Common use of Performance Goals Condition Clause in Contracts

Performance Goals Condition. Except as otherwise provided herein, achievement of the performance goals condition will be measured by the percentage increase in the Company’s diluted earnings per share (“Diluted EPS”) as of the end of the Performance Period over the Company’s Diluted EPS for the year ended December 31, 2013 (“Base Diluted EPS), subject to the provisions of the Plan, including Section 17(d) thereof, as follows: Increase in Diluted EPS at end of Performance Period Percentage of Performance Shares Subject to Vesting Less than 6% increase over Base Diluted EPS No vesting At least 6% but less than 9% increase over Base Diluted EPS Threshold Vesting (75% of Target Performance Shares) At least 9% but less than 12% increase over Base Diluted EPS Target Vesting (100% of Target Performance Shares) 12% or greater increase over Base Diluted EPS Maximum Vesting (125% of Target Performance Shares) In the event that the Company’s Diluted EPS for any calendar year during the Performance Period falls below the Base EPS, one-third of the Performance Shares will be forfeited and in such event the Participant shall not be entitled to any payment in respect of such forfeited Performance Shares under this Agreement. For purposes of this Agreement, Diluted EPS shall be determined (x) for any full calendar or fiscal year by reference to the calculations of the Company’s earnings per share as set forth in the Company’s audited financial statements for that year and (y) for any period for which audited financial statements are not prepared for the Company, by reference to the pertinent financial records of the Company.

Performance Goals Condition. Except as otherwise provided herein, achievement of the performance goals condition will be measured by the percentage increase in the Company’s diluted earnings per share (“Diluted EPS”) as of the end of the Performance Period over the Company’s Diluted EPS for the year ended December 31, 2013 2012 (“Base Diluted EPS), subject to the provisions of the Plan, including Section 17(d) thereof, as follows: Increase in Diluted EPS at end of Performance Period Percentage of Performance Shares Subject to Vesting Less than 6% increase over Base Diluted EPS No vesting At least 6% but less than 9% increase over Base Diluted EPS Threshold Vesting (75% of Target Performance Shares) At least 9% but less than 12% increase over Base Diluted EPS Target Vesting (100% of Target Performance Shares) 12% or greater increase over Base Diluted EPS Maximum Vesting (125% of Target Performance Shares) In the event that the Company’s Diluted EPS for any calendar year during the Performance Period falls below the Base EPS, one-third of the Performance Shares will be forfeited and in such event the Participant shall not be entitled to any payment in respect of such forfeited Performance Shares under this Agreement. For purposes of this Agreement, Diluted EPS shall be determined (x) for any full calendar or fiscal year by reference to the calculations of the Company’s earnings per share as set forth in the Company’s audited financial statements for that year and (y) for any period for which audited financial statements are not prepared for the Company, by reference to the pertinent financial records of the Company.

Performance Goals Condition. Except as otherwise provided herein, achievement of the performance goals condition will be measured by the percentage increase in the Company’s diluted earnings per share (“Diluted EPS”) as of the end of the Performance Period over the Company’s Diluted EPS for the year ended December 31, 2013 2015 (“Base Diluted EPS), subject to the provisions of the Plan, including Section 17(d) thereof, as follows: Increase in Diluted EPS at end of Performance Period Percentage of Performance Shares Subject to Vesting Less than 6% increase over Base Diluted EPS No vesting At least 6% but less than 9% increase over Base Diluted EPS Threshold Vesting (75% of Target Performance Shares) At least 9% but less than 12% increase over Base Diluted EPS Target Vesting (100% of Target Performance Shares) 12% or greater increase over Base Diluted EPS Maximum Vesting (125% of Target Performance Shares) In the event that the Company’s Diluted EPS for any calendar year during the Performance Period falls below the Base EPS, one-third of the Performance Shares will be forfeited and in such event the Participant shall not be entitled to any payment in respect of such forfeited Performance Shares under this Agreement. For purposes of this Agreement, Diluted EPS shall be determined (x) for any full calendar or fiscal year by reference to the calculations of the Company’s earnings per share as set forth in the Company’s audited financial statements for that year and (y) for any period for which audited financial statements are not prepared for the Company, by reference to the pertinent financial records of the Company.