Performance Contingencies. The “Performance Contingencies” for this Award include two performance measures: EPS Growth and Dividend Growth as specified below: EPS Growth – EPS Growth is measured as the average of the annual earnings per share of Common Stock for the Company’s fiscal years 2008, 2009 and 2010. The Threshold, Target, and High Performance levels of performance and performance contingent restricted stock (PCRS) as to which restrictions may lapse are as follows: Threshold Target High Performance Level of Performance Average of $ per share or above Average of $ per share or above Average of $ per share or above Number of PCRS as to which restrictions lapse [1/3 of PCRS in grant x 70%] [2/3 of PCRS in grant x 70%] [# of PCRS in grant x 70%] Dividend Growth – Dividend Growth is measured as the total dividends per share declared on the Company’s common stock in fiscal year 2010. The Threshold, Target and High Performance levels of performance and PCRS as to which restrictions may lapse are as follows: Threshold Target High Performance Level of Performance Dividends declared of $ per share or above Dividends declared of $ per share or above Dividends declared of $ per share or above Number of PCRS as to which restrictions lapse [1/3 of PCRS in grant x 30%] [2/3 of PCRS in grant x 30%] [# of PCRS in grant x 30%] Total Shareholder Return for the Company or for a comparator company shall be calculated as follows: Average share price for the 7/1/10 – 9/30/10 quarter + value of reinvested dividends = Total end of performance period value – average share price for the 7/1/07 – 9/30/07 quarter = Total value created in performance period ÷ average share price for the 7/1/07 – 9/30/07 quarter = Total Shareholder Return
Performance Contingencies. Notwithstanding anything herein to the contrary, Purchaser’s obligation to close this transaction and purchase the Premises shall be contingent upon the satisfaction or waiver by Purchaser of those contingencies set forth in Exhibit B, attached hereto and made a part hereof (“Performance Contingencies”). All Performance Contingencies set forth in Exhibit B shall remain in force and effect for the respective specific periods of time (“Performance Contingency Periods”) identified
Performance Contingencies. I. Pursuant to Section 6 of this Agreement, the obligation of Purchaser to close on the sale and purchase of the Premises shall be expressly conditioned upon the satisfaction or waiver by Purchaser following Performance Contingencies:
Performance Contingencies. 1. 50% of Units vest when (1) the Executive completes two years of employment with the Company and (2) the Company’s average stock price for any period of consecutive three months beginning on or after December 1, 2011 exceeds by 10% the average stock price for the three-month period of September 1, 2011 through November 30, 2011.
Performance Contingencies. The “Performance Contingencies” for this Award include two performance measures: EPS Growth and Portfolio Development as specified below: EPS Growth – EPS Growth is measured as the average of the annual earnings per share of Common Stock for the Company’s fiscal years 2010, 2011, and 2012. The Threshold, Target, and High Performance levels of performance and performance contingent restricted stock (PCRS) as to which restrictions may lapse are as follows:
Performance Contingencies. Purchaser's obligation to Close this transaction and purchase the Premises shall be contingent upon the satisfaction or waiver by Purchaser of those contingencies set forth in Exhibit "C" attached hereto and made a part hereof ("Performance Contingencies"). All Performance Contingencies set forth in Exhibit "C" shall remain in force and effect for the specific period of time ("Contingency Period") identified in Exhibit "C". In the event a Performance Contingency is not satisfied in the manner and within the Contingency Period set forth in Exhibit "C", Purchaser may, within five (5) business days following the expiration of the Contingency Period, give written notice to Seller identifying Purchaser's inability to satisfy such condition and expressly terminating this Agreement as a result thereof ("Contingency Termination Notice"). In the event Purchaser serves a Contingency Termination Notice upon Seller in a timely fashion this Agreement shall thereupon terminate and be of no further force or effect. Failure of Purchaser to serve Seller with a Contingency Termination Notice prior to the expiration of the Contingency Period for any applicable Performance Contingency shall constitute the irrevocable waiver of such Performance Contingency by Purchaser. In the event a Contingency Termination Notice is given under the Due Diligence Performance Contingency, the Initial Earnxxx Xxxey and accrued interest shall be refunded to Purchaser. In the event a Contingency Termination Notice is given under the Governmental Approval Performance Contingency, the Deposit shall not be refunded to Purchaser except as otherwise expressly provided in Section 3.02 of this Agreement.
Performance Contingencies. The “Performance Contingencies” for this Award include three performance measures: LER Expansion, Restructure Propane Storage and Succession Management as specified below:
Performance Contingencies a) (i) Customer's obligation to purchase (or in the case of Software, license) any Product, Software and/or Services under this Agreement shall be subject to the Product having successfully passed a test ("Test"), the scope of the Test being limited to demonstrating the Product's compliance with the Specifications in Attachment B. The terms of the Test shall be mutually agreed between Customer and Avici within [CONFIDENTIAL TREATMENT REQUESTED]/*/ from the Effective Date. Avici shall be responsible for preparing and submitting to Customer the initial, proposed version of the Test. The Test will be conducted [CONFIDENTIAL TREATMENT REQUESTED]/*/ utilizing a Product installed by Avici, [CONFIDENTIAL TREATMENT REQUESTED]/*/
