Common use of Performance-Based Vesting Clause in Contracts

Performance-Based Vesting. A portion of the Option equal to 5,000 shares of each class of Common Stock (the “Performance-Vested Option”) shall vest and become exercisable as provided below; provided, that the Participant has not experienced a Termination prior to such date. (i) If, on any date from and after the Grant Date, the Company’s LTM EBITDA equals or exceeds $99,000,000 on the last day of each of the 12 consecutive calendar months ending prior to such date, 50% of the Performance-Vested Options shall vest; and (ii) If, on any date from and after the Grant Date, the Company’s LTM EBITDA equals or exceeds $150,000,000 on the last day of each of the 12 consecutive calendar months ending prior to such date, 100% of the Performance-Vested Options shall vest.

Performance-Based Vesting. A portion of the Option equal to 5,000 7,750 shares of each class of Common Stock (the “Performance-Vested Option”) shall vest and become exercisable as provided below; provided, that the Participant has not experienced a Termination prior to such date. (i) If, on any date from and after the Grant Date, the Company’s LTM EBITDA equals or exceeds $99,000,000 on the last day of each of the 12 consecutive calendar months ending prior to such date, 50% of the Performance-Vested Options shall vest; and (ii) If, on any date from and after the Grant Date, the Company’s LTM EBITDA equals or exceeds $150,000,000 on the last day of each of the 12 consecutive calendar months ending prior to such date, 100% of the Performance-Vested Options shall vest.

Performance-Based Vesting. A portion of the Option equal to 5,000 7,750 shares of each class of Common Stock (the “Performance-Vested Option”) shall vest and become exercisable as provided below; provided, that the Participant has not experienced a Termination prior to such date. (i) If, on any date from and after the Grant Date, the Company’s LTM EBITDA equals or exceeds $99,000,000 175,000,000 on the last day of each of the 12 consecutive calendar months ending prior to such date, 50% of the Performance-Vested Options shall vest; and (ii) If, on any date from and after the Grant Date, the Company’s LTM EBITDA equals or exceeds $150,000,000 225,000,000 on the last day of each of the 12 consecutive calendar months ending prior to such date, 100% of the Performance-Vested Options Based Shares shall vest.

Performance-Based Vesting. A portion of the Option equal to 5,000 shares of each class of Common Stock (the “Performance-Vested Option”) shall vest and become exercisable as provided below; provided, that the Participant has not experienced a Termination prior to such date. (i) If, on any date from and after the Grant Date, the Company’s LTM EBITDA equals or exceeds $99,000,000 150,000,000 on the last day of each of the 12 consecutive calendar months ending prior to such date, 50% of the Performance-Vested Options shall vest; and (ii) If, on any date from and after the Grant Date, the Company’s LTM EBITDA equals or exceeds $150,000,000 225,000,000 on the last day of each of the 12 consecutive calendar months ending prior to such date, 100% of the Performance-Vested Options shall vest.