agreement, as the Company and/or the Partnership reasonably request in order to comply with all applicable legal requirements, including, without limitation, federal and state securities laws.
Outperformance Award. (a) Subject to Section 8, the Grantee is hereby granted an Award consisting of the number of LTIP Units set forth above (“Award LTIP Units”), which (A) will be subject to forfeiture or increase to the extent provided in this Section 3 as set forth below and (B) will be subject to vesting as provided in Sections 4 and 8 hereof.
Outperformance Award a. The Manager is hereby granted an Award, consisting of LTIP Units with an aggregate Fair Market Value on the Effective Date equal to five percent (5%) of the Initial Market Cap, allocated among the LTIP Units of the Partnerships on the Effective Date by the “independent directors” (as defined under the stock exchange on which the Class A Common Stock is listed) of the Board based upon any reasonable method as determined in their sole discretion (the “Award LTIP Units”), which will be subject to forfeiture and vesting to the extent provided in this Section 3 and Section 4 hereof.
Outperformance Award. On the Effective Date, the Company and ARCP shall grant to the Executive an additional 10% participation percentage under the American Realty Capital Properties, Inc. 2014 Multi-Year Outperformance Plan (the “OPP Plan”) in the form of award agreement attached as Exhibit A hereto. Such grant shall be in addition to the 5% participation percentage under the OPP Plan previously granted to the Executive.
Outperformance Award a. On the Grant Date the Service Provider was granted in the aggregate 3,975,000 LTIP units of the Operating Subsidiaries (which had an aggregate Fair Market Value determined as of the Effective Date equal to five percent (5%) of the Initial Market Cap) (the “Operating Subsidiary LTIP Units”). Effective as of the Reorganization Date, the Service Provider contributed the Operating Subsidiary LTIP Units to the Partnership in exchange for 1,325,000 LTIP Units of the Partnership (the “Award LTIP Units”), which are subject to forfeiture and vesting to the extent provided in this Section 3 and Section 4 hereof.
