Common use of Performance Condition Clause in Contracts

Performance Condition. The Award is subject to a performance condition established by the Committee for the Company’s first full fiscal year commencing after the Grant Date (the “Performance Period”). Except as set forth in Section 7, as a condition to the receipt of any Shares in settlement of the Award, the Company’s consolidated EBIT for the Performance Period must be equal to or greater than $1 billion (the “Performance Condition”). The Committee shall determine whether the Performance Condition is satisfied as soon as practicable after completion of the Performance Period, but in any event not later than November 30 of the calendar year in which the Performance Period ends (the date the Committee so determines, the “Determination Date”). Except as set forth in Section 7, the Award shall be cancelled and the Executive shall have no rights hereunder if either (a) the Determination Date does not occur or (b) the Committee determines on the Determination Date that the Performance Condition has not been satisfied.

Performance Condition. The Award is subject to a performance condition established by the Committee for a period comprised of the third and fourth fiscal quarters of the Company’s first full fiscal year commencing after the Grant Date ending January 31, 2015 (the “Performance Period”). Except as set forth in Section 76, as a condition to the receipt of any Shares in settlement of the Award, the Company’s consolidated EBIT U.S. Segment Profit for the Performance Period must be equal to or greater than $1 billion 0 (the “Performance Condition”). The Committee shall determine whether the Performance Condition is satisfied as soon as practicable after completion of the Performance Period, but in any event not later than November 30 of the calendar year in which the Performance Period ends 30, 2015 (the date the Committee so determines, the “Determination Date”). Except as set forth in Section 76, the Award shall be cancelled and the Executive shall have no rights hereunder if either (a) the Determination Date does not occur or (b) the Committee determines on the Determination Date that the Performance Condition has not been satisfied.