Performance Criteria and Attainment Levels Sample Clauses

Performance Criteria and Attainment Levels. (a) The number of Stock Units that will be earned pursuant to this Award will be based on the Company’s Equity REIT Relative TSR as of the Valuation Date in accordance with the following table: Equity REIT Relative TSR Percentage ofStock Units Earned Number ofStock UnitsEarned Below 5th percentile [____] [____] Equal to or above 5th percentile but below 25th percentile [____] [____] Equal to or above 25th percentile but below 50th percentile [____] [____] Equal to or above 50th percentile [____] [____] For Equity REIT Relative TSR falling between the 25th percentile and the 50th percentile, the number of Stock Units earned will be based on linear interpolation between the number of Stock Units that would have been earned if Equity REIT Relative TSR was at the 25th percentile and the number that would have been earned if Equity REIT Relative TSR was at the 50th percentile, as set forth above. (b) The Committee, as promptly as practicable following the conclusion of the Performance Period (but, in any event, no later than two and one-half months after the conclusion of the Performance Period), shall determine the actual number of the Stock Units that are earned in accordance with this Section 2. Notwithstanding anything herein to the contrary, if a Change in Control occurs on or prior to the twelve (12) month-anniversary of the Grant Date, one hundred percent (100%) of the Stock Units subject to this Award shall be deemed earned in accordance with this Section 2.

Performance Criteria and Attainment Levels. (a) Except as otherwise set forth in this Award Agreement, the attainment level under this Restricted Stock Unit Award will be determined during the first 60 days of the calendar year immediately following the end of the Performance Period based on the Performance Metrics indicated in the attached Schedule. (b) Subject to the terms of any employment, executive or similar agreement between the Company and Awardee, upon an Acquisition that occurs prior to the end of the Performance Period, the provisions of Section 3(d) of the Plan shall apply; provided, however, that any determination by the Committee or Board in its discretion that the Award shall be deemed earned as of the Acquisition or Change in Control based on the actual achievement of the performance metric as of the Acquisition or Change in Control, and/or the vesting of the Award shall accelerate, shall provide that the actual achievement of the Award as of the Acquisition or Change in Control shall be the maximum level of achievement such that Awardee shall earn, and/or shall immediately vest in the CIC Percentage (as defined below) of the Target Award as of the Acquisition or Change in Control. (c) As used in this Award Agreement, the following terms shall have the following respective meanings:

Performance Criteria and Attainment Levels. (a) The number of Stock Units that will become Eligible Stock Units pursuant to this Award will be based on the gain or purchase price from the disposition of certain assets of the Company’s real estate portfolio, determined by reference to the following formula and subject to the final sentence of this Section 2(a): Number of Eligible Stock Units = (___%2 * Funded Amount) / $[_______] The Number of Eligible Stock Units shall be rounded to the nearest whole Stock Unit.

Performance Criteria and Attainment Levels. (a) The attainment level under this Restricted Stock Unit Award will be determined during the first 60 days of the calendar year immediately following the end of the Performance Period and will be contingent upon the Company TSR (as defined below) exceeding the Index Return. The number of Restricted Stock Units vested as a multiple of the Target Award shall be determined in accordance with the following table: Percentage Point Differential (defined below) Percentage of Target Award Vested * Payout for scenarios in which the Percentage Point Differential is negative shall occur only when Company TSR is positive over the Performance Period. For a Percentage Point Differential between the stated percentages above, the percentage of the Target Award earned will be based on interpolation. Notwithstanding the foregoing, in the event the Company TSR is negative but the Company still achieves a Percentage Point Differential at or above 0%, only 75 percent of the Target Award shall vest. (b) Upon a Change in Control (as defined below) that occurs prior to the end of the Performance Period, the provisions of Section 9.1 of the Plan shall apply; provided, however, that any determination by the Committee or Board that the Award shall Accelerate (as defined in the Plan) shall provide that Awardee shall earn, and shall immediately vest in, his or her Target Award, provided further, however, that for purposes of this Section 2(b) only, the number of Restricted Stock Units composing the Target Award shall be multiplied by a fraction, the numerator of which shall be the number of full and partial months from the Award Date to the effective date of the Change in Control and the denominator of which shall be 36. (c) As used herein, the following terms shall have the following respective meanings:

Performance Criteria and Attainment Levels. (a) Except as set forth in Section 2(b) below, the attainment level under this Restricted Stock Unit Award will be determined during the first 60 days of the calendar year immediately following the end of the Performance Period based on the performance metrics indicated in the attached Schedule. (b) Subject to the terms of any employment, executive or similar agreement between the Company and the Awardee, upon an Acquisition (as defined in the Plan) that occurs prior to the end of the Performance Period, the provisions of Section 3(d) of the Plan shall apply; provided, however, that any determination by the Committee or Board that the vesting of the Award shall accelerate shall provide that Awardee shall earn, and shall immediately vest in, his or her Target Award, provided further, however, that for purposes of this Section 2(b) only, the number of Restricted Stock Units composing the Target Award shall be multiplied by a fraction, the numerator of which shall be the number of full and partial months from the Award Date to the effective date of the Acquisition and the denominator of which shall be the number of months in the performance period. (c) As used herein, the following terms shall have the following respective meanings:

Performance Criteria and Attainment Levels. (a) Except as set forth in Section 2(b) below, the attainment level under this Restricted Stock Unit Award will be determined during the first 60 days of the calendar year immediately following the end of the Performance Period based on the performance metrics indicated in the attached Schedule. (b) In the event of a Change in Control, as defined in the Employment Agreement, that occurs prior to the end of the Performance Period, the provisions of Section 3(d) of the Plan shall apply; provided, however, that Awardee will be deemed to have satisfied the Performance Metrics and Awardee shall earn the number of Restricted Stock Units based on the attainment level that would otherwise have been determined from the first day of the Performance Period through the date of the Change in Control pursuant to Section 2(a) above, in each case except as provided in Section 4(d), subject to time-based cliff vesting conditioned on the Awardee’s continued employment through the last day of the Performance Period, at which time such deemed earned Restricted Stock Units shall vest and be settled in accordance with Section 3. (c) As used herein, the following terms shall have the following respective meanings:

Performance Criteria and Attainment Levels. (a) Except as set forth in Sections 1(b), 2(b), and 4(b) below, the attainment level under this Restricted Stock Unit Award will be determined during the first 60 days immediately following the end of the Performance Period and will be based on the Annualized TSR Percentage and Relative TSR Percentile set forth below. The number of Restricted Stock Units vested as a percentage of the Target Award shall be determined in accordance with the following table: Relative TSR Percentile Less than 60th Percentile 0% 0% 50% 100% 150% 200% 60th to 74.9th Percentile 25% 50% 75% 100% 150% 200% 75th to 84.9th Percentile 50% 75% 100% 100% 150% 200% 85th Percentile or higher 75% 100% 100% 100% 150% 200% In the event that the Annualized TSR Percentage is greater than 5 percent and falls between two levels in the above table, linear interpolation shall be used between columns to determine the number of Restricted Stock Units that vest. (b) Upon an Acquisition (as defined in the Plan) that occurs prior to the end of the Performance Period, the provisions of Section 3(d) of the Plan shall apply; provided, however, that any determination by the Committee or Board that the vesting of the Award shall accelerate shall provide that Awardee shall earn, and shall immediately vest in, his or her Target Award, provided further, however, that for purposes of this Section 2(b) only, the number of Restricted Stock Units composing the Target Award shall be multiplied by a fraction, the numerator of which shall be the number of full and partial months from the Award Date to the effective date of the Acquisition and the denominator of which shall be 36. (c) As used herein, the following terms shall have the following respective meanings:

Performance Criteria and Attainment Levels. The attainment level under this Restricted Stock Unit Award will be determined during the first quarter of 20[__] and will be contingent upon the Company successfully achieving the 20[ ] [insert description] performance goal as established by the Committee. There is a minimum threshold set at 90% of attainment. No Restricted Stock Units will be issuable under this Award below the 90% attainment level. For performance at and above 90%, the number of Restricted Stock Units issued will be based on a graduated slope capped at 110% attainment as per Schedule 1.

Performance Criteria and Attainment Levels. Except as set forth in Section 2(b) below, the attainment level under this Restricted Stock Unit Award will be determined during the first 60 days of the calendar year immediately following the end of the Performance Period based on the Relative TSR Percentile. The number of Restricted Stock Units vested as a percentage of the Target Award shall be determined in accordance with the following table: 1 Relative TSR Percentile Percentage of Target Award Vested Below 41st Relative TSR Percentile None 41st to 60th Relative TSR Percentile 50% to 99% 61st to 80th Relative TSR Percentile 100% to 200% Greater than 80th Relative TSR Percentile 200%

Performance Criteria and Attainment Levels. (a) Subject to Section 2(b) and Section 3, the number of Stock Units that will be eligible to vest on the Final Determination Date pursuant to Section 1(b) (the “Vesting Eligible Units”) will be determined as follows: (i) For each Performance Period, the Committee shall establish in writing threshold, target and maximum Core FFO per share achievement levels no later than March 15 of the applicable Performance Period. On the applicable Determination Date for each Performance Period, the Committee shall determine the Achievement Percentage attained for such Performance Period, in accordance with the following table: If the Core FFO per share for a Performance Period is between two achievement levels, the Achievement Percentage for such Performance Period will be determined by linear interpolation between the applicable achievement levels. (ii) On the Final Determination Date, the Committee will determine the “Final Achievement Percentage” by (A) adding the Achievement Percentages achieved for each of the three Performance Periods and (B) dividing the sum by three (3). The Vesting Eligible Units will be determined by multiplying (A) the number of Target Stock Units by (B) the Final Achievement Percentage. (b) Notwithstanding anything herein to the contrary, if a Change in Control occurs prior to the Final Vesting Date and, except as set forth in Section 3(c) below, the Grantee remains in Continuous Service through immediately prior to the date of such Change in Control, the “Vesting Eligible Units” shall be determined pursuant to the methodology set forth in Section 2(a)(ii) as of the date of the Change in Control using the following Achievement Percentages for each of the three Performance Periods to determine the “Final Achievement Percentage”: (i) for each Performance Period that is completed as of the date of the Change in Control, the Achievement Percentage shall be the Achievement Percentage for such Performance Period as determined by the Committee prior to the date of such Change in Control in accordance with Section 2(a)(i) hereof; (ii) for each Performance Period that is in process as of the date of the Change in Control, the Achievement Percentage shall be equal the greater of (1) one hundred percent (100%) and (2) the actual Achievement Percentage for such Performance Period | as determined by the Committee prior to the date of such Change in Control in accordance with Section 2(a)(i) hereof; and (iii) for each Performance Period that has not yet ...