Performance Award Pool Clause Samples

Performance Award Pool. The Company has designated an initial bonus pool having a value of between $5,000,000 and $17,000,000, in each case in the aggregate, determined based on the performance conditions set forth below (the “Initial Award Pool”). The Company has further designated an additional bonus pool having a value of $3,000,000 (the “Additional Pool” and, together with Initial Award Pool, the “Performance Award Pool”). Upon all or a portion of the Performance Award Pool becoming earned as determined pursuant to Section 3, the Company shall issue to the Participant that number of Shares equal to (a) the product of (i) the Award Percentage and (ii) the earned portion of the Performance Award Pool, divided by (b) the Fair Market Value of a Share on the date such portion of the Performance Award Pool became earned, as determined by the Board, in each case further subject to the proration provisions of Section 4 of this Agreement and to the Participant remaining continuously employed through the applicable date of issuance, except as expressly provided in Section 5.

Performance Award Pool. The Committee may establish a Performance Award pool, which shall be an unfunded pool, for purposes of measuring performance of the Company in connection with Performance Awards. The amount of such Performance Award pool shall be based upon the achievement of a performance goal or goals based on one or more of the criteria set forth in Section 8(b)(ii) hereof during the given performance period, as specified by the Committee in accordance with Section 8(b)(iii) hereof. The Committee may, in its discretion, adjust the amount of such Performance Award pool to reflect the events or occurrences set forth in Section 8(b)(i). The Committee may specify the amount of the Performance Award pool as a percentage of any such criteria, a percentage thereof in excess of a threshold amount, or as another amount which need not bear a strictly mathematical relationship to such criteria.

Performance Award Pool. The Administrator may establish a Performance Award pool, which will be an unfunded pool, for purposes of measuring performance of the Company in connection with Performance Awards. The amount of such Performance Award pool will be based upon the achievement of a performance goal or goals based on one or more of the criteria set forth in Section 2.09(b)(i)(A) hereof during the given performance period, as specified by the Administrator. The Administrator may specify the amount of the Performance Award pool as a percentage of any of such criteria, a percentage thereof in excess of a threshold amount, or as another amount which need not bear a strictly mathematical relationship to such criteria.