Performance Based Vesting Condition. The Performance Condition will be met if during any 90-consecutive-calendar-day period falling within the Award Period (as defined below), the reported closing price of the Company’s Shares averages $65.00 per Share. Meeting of the Performance Condition is subject to certification by the Committee that the foregoing performance criteria have been established and the Performance Condition applicable to the Restricted Stock has been met on the date as of which such certification is made. The Restricted Stock will be forfeited if the conditions for vesting set forth in Section 2 or Section 3 are not met by the end of the Award Period. The “Award Period” is the period beginning on the Grant Date and ending on the fifth anniversary of the Grant Date.
Performance Based Vesting Condition. In order for you to vest in any of the shares of Stock under this Restricted Stock Unit Grant, the Company must obtain net revenue for fiscal year [year] of $###,000,000, holding metal prices constant [and excluding revenue from the Voisey’s Bay net smelter return royalty] (the “Performance-Based Vesting Condition”). If the Performance-Based Vesting Condition is not satisfied for fiscal year [year], all of the shares of Stock underlying this Restricted Stock Unit Grant will be forfeited.
Performance Based Vesting Condition. The Award shall vest pursuant to the terms of this Agreement (including Section 3.2 below) and the Plan and based on the achievement of the performance goal (the “Performance Goal”) during the performance period (the “Performance Period”), each as described below, provided that that the Holder remains in continuous employment with the Company Group through the Restriction Period (as defined below). The Performance Period shall be the period beginning on [BEGINDATE] and ending on [ENDDATE]. The Performance Goal shall be the sum of the Company’s Adjusted EBITDA performance for each of the fiscal year ending on March 31 during the Performance Period. For purposes of this Award, EBITDA shall be defined as the Company’s net income, calculated in accordance with generally accepted accounting principles, before interest, taxes, depreciation and amortization. Adjusted EBITDA may include additional customary adjustments including, but not limited to: stock-based compensation expense, minority interest, equity and/or debt related transaction expenses, acquisition related adjustments, restructuring or other similar expenses, goodwill impairment charges or any other adjustments of a similar nature that may be approved by the Company’s Board of Directors from time to time. The Award shall be earned based on the achievement of the Performance Goal at the following levels: Threshold Level $[THRESHOLDGOAL] 50% of Target Award Target Level $[TARGETGOAL] 100% of Target Award Maximum Level $[MAXIMUMGOAL] 200% of Target Award
(a) The payout shall be interpolated on a straight-line basis if the Company’s Adjusted EBITDA performance falls between the Threshold Level and Target Level or the Target Level and Maximum Level. If the calculated payout would result in a fractional security, the shares of Stock issued in settlement of the Award shall be rounded down to the nearest whole share. The Holder shall earn zero shares of Stock for Adjusted EBITDA performance below the Threshold Level. Adjusted EBITDA contributions from acquisition activity during the Performance Period shall count toward the Performance Goals described above, unless otherwise determined by the Committee. Attainment of the Performance Goal shall be determined and certified by the Committee in writing within 60 days following the last day of the Performance Period.
Performance Based Vesting Condition. The Performance Condition will be met if during any 30-consecutive-calander-day period falling within the Award Period (as defined below), the reported closing price of the Company’s Shares equals or exceeds $30.00 per Share provided that the Participant remains continuously employed by the Company or a subsidiary of the Company during the portion of the Award Period occurring prior to the date on which the Performance Condition is met. Meeting of the Performance Condition is subject to certification by the Committee that the foregoing performance criteria have been established and the Performance Condition applicable to the Restricted Stock have been met on the date as of which such certification is made. The Restricted Stock will be forfeited if the conditions for vesting set forth in Section 2 or Section 3 are not met by the end of the Award Period.
Performance Based Vesting Condition. In order for you to vest in any of the shares of Restricted Stock covered by this grant, the Company must obtain earnings before interest, taxes, depreciation and amortization, and other non-cash charges for fiscal of $ (the “Performance-Based Vesting Condition”). If the Performance-Based Vesting Condition is not satisfied for fiscal , all of the shares of Stock underlying this Restricted Stock grant will be forfeited.
Performance Based Vesting Condition. The Price-Vested Units shall satisfy this Performance-Based Vesting Condition to the extent that the average closing price (on the New York Stock Exchange or other principal exchange on which the shares of Company’s common stock are traded) of the Company’s common stock reaches the levels set forth below for a period of 60 consecutive trading days at any time prior to the fifth (5th) anniversary of the Grant Date.
Performance Based Vesting Condition. Appendix A sets forth the Performance Condition that must be satisfied in order for the Performance Shares to be eligible for vesting. The Performance Condition is based on Xxxxxxxxxxx’x annualized absolute total shareholder return (“ATSR”) during the period beginning on the Grant Date and ending on the third anniversary of the Grant Date (the “Performance Period”), all as set forth on Appendix A. The Committee shall certify in writing the extent to which the Performance Condition has been achieved and the number of Performance Shares eligible for vesting based on the Performance Condition as soon as administratively practicable, but no later than 60 days, following the end of the Performance Period (the “Certification Date”). The Performance Shares that become eligible for vesting under this Section 2(b) are hereinafter referred to as the “Eligible Performance Shares.” Any unvested Performance Shares which are not eligible for vesting based on the Performance Condition shall be automatically forfeited, terminated and cancelled effective as of the Certification Date without payment of any consideration by the Company, and the Participant or the Participant’s beneficiary or representative, as the case may be, shall have no further rights with respect to such Performance Shares under this Agreement.
Performance Based Vesting Condition. For purposes of this Exhibit: • The maximum number of performance-based restricted stock units subject to this Agreement is 200% of the target number of %%TOTAL_SHARES_GRANTED,’999,999,999’%-%, 100% of which shall be eligible for vesting with respect to attainment of the Performance Measure in the Performance Period (as such term is defined below), as set forth below.
Performance Based Vesting Condition. This Option shall become Vested (all at once or over time, as provided in Appendix A, but no earlier than any Scheduled Vesting Date) if the Committee has certified that the Goal has been satisfied ("Certification"). Vesting shall not occur as to any portion of the Option for which Certification does not occur by the earlier of the “Expiration Date” (as defined in Paragraph 3(a)) or the date of the Applicable Committee Meeting following the final calendar year of the Performance Period (the earliest date being the “Deadline”), and if Certification does not occur by the Deadline, the entire Option shall be forfeited as of the Deadline even if such date is prior to the Scheduled Vesting Date.
Performance Based Vesting Condition. One third of the Restricted Stock Units shall satisfy the performance-based vesting condition, if at all, upon the Committee’s certification of the Company’s achievement of each Price Goal during the period commencing on the Effective Date and ending on the fourth anniversary thereof (the “Performance Period”). A “
