Performance Goals. (a) The number of PSUs earned by the Grantee for the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined in accordance with the attached Exhibit A. All determinations of whether and the extent to which the performance goals have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 3 shall be made by the Committee in its sole discretion. (b) Promptly following completion of the Performance Period (and no later than 60 days following the end of the Performance Period), the Committee will review and certify in writing (1) whether, and to what extent, the performance goals for the Performance Period have been achieved, and (2) the number of PSUs the Grantee shall earn, if any, subject to compliance with the requirements of Section 4. Such certification shall be final, conclusive, and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Appears in 4 contracts
Samples: Performance Share Unit Agreement (Shyft Group, Inc.), Performance Share Unit Agreement (Shyft Group, Inc.), Performance Share Unit Agreement (Shyft Group, Inc.)
Performance Goals. (a) 4.1 The number of PSUs earned by the Grantee for the a Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined Performance Goals in accordance with the attached Exhibit A. A hereto. All determinations of whether and the extent to which the performance goals Performance Goals have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 3 4 shall be made by the Committee in its sole discretion.
(b) 4.2 Promptly following completion of the a Performance Period (and no later than 60 thirty (30) days following the end of the such Performance Period), the Committee will review and certify in writing (1a) whether, and to what extent, the performance goals Performance Goals for the Performance Period have been achieved, and (2b) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 45. Such certification shall be final, conclusive, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Appears in 4 contracts
Samples: Performance Share Unit Agreement (Audioeye Inc), Performance Share Unit Agreement (Audioeye Inc), Performance Share Unit Agreement (Audioeye Inc)
Performance Goals. (a) A. The number of PSUs Shares of Performance-Based Restricted Stock earned by the Grantee for the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined Performance Goals in accordance with the attached Exhibit A. All determinations of whether and the extent to which the performance goals Performance Goals have been achieved, the number of PSUs Shares earned by the Grantee, and all other matters related to this Section 3 5 shall be made by the Committee in its sole discretion.
(b) B. Promptly following completion of the Performance Period (and no later than 60 forty-five (45) days following the end of the Performance Period), the Committee will review and certify in writing (1a) whether, and to what extent, the performance goals Performance Goals for the Performance Period have been achieved, and (2b) the number of PSUs Shares that the Grantee shall earn, if any, subject to compliance with the requirements of Section 46. Such certification shall be final, conclusive, and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Appears in 3 contracts
Samples: Performance Based Restricted Stock Award Agreement (Mercantile Bank Corp), Performance Based Restricted Stock Award Agreement (Mercantile Bank Corp), Performance Based Restricted Stock Award Agreement (Mercantile Bank Corp)
Performance Goals. (a) The Subject to the terms of this Agreement, the number of PSUs earned by the Grantee for the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined Performance Goals set forth in accordance with the attached Exhibit A. All determinations of whether and the extent to which the performance goals Performance Goals have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 3 2 shall be made by the Committee in its sole discretion.
(b) Promptly following the completion of the Performance Period (and no later than 60 days following the end of the Performance Period“Certification Date”), the Committee will review and certify certify, in writing writing, (1i) whether, and to what extent, the performance goals Performance Goals for the Performance Period have been achieved, and (2ii) the number of PSUs that the Grantee shall earnhas earned, if any, subject to compliance with the requirements of Section 43. Such certification shall be final, conclusive, conclusive and binding on the Grantee, and on all other interested persons, to the maximum extent permitted by law.
Appears in 2 contracts
Samples: Performance Share Unit Agreement (Two Harbors Investment Corp.), Performance Share Unit Agreement (Two Harbors Investment Corp.)
Performance Goals. (a) The number of PSUs earned by the Grantee for the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined Performance Goal(s) in accordance with the attached Exhibit A. All determinations of whether and the extent to which the performance goals Performance Goal(s) have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 3 shall be made by the Committee in its sole discretion.
(b) Promptly following completion of the Performance Period (and no later than 60 [__________ (___)] days following the end of the Performance Period), the Committee will review and certify in writing (1a) whether, and to what extent, the performance goals Performance Goal(s) for the Performance Period have been achieved, and (2b) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 4. Such certification shall be final, conclusive, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Appears in 1 contract
Performance Goals. (a) 3.1 The number of PSUs RSUs and Cash Units earned by the Grantee for the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined in accordance with the attached Exhibit A. Performance Goals. All determinations of whether and the extent to which the performance goals Performance Goals have been achieved, the number of PSUs RSUs and Cash Units earned by the Grantee, and all other matters related to this Section 3 Award shall be made by the Committee in its sole discretion.
(b) 3.2 Promptly following completion of the Performance Period (and no later than 60 seventy-five (75) days following the end of the Performance Period), the Committee will review and certify in writing (1a) whether, and to what extent, the performance goals for the Performance Period Goals have been achieved, and (2b) the number of PSUs RSUs and Cash Units that the Grantee shall earn, if any, subject to compliance with the requirements of Section 45. Such certification shall be final, conclusive, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Appears in 1 contract
Samples: Performance Vested Award Agreement (WESTMORELAND COAL Co)
Performance Goals. (a) 3.1 The number of PSUs earned by the Grantee for the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined Performance Goal(s) in accordance with the attached Exhibit A. I. All determinations of whether and the extent to which the performance goals Performance Goal(s) have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 3 shall be made by the Committee in its sole discretion.
(b) 3.2 Promptly following completion of the Performance Period (and no later than 60 ninety (90) days following the end of the Performance Period), the Committee will review and certify in writing (1a) whether, and to what extent, the performance goals Performance Goal(s) for the Performance Period have been achieved, and (2b) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 4. Such certification shall be final, conclusive, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Appears in 1 contract
Samples: Performance Share Unit Agreement (HomeStreet, Inc.)
Performance Goals. (a) 3.1 The number of PSUs earned by the Grantee Participant for the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined Performance Goal[s] in accordance with the attached Exhibit A. All determinations of whether and the extent to which the performance goals Performance Goal[s] have been achieved, the number of PSUs earned by the GranteeParticipant, and all other matters related to this Section 3 3.1 shall be made by the Committee Administrator in its sole discretion.
(b) 3.2 Promptly following completion of the Performance Period (and no later than 60 days [thirty (30) days/[ALTERNATIVE PERIOD]] following the end of the Performance Period), the Committee Administrator will review and certify in writing (1a) whether, and to what extent, the performance goals Performance Goals for the Performance Period have been achieved, and (2b) the number of PSUs the Grantee that Participant shall earn, if any, subject to compliance with the requirements of Agreement Section 4. Such The certification shall be final, conclusive, conclusive and binding on the GranteeParticipant, and on all other persons, to the maximum extent permitted by law.
Appears in 1 contract
Samples: Performance Share Unit Award Agreement (Supernus Pharmaceuticals, Inc.)
Performance Goals. (a) 4.1 The number of PSUs POs earned by the Grantee for the a Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined Performance Goals in accordance with the attached Exhibit A. A hereto. All determinations of whether and the extent to which the performance goals Performance Goals have been achieved, the number of PSUs POs earned by the Grantee, and all other matters related to this Section 3 4 shall be made by the Committee in its sole discretion.
(b) 4.2 Promptly following completion of the a Performance Period (and no later than 60 forty-five (45) days following the end of the such Performance Period), the Committee will review and certify in writing (1a) whether, and to what extent, the performance goals Performance Goals for the Performance Period have been achieved, and (2b) the number of PSUs POs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 45. Such certification shall be final, conclusive, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Appears in 1 contract
Performance Goals. (a) 3.1. The number of PSUs earned by the Grantee Participant for the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined Performance Goal[s] in accordance with the attached Exhibit A. All determinations of whether and the extent to which the performance goals have Performance Goal[s] has been achieved, the number of PSUs earned by the GranteeParticipant, and all other matters related to this Section 3 3.1 shall be made by the Committee Administrator in its sole discretion.
(b) 3.2. Promptly following completion of the Performance Period (and no later than 60 sixty (60) days following the end of the Performance Period), the Committee Administrator will review and certify in writing (1a) whether, and to what extent, the performance goals Performance Goals for the Performance Period have been achieved, and (2b) the number of PSUs the Grantee that Participant shall earn, if any, subject to compliance with the requirements of Section 44 of this Agreement. Such The certification shall be final, conclusive, and binding on the GranteeParticipant, and on all other persons, to the maximum extent permitted by law.
Appears in 1 contract
Samples: Performance Share Unit Award Agreement (Supernus Pharmaceuticals, Inc.)
Performance Goals. (a) The number of PSUs earned by the Grantee for the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined in accordance with the attached Exhibit A. All determinations of whether and the extent to which the performance goals have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 3 shall be made by the Committee in its sole discretion.
(b) Promptly following completion of the Performance Period (and no later than 60 days following the end of the Performance Period), the Committee will review and certify in writing (1) whether, and to what extent, the performance goals for the Performance Period have been achieved, and (2) the number of PSUs the Grantee shall earn, if any, subject to compliance with the requirements of Section 4. Such certification shall be final, conclusive, and binding on the Grantee, and on all other persons, to the maximum extent permitted by law. 1 The Target Award represents an X-Multiple of 1X. I.e., the number of shares actually issuable pursuant to this Agreement could be twice the Target Award.
Appears in 1 contract
Samples: Performance Share Unit Agreement (Spartan Motors Inc)
Performance Goals. (a) 3.1 The number of PSUs earned by the Grantee for the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined Performance Goal(s) in accordance with the attached Exhibit A. I. All determinations of whether and the extent to which the performance goals Performance Goal(s) have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 3 shall be made by the Committee in its sole discretion.
(b) 3.2 Promptly following completion of the Performance Period (and no later than 60 days within the calendar year following the end of the Performance Period), the Committee will review and certify in writing (1a) whether, and to what extent, the performance goals Performance Goal(s) for the Performance Period have been achieved, and (2b) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 4. Such certification shall be final, conclusive, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Appears in 1 contract
Samples: Performance Share Unit Agreement (HomeStreet, Inc.)
Performance Goals. (a) The number of PSUs earned by the Grantee for the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined in accordance with the attached Exhibit A. All determinations of whether and the extent to which the performance goals have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 3 shall be made by the Committee in its sole discretion.
(b) Promptly following completion of the Performance Period (and no later than 60 days following the end of the Performance Period), the Committee will review and certify in writing (1i) whether, and to what extent, the performance goals for the Performance Period have been achieved, and (2ii) the number of PSUs the Grantee shall earn, if any, subject to compliance with the requirements of Section 4. Such certification shall be final, conclusive, and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Appears in 1 contract
Samples: Performance Share Unit Agreement (Shyft Group, Inc.)
Performance Goals. (a) 3.1 The number of PSUs earned by the Grantee for the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined Performance Goal(s) in accordance with the attached Exhibit A. I. All determinations of whether and the extent to which the performance goals Performance Goal(s) have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 3 shall be made by the Committee in its sole discretion.
(b) 3.2 Promptly following completion of the Performance Period (and no later than 60 thirty (30) days following the end of the Performance Period), the Committee will review and certify in writing (1a) whether, and to what extent, the performance goals Performance Goal(s) for the Performance Period have been achieved, and (2b) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 4. Such certification shall be final, conclusive, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Appears in 1 contract
Samples: Performance Share Unit Agreement (LIGHTBRIDGE Corp)
Performance Goals. (a) The number of PSUs earned by the Grantee for the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined Performance Goals in accordance with the attached Exhibit A. I. All determinations of whether and the extent to which the performance goals Performance Goals have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 3 shall be made by the Committee independent compensation forum of the Board of Directors of the Company (the “Independent Compensation Forum”) in its sole discretion.
(b) Promptly following completion of the Performance Period (and no later than 60 days following the end of the Performance Period), the Committee will review and certify in writing (1i) whether, and to what extent, the performance goals Performance Goal(s) for the Performance Period have been achieved, and (2ii) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 44 of this Agreement. Such certification shall be final, conclusive, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Appears in 1 contract
Samples: Performance Stock Unit Award Agreement (Avangrid, Inc.)
Performance Goals. (a) 3.1 The number of PSUs earned by the Grantee for the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the performance goals described on and determined Performance Goal(s) in accordance with the attached Exhibit A. I. All determinations of whether and the extent to which the performance goals Performance Goal(s) have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 3 shall be made by the Committee in its sole discretion.
(b) 3.2 Promptly following completion of the Performance Period (and no later than 60 days 2 1/2 months following the end of the Performance Period), the Committee will review and certify in writing (1a) whether, and to what extent, the performance goals Performance Goal(s) for the Performance Period have been achieved, and (2b) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 4. Such certification shall be final, conclusive, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.
Appears in 1 contract
Samples: Performance Share Unit Agreement (HomeStreet, Inc.)