Common use of Performance-Based Vesting Clause in Contracts

Performance-Based Vesting. Following the end of each Measurement Year, on the Measurement Date, the number of Performance Units set forth above that are identified above as first being eligible to vest for that Measurement Year (the "Eligible Performance Units") shall be eligible to vest. On each Measurement Date, 50% of the Eligible Performance Units with respect to the prior Measurement Year shall become Vested Units if at least 90% of the annual EBITDA target amount was met for the prior Measurement Year. If more than 90% of the annual EBITDA target amount was met for the prior Measurement Year, then the Eligible Performance Units with respect to the prior Measurement Year shall become Vested Units on a straight line basis such that an additional 5% of Eligible Performance Units shall become Vested Units for each 1% that actual EBITDA exceeds 90% of the annual EBITDA target amount.

Performance-Based Vesting. Following the end of each Measurement Year, on the Measurement Date, the number of Performance Units set forth above that are identified above as first being eligible to vest for that Measurement Year (the "“Eligible Performance Units"”) shall be eligible to vest. On each Measurement Date, 50% of the Eligible Performance Units with respect to the prior Measurement Year shall become Vested Units if at least 90% of the annual EBITDA target amount was met for the prior Measurement Year. If more than 90% of the annual EBITDA target amount was met for the prior Measurement Year, then the Eligible Performance Units with respect to the prior Measurement Year shall become Vested Units on a straight line basis such that an additional 5% of Eligible Performance Units shall become Vested Units for each 1% that actual EBITDA exceeds 90% of the annual EBITDA target amount.

Performance-Based Vesting. Following the end of each Measurement Year, on the Measurement Date, the number of Performance Units Shares set forth above that are identified above as first being eligible to vest for that Measurement Year (the "Eligible Performance UnitsShares") shall be eligible to vest. On each Measurement Date, 50% of the Eligible Performance Units Shares with respect to the prior Measurement Year shall become Vested Units Shares if at least 90% of the annual EBITDA target amount was met for the prior Measurement Year. If more than 90% of the annual EBITDA target amount was met for the prior Measurement Year, then the Eligible Performance Units Shares with respect to the prior Measurement Year shall become Vested Units Shares on a straight line basis such that an additional 5% of Eligible Performance Units Shares shall become Vested Units Shares for each 1% that actual EBITDA exceeds 90% of the annual EBITDA target amount.