Performance Contingency and Vesting Sample Clauses

Performance Contingency and Vesting. Shares of PCDS will be earned and then converted into an equivalent number of shares of CDI Stock (subject to vesting) depending on the Company’s achievement of DM. The percentage of the target number of shares of PCDS which would be earned is indicated in the table in Attachment 1. The Recipient will not be entitled to receive any shares of CDI Stock with respect to shares of PCDS which have been earned until the shares of CDI Stock have vested. Such shares of CDI Stock will vest as follows: (a) 50% on the Determination Date, and (b) 50% on the first anniversary of the Determination Date. Soon after vesting, a stock certificate (or notice of book entry issuance by the Company’s transfer agent) representing the appropriate number of shares of CDI Stock will be delivered to the Recipient. The number of shares of CDI Stock which the Recipient will receive upon vesting shall be decreased in accordance with Section 5 below regarding tax withholding. If the Recipient’s employment with the Company terminates for any reason prior to the Determination Date, no shares of CDI Stock will vest and such shares shall be forfeited as of the date that Recipient’s employment with the Company terminates. If the Recipient’s employment with the Company terminates between the Determination Date and the first anniversary of the Determination Date, the Recipient will be entitled to receive the shares of CDI Stock which vest upon the Determination Date but the shares scheduled to vest on the first anniversary date of the Determination Date shall be forfeited; provided, however, that if, between the Determination Date and the first anniversary of the Determination Date, the Recipient’s employment with the Company terminates as a result of death, Disability or Retirement, any shares of CDI Stock scheduled to vest on the first anniversary date of the Determination Date will become immediately vested.
Sample 1See All (4)
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Performance Contingency and Vesting. A number of shares of Performance-Contingent Deferred Stock will be granted to Executive if certain levels of Contribution Margin are achieved, in accordance with Exhibit C of the Employment Agreement. Such shares of Performance Contingent Deferred Stock will vest in accordance with the applicable provisions of Section 5(b)(i)(B) of the Employment Agreement. The number of shares of Performance-Contingent Deferred Stock that vest will be reduced for tax withholding in accordance with Section 5 below. A stock certificate representing the number of shares of CDI stock remaining after the tax withholding will then be delivered to Executive. If Executive’s employment with the Company terminates for any reason prior to the vesting of shares of Performance- Contingent Deferred Stock, none of the unvested shares shall ever vest and such shares shall be forfeited as of the date that Executive’s employment with the Company terminates.
Sample 1
Performance Contingency and Vesting. Shares of PCDS will be earned and then converted into an equivalent number of shares of CDI Stock (subject to vesting) depending on the Company’s achievement of certain levels of RONA. The percentage of the target number of shares of PCDS which would be earned is indicated in the table below. RONA Range Percentage of the target number of shares PCDS which would be earned < 18.2% 0% From 18.2% to 19.9% 20% From 20.0% to 21.7% 40% From 21.8% to 23.5% 60% From 23.6% to 24.8% 80% From 24.9% to 26.6% 100% From 26.7% to 27.1%* 120%* From 27.2% to 27.6%* 140%* From 27.7% to 28.1%* 160%* From 28.2% to 28.6%* 180%* ³ 28.7%* 200%* * To earn in excess of 100% of the target number of shares, the CDI Net Income goal (and the applicable business unit Net Income goal for business unit executives) must be achieved or exceeded. The Recipient will not be entitled to receive any shares of CDI Stock with respect to shares of PCDS which have been earned until the shares of CDI Stock have vested. Such shares of CDI Stock will vest as follows: (a) 50% on the Determination Date, and (b) 50% on the first anniversary of the Determination Date. Soon after vesting, a stock certificate representing the appropriate number of shares of CDI Stock will be delivered to the Recipient. The number of shares of CDI Stock which the Recipient will receive upon vesting shall be decreased in accordance with Section 5 below regarding tax withholding. If the Recipient’s employment with the Company terminates for any reason prior to the Determination Date, no shares of CDI Stock will vest and such shares shall be forfeited as of the date that Recipient’s employment with the Company terminates. If the Recipient’s employment with the Company terminates between the Determination Date and the first anniversary of the Determination Date, the Recipient will be entitled to receive the shares of CDI Stock which vest upon the Determination Date but the shares scheduled to vest on the first anniversary date of the Determination Date shall be forfeited; provided, however, that if, between the Determination Date and the first anniversary of the Determination Date, the Recipient’s employment with the Company terminates as a result of death, Disability or Retirement, any shares of CDI Stock scheduled to vest on the first anniversary date of the Determination Date will become immediately vested.
Sample 1
Performance Contingency and Vesting. Up to maximum of 20% of the target number of Performance Shares will vest on the Determination Date in 2013 and on the Determination Dates of each of the four following years and will be settled in an equivalent number of shares of CDI Stock based upon the Company’s achievement during the immediately preceding fiscal year of the applicable annual operating income targets set forth in Attachment 1. The actual number of Performance Shares that will vest on each such date will be determined based on the actual percentage of the annual operating income target achieved for the applicable fiscal year, as follows:
Sample 1
Performance Contingency and Vesting. (a) Up to a maximum of 150% of the target number of Performance Shares will vest on the applicable Determination Date and will be settled in an equivalent number of shares of CDI Stock based upon the Company’s achievement during the applicable period of the Share Price Targets set forth below. The actual number of Performance Shares that will vest on each of the dates described below will be determined based on the Share Price Target achieved for the applicable period, as follows:
Sample 1
Performance Contingency and Vesting. An amount of Performance Contingent Deferred Stock will be earned and, subject to vesting, will be converted to CDI Stock and delivered to Executive, if certain levels of Pre-Tax Profit are achieved, in accordance with Exhibit C of the Employment Agreement. Such shares of CDI Stock will vest in accordance with the applicable provisions of Section 5(b)(ii)(B) of the Employment Agreement. Soon after vesting, a stock certificate representing the appropriate number of shares of CDI Stock will be delivered to Executive. The number of shares of CDI Stock payable to Executive shall be decreased in accordance with Section 5 below regarding tax withholding. If Executive’s employment with the Company terminates for any reason prior to the vesting of shares of Performance-Contingent Deferred Stock, none of the unvested shares shall ever vest and such shares shall be forfeited as of the date that Executive’s employment with the Company terminates. To the extent permitted under the Employment Agreement, Executive may choose to receive his CDI Stock in cash.
Sample 1

Related to Performance Contingency and Vesting

  • Performance Condition Notwithstanding the vesting schedule stated in the Award Notification, your Restricted Stock Units shall not vest unless the Company achieves positive Adjusted Net Earnings in any fiscal year during the term of the Award. “Adjusted Net Earnings” means net earnings determined in accordance with GAAP as publicly reported by the Company for a fiscal year, adjusted to eliminate the following: (1) the cumulative effect of changes in GAAP; (2) gains and losses from discontinued operations; (3) extraordinary gains or losses; and (4) any other unusual or nonrecurring gains or losses which are separately identified and quantified, including merger related charges. 

  • Performance Conditions The Shares shall be issuable only if (and to the extent) that the Performance Criteria, set forth herein, are satisfied during the Performance Period. The Controller of the Company and the Compensation Committee of the Board of Directors of the Company shall certify whether, and to what extent, the Performance Criteria have been achieved. If the minimum performance is not met, no Shares shall be issued and the Award shall be forfeited.

  • Performance Vesting Within sixty (60) days following the completion of the Performance Period, the Plan Administrator shall determine the applicable number of Performance Shares in accordance with the provisions of the Award Notice and Schedule I attached thereto.

  • Performance-Based Vesting At the end of each Measurement Year, on the Measurement Date, the percentage of Shares set forth above shall be eligible to vest (the "Eligible Shares"). On each Measurement Date, 50% of the Eligible Shares shall become Vested Shares if at least 90% of the Target EBITDA amount was met for the prior Measurement Year. If more than 90% of the Target EBITDA amount was met for the prior Measurement Year, then the Eligible Shares shall become Vested Shares on a straight line basis such that an additional 5% of Eligible Shares shall become Vested Shares for each 1% that actual Consolidated Adjusted EBITDA exceeds 90% of the Target EBITDA amount.

  • Vesting of Performance Shares As long as you remain employed with PG&E Corporation, the Performance Shares will vest on the first business day of March (the “Vesting Date”) of the third year following the date of grant specified in the cover sheet. Except as described below, all Performance Shares subject to this Agreement that have not vested shall be forfeited upon termination of your employment.

  • Accelerated Vesting of Equity Awards One hundred percent (100%) of Executive’s then-outstanding and unvested Equity Awards will become vested in full. If, however, an outstanding Equity Award is to vest and/or the amount of the award to vest is to be determined based on the achievement of performance criteria, then the Equity Award will vest as to one hundred percent (100%) of the amount of the Equity Award assuming the performance criteria had been achieved at target levels for the relevant performance period(s).

  • Committee Discretion to Accelerate Vesting Notwithstanding the foregoing, the Committee may, in its sole discretion, provide for accelerated vesting of the Option at any time and for any reason.

  • Financial Performance Covenant Upon the occurrence and during the continuance of a Covenant Trigger Event, the Borrower will maintain a Fixed Charge Coverage Ratio of not less than 1.0 to 1.0 measured for the most recent period of four consecutive fiscal quarters for which Required Financial Statements are available (or were required to be furnished) at the time of occurrence of such Covenant Trigger Event, and each subsequent four fiscal quarter period ending during the continuance of such Covenant Trigger Event.

  • Performance; No Default The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14) no Default or Event of Default shall have occurred and be continuing.

  • Financial Performance Covenants Notwithstanding anything to the contrary contained in Section 7.01, in the event that Holdings and the Borrower fail to comply with the requirements of any Financial Performance Covenant, until the expiration of the 10th day subsequent to the date the certificate calculating such Financial Performance Covenant is required to be delivered pursuant to Section 5.04(c), Holdings shall have the right to issue Permitted Cure Securities for cash or otherwise receive cash contributions to the capital of Holdings, and, in each case, to contribute any such cash to the capital of Borrower (collectively, the "Cure Right"), and upon the receipt by Borrower of such cash (the "Cure Amount") pursuant to the exercise by Holdings of such Cure Right such Financial Performance Covenant shall be recalculated giving effect to the following pro forma adjustments:

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