Peer Group Changes Sample Clauses

Peer Group Changes. If a member of the Peer Group declares bankruptcy or ceases to be publicly traded as a result of bankruptcy, it shall be deemed to remain in the Peer Group until the expiration of the Performance Period and shall occupy the lowest ranking in the Payout Schedule. If, as a result of a merger, acquisition or a similar corporate transaction, in which any member of the Peer Group ceases to be publicly traded, the Committee may in its sole discretion, revise the makeup of the Peer Group and calculate the resulting Total Shareholder Return for such affected member of the Peer Group, adjusting accordingly, the associated TSR Multipliers in a manner consistent with the methodologies contained herein. ​ ​ HOU:3760738.2 ‌ ​ Exhibit B Certain Definitions. ​ ​
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Peer Group Changes. If, as a result of merger, acquisition or a similar corporate transaction, a member of the Peer Group ceases to be a member of the Peer Group (an “Affected Peer Company”), the Affected Peer Company shall not be included in the Ten Company Payout Schedule and the applicable of the following alternative schedules shall be used in its place: Ten Company Payout Schedule Company Ranking Payout Multiplier 1 2.00 2 1.75 3 1.50 4 1.25 5 1.00 6 1.00 7 0.75 8 0.50 9 0.25 10 0.00 Nine Company Payout Schedule Company Ranking Payout Multiplier 1 2.00 2 1.75 3 1.50 4 1.25 5 1.00 6 0.75 7 0.50 8 0.25 9 0.00 Eight Company Payout Schedule Company Ranking Payout Multiplier 1 2.00 2 1.71 3 1.42 4 1.13 5 0.84 6 0.55 7 0.26 8 0.00 Seven Company Payout Schedule Company Ranking Payout Multiplier 1 2.00 2 1.67 3 1.33 4 1.00 5 0.67 6 0.33 7 0.00 Six Company Payout Schedule Company Ranking Payout Multiplier 1 2.00 2 1.60 3 1.20 4 0.80 5 0.40 6 0.00 Five Company Payout Schedule Company Ranking Payout Multiplier 1 2.00 2 1.50 3 1.00 4 0.50 5 0.00 If a member of the Peer Group declares bankruptcy, it shall be deemed to remain in the Peer Group until the Performance End Date and shall occupy the lowest ranking in the Payout Schedule. If, as a result of merger, acquisition or a similar corporate transaction, there are five or more Affected Peer Companies, the Committee may in its sole discretion revise the makeup of the Peer Group and make adjustments to the Payout Multipliers.
Sample 1Sample 2See All (5)
Peer Group Changes. If, as a result of merger, acquisition or a similar corporate transaction, a member of the Peer Group ceases to be a member of the Peer Group (an “Affected Peer Company”), the Affected Peer Company shall not be included in the Eight Company Payout Schedule and the applicable of the following alternative schedules shall be used in its place: Seven Company Payout Schedule Company Ranking Payout Multiplier 1 2.00 2 1.75 3 1.50 4 1.25 5 1.00 6 0.75 7 0.50 8 0.00 Six Company Payout Schedule Company Ranking Payout Multiplier 1 2.00 2 1.67 3 1.33 4 1.00 5 0.67 6 0.33 7 0.00 Five Company Payout Schedule Company Ranking Payout Multiplier 1 2.00 2 1.67 3 1.33 4 1.00 5 0.50 6 0.00 Four Company Payout Schedule Company Ranking Payout Multiplier 1 2.00 2 1.50 3 1.00 4 0.50 5 0.00
Sample 1See All (4)
Peer Group Changes. If, as a result of merger, acquisition or a similar corporate transaction, a member of the Peer Group ceases to be a member of the Peer Group (an “Affected Peer Company”), the Affected Peer Company shall not be included in the Payout Schedule and the following alternative Payout Schedules shall be used in its place in determining the Payout Multiple: Seven Company Peer Group Payout Schedule Company Ranking Payout Multiplier 1 2.00 2 2.00 3 2.00 4 1.50 5 1.00 6 0.75 7 0.50 8 0.00 Six Company Peer Group Payout Schedule Company Ranking Payout Multiplier 1 2.00 2 2.00 3 1.50 4 1.00 5 0.67 6 0.33 7 0.00 If a member of the Peer Group declares bankruptcy, or ceases to be publicly traded as a result of bankruptcy, it shall not be deemed an Affected Peer Company and shall be deemed to remain in the Peer Group until the expiration of the Performance Period and shall occupy the lowest ranking in the Payout Schedule. If, as a result of merger, acquisition or a similar corporate transaction, there are three or more Affected Peer Companies, the Committee may in its sole discretion revise the makeup of the Peer Group and make adjustments to the Payout Multipliers in a manner consistent with the methodologies contained herein as determined by the Committee in its reasonable discretion.
Sample 1

Related to Peer Group Changes

  • Peer Group For purposes of this Agreement, the Company’s peer group (the “Peer Group”) shall be comprised of three components: (a) the industry peer group companies set forth in Exhibit A to this Agreement; (b) companies in the S&P 500 Index; and (c) companies in the Xxxxxx Xxxxxxx XXXX Index; provided, that each of the foregoing Peer Group components shall be subject to equitable adjustment by the Committee in its sole discretion to the extent that one or more companies in any component grouping shall cease to maintain separate legal existence by reason of merger or legal dissolution or otherwise, or shall no longer be part of the applicable index. For purposes of determining values earned for Value Management Award Units granted hereby, the components of the Peer Group will be given the following weightings: industry group 25%; S&P group 50%; and REIT Index group 25%.

  • Capitalization of the Group Companies (a) Section 3.2(a) of the Company Disclosure Schedules sets forth a true and complete statement as of the date of this Agreement of (i) the number and class or series (as applicable) of all of the Equity Securities of the Company issued and outstanding, (ii) the identity of the Persons that are the record and beneficial owners thereof and (iii) with respect to each Company Option, (A) the date of grant, (B) any applicable exercise (or similar) price, (C) the expiration date, and (D) any applicable vesting schedule (including acceleration provisions). All of the Equity Securities of the Company have been duly authorized and validly issued. All of the outstanding Company Stock are fully paid and non-assessable. The Equity Securities of the Company (1) were not issued in violation of the Governing Documents of the Company or the Company Stockholders Agreements or any other Contract to which the Company is party or bound, (2) were not issued in violation of any preemptive rights, call option, right of first refusal or first offer, subscription rights, transfer restrictions or similar rights of any Person and (3) have been offered, sold and issued in compliance with applicable Law, including Securities Laws. Except for the Company Options set forth on Section 3.2(a) of the Company Disclosure Schedules or the Allowed Awards either permitted by Section 5.1(b) or issued, granted or entered into in accordance with Section 5.1(b), the Company has no outstanding (x) equity appreciation, phantom equity or profit participation rights or (y) options, restricted stock, phantom stock, warrants, purchase rights, subscription rights, conversion rights, exchange rights, calls, puts, rights of first refusal or first offer or other Contracts that could require the Company to issue, sell or otherwise cause to become outstanding or to acquire, repurchase or redeem any Equity Securities or securities convertible into or exchangeable for Equity Securities of the Company. Each Company Option subject to Section 83 of the Code has been granted in compliance with or exempt from Section 409A of the Code, and each Company Option that is an incentive stock option within the meaning of Section 422 of the Code complies with Section 422 of the Code; in connection therewith, the exercise price of each Company Option is no less than the fair market value of the Common Stock at the date of grant.

  • Changes in Fiscal Periods Permit the fiscal year of the Borrower to end on a day other than December 31 or change the Borrower’s method of determining fiscal quarters.

  • Accounting Changes; Fiscal Year No Group Member shall change its (a) accounting treatment or reporting practices, except as required by GAAP or any Requirement of Law, or (b) its fiscal year or its method for determining fiscal quarters or fiscal months.

  • Market Capitalization At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

  • Performance Metrics In the event Grantee fails to timely achieve the following performance metrics (the “Performance Metrics”), then in accordance with Section 8.4 below Grantee shall upon written demand by Triumph repay to Triumph all portions of Grant theretofore funded to and received by Grantee:

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