Performance Opportunity Sample Clauses

Performance Opportunity. For the annual performance period commencing March 1, 2021 and ending February 28, 2022, and for each annual performance period commencing thereafter during the Term, Executive shall be eligible to receive an annual performance bonus (the “Fiscal APB”) targeted at 200% of Executive’s Base Salary at the commencement of the applicable annual performance period, with the opportunity to earn up to 1.6 times such target, and a threshold achievement payout of 100% of Executive’s Base Salary at the commencement of such annual performance period; provided that no such threshold, target or maximum opportunity under a Fiscal APB shall exceed the APB Participant Limit (as defined below); and provided further that, in the event of any Base Salary increases during the performance period, any actual payout shall be adjusted for actual Base Salary in accordance with the Annual Incentive Plan, subject to the terms and conditions of the Annual Incentive Plan, and any maximum amount established by the Compensation Committee for the Executive with respect to the corresponding performance period. Notwithstanding the foregoing and for avoidance of doubt, except to the extent expressly set forth in Sections 6(b)(iii), 6(c)(ii), 6(d)(ii) and 6(f), or a retirement plan or policy described in Section 4(d), no Fiscal APB shall be earned or payable for the applicable annual performance period if the threshold is not achieved, and Executive shall not be entitled to a bonus with respect to any such performance measure if the threshold amount associated with such performance measure is not achieved.
Sample 1
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Performance Opportunity. Effective as of the Effective Date, for the annual performance period commencing March 1, 2024 and ending February 28, 2025, Executive shall be eligible to receive an annual performance bonus (the “Fiscal APB”) targeted at 125% of Executive’s Base Salary at the commencement of the applicable annual performance period. Notwithstanding the foregoing and for avoidance of doubt, except to the extent expressly set forth in this Agreement, no Fiscal APB shall be earned or payable for the applicable annual performance period if the threshold is not achieved, and Executive shall not be entitled to a bonus with respect to any such performance measure if the threshold amount associated with such performance measure is not achieved.
Sample 1
Performance Opportunity. For the annual performance period commencing March 1, 2016 and ending February 28, 2017, and for each annual performance period commencing thereafter during the Term, Executive shall be eligible to receive an annual performance bonus (the “Fiscal APB”) targeted at 200% of Executive’s Base Salary at the commencement of the applicable annual performance period, with the opportunity to earn up to $3,050,000 and a threshold achievement payout of 100% of Executive’s Base Salary at the commencement of such annual performance period; provided that no such threshold, target or maximum opportunity under a Fiscal APB shall exceed the APB Participant Limit (as defined below); and provided further that, in the event of any Base Salary increases during the performance period, any actual payout shall be adjusted for actual Base Salary in accordance with the Annual Incentive Plan, subject to the terms and conditions of the Annual Incentive Plan, any maximum amount established by the Compensation Committee for the Executive with respect to the corresponding performance period and to the extent permitted by the last sentence of Treasury Regulation §1.162-27(e)(iii)(A). Notwithstanding the foregoing and for avoidance of doubt, except to the extent expressly set forth in Sections 6(b)(iii), 6(c)(ii), and 6(d)(ii), no Fiscal APB shall be earned or payable for the applicable annual performance period if the threshold is not achieved, and Executive shall not be entitled to a bonus with respect to any such performance measure if the threshold amount associated with such performance measure is not achieved.
Sample 1
Performance Opportunity. Executive’s total target equity award (performance-based and time-vested RSUs) for each Fiscal LTPB that is granted each fiscal year during the Term will be the lesser of $3,200,000 or the LTPB Plan Limit (as defined below) calculated based on the Fair Market Value of the RSUs (the “Maximum Grant Amount”). For each Fiscal LTPB, the number of common shares of Xxxxx of Xxxx subject to the performance-based RSU and time-vesting RSU shall be a quotient equal to (A) the Maximum Grant Amount divided by (B) the Fair Market Value (as such term is defined under the Stock Incentive Plan) (rounded up to the next whole share), provided that the number of common shares of Xxxxx of Xxxx determined pursuant to the foregoing shall not exceed the LTPB Plan Limit. The performance-based RSU grant under the Stock Incentive Plan will be targeted at the difference of (A) the Maximum Grant Amount less (Z) the Fair Market Value of the time-vested RSUs (with a threshold award of 50% and a maximum award of 200% of the target performance-based RSUs granted under the Stock Incentive Plan). For purposes of this Section 4(c)(ii), the term Fair Market Value shall have the same meaning ascribed to such term in the Stock Incentive Plan and the value of any RSUs shall be calculated based on the Fair Market Value of a common share of Xxxxx of Xxxx on the date of the grant of such award.
Sample 1
Performance Opportunity. Executive’s total equity award for each Fiscal LTPB that is granted each fiscal year during the Term will be the lesser of $10,400,000 or the LTPB Plan Limit (as defined below) calculated based on the Fair Market Value (as such term is defined under the Stock Incentive Plan) of the RSAs (the “Maximum Grant Amount”). For each Fiscal LTPB, the number of common shares of Xxxxx of Xxxx (the “Shares”) subject to the performance-based RSA shall be a quotient equal to (A) the Maximum Grant Amount divided by (B) the Fair Market Value (rounded up to the next whole share) of the Shares provided that the number of Shares determined pursuant to the foregoing shall not exceed the LTPB Plan Limit. The performance-based RSA grant under the Stock Incentive Plan will have a threshold award of 25% and a target award of 50% of the total performance- based RSAs granted under the Stock Incentive Plan, which is $2,600,000 and $5,200,000, respectively. The Maximum Grant Amount is the maximum amount payable as a LTPB and represents two times the target award amount. For purposes of this Section 4(c)(ii), the value of any RSAs shall be calculated based on the per Share Fair Market Value on the date of the grant of such award.
Sample 1

Related to Performance Opportunity

  • Freedom to Pursue Opportunities The Parties expressly acknowledge and agree that: (i) Sponsor and each Sponsor Director (and each Affiliate thereof) has the right to, and shall not have any duty (contractual or otherwise) to (and none of the following shall be deemed to be wrongful or improper), (x) directly or indirectly engage in the same or similar business activities or lines of business as the Parent Parties or any of their respective Subsidiaries, including those deemed to be competing with the Parent Parties or any of their respective Subsidiaries, or (y) directly or indirectly do business with any client or customer of the Parent Parties or any of their respective Subsidiaries; and (ii) in the event that Sponsor or a Sponsor Director (or any Affiliate thereof) acquires knowledge of a potential transaction or matter that may be an opportunity for the Parent Parties or any of their respective Subsidiaries and Sponsor or any other Person, Sponsor and such Sponsor Director (and any such Affiliate) shall not have any duty (contractual or otherwise) to communicate or present such opportunity to the Parent Parties or any of their respective Subsidiaries, as the case may be, and, notwithstanding any provision of this Agreement to the contrary, shall not be liable to the Parent Parties, their respective Subsidiaries or their respective Affiliates or equity holders for breach of any duty (contractual or otherwise) by reason of the fact that Sponsor or such Sponsor Director (or such Affiliate thereof), directly or indirectly, pursues or acquires such opportunity for itself, directs such opportunity to another Person, or does not present such opportunity to the Parent Parties or any of their respective Subsidiaries; provided, that any such business, activity or transaction described in this Section 4.14 is not the direct result of Sponsor, its Affiliates or a Sponsor Director using Confidential Information in violation of Section 3.3 hereof. Notwithstanding anything to the contrary contained in this Section 4.14, any Sponsor Director may be excluded, by the members of the Board who are not Sponsor Directors, from any discussion or vote on matters in accordance with a conflicts of interest policy of the Board that is adopted by the Board in good faith and is applicable to all of the members of the Board.

  • Annual Bonus Opportunity Your annual target bonus opportunity following the Effective Date will be 50% of your annual base salary (the “Target Bonus”). The Target Bonus shall be subject to review and may be adjusted based upon the Company’s normal performance review practices. Your actual bonuses shall be based upon achievement of performance objectives to be determined by the Board in its sole and absolute discretion. Bonuses will be paid as soon as practicable after the Board determines that such bonuses have been earned, but in no event will a bonus be paid to you after the later of (i) the fifteenth (15th) day of the third (3rd) month following the close of the Company’s fiscal year in which such bonus is earned or (ii) March 15 following the calendar year in which such bonus is earned.

  • Bonus Opportunity The Company shall offer each year an incentive bonus compensation plan. Such plan will include an annual bonus target amount equal to at least 50% of the Executive’s annual base salary and shall contain such additional terms as determined by the Chief Executive Officer. The amount of any bonus payable to Executive in any year shall be based upon performance targets established in advance under the bonus plan and Executive’s achievement of such performance criteria.

  • Corporate Opportunity During the Employment Period, Executive shall submit to the Board all business, commercial and investment opportunities or offers presented to Executive, or of which Executive becomes aware, at any time during the Employment Period, which opportunities relate to the business of designing, manufacturing, marketing, or selling electromechanical or electronic sensors or controls (“Corporate Opportunities”). During the Employment Period, unless approved by the Board, Executive shall not accept or pursue, directly or indirectly, any Corporate Opportunities on Executive’s own behalf.

  • Corporate Opportunities Subject to Section 6.08 and Section 7.01(c) with respect to the Manager: (a) In no event shall any Member be liable to the Company, any Subsidiary of the Company or to any party hereto for breaches of fiduciary or other similar duties by virtue of the fact that such Person fails to bring a business opportunity to the attention of the Company or any Subsidiary of the Company or presents a business opportunity to a Member or an Affiliate of a Member (rather than, or in addition to, presenting such opportunity to the Company). This Section 7.02 shall not apply to any Member who is an employee of the Corporation or any Subsidiary of the Corporation (including the Company and the Subsidiaries of the Company). (b) Without limiting the generality of the foregoing, the Members expressly acknowledge and agree that (i) each Member and its Affiliates are permitted to have, and may presently or in the future have, investments or other business relationships, ventures, agreements or arrangements with, or ownership of, entities engaged in the same or a similar business to the business conducted by the Company and its Subsidiaries, and in related businesses other than through the Company and its Subsidiaries (an “Other Business”), (ii) each Member or its Affiliates have or may develop a strategic relationship with businesses that are or may be competitive with the Company and its Subsidiaries, (iii) no Member or its Affiliates will be prohibited by virtue of their investment in the Company and its Subsidiaries from pursuing and engaging in any such activities, (iv) no Member or its Affiliates will be obligated to inform the Company of any such opportunity, relationship or investment, (v) the other Members will not acquire, be provided with an option or opportunity to acquire or be entitled to any interest or participation in any Other Business as a result of the participation therein of a Member or its Affiliates, (vi) the Members expressly waive, to the fullest extent permitted by applicable Law, any rights to assert any claim that such involvement breaches any duty owed to any Member, or the Company or its Subsidiaries or to assert that such involvement constitutes a conflict of interest by such Persons with respect to the Company or its Subsidiaries and (vii) nothing contained herein shall limit, prohibit or restrict any Member or any of its Affiliates from serving on the board of directors or other governing body or committee of any Other Business. This Section 7.02(b) shall not apply to the Corporation or any Member who is an employee of the Corporation or any Subsidiary of the Corporation (including the Company and the Subsidiaries of the Company).

  • Performance Criteria The Performance Criteria are set forth in Exhibit A to this Agreement.

  • Interviewing Opportunity A representative of the Union or Xxxxxxx shall be given an opportunity to interview each new Employee within regular working hours, without loss of pay, for a maximum of thirty (30) minutes during the first month of employment for the purpose of acquainting the new Employee with the benefits and duties of Union membership and its responsibilities and obligations to the Employer and the Union.

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Performance Factors (a) Each party will notify the other party of the existence of a Performance Factor, as soon as reasonably possible after the party becomes aware of the Performance Factor. The Notice will: describe the Performance Factor and its actual or anticipated impact; include a description of any action the party is undertaking, or plans to undertake, to remedy or mitigate the Performance Factor; indicate whether the party is requesting a meeting to discuss the Performance Factor; and address any other issue or matter the party wishes to raise with the other party. (b) The recipient party will provide a written acknowledgment of receipt of the Notice within 7 Days of the date on which the Notice was received (“Date of the Notice”). (c) Where a meeting has been requested under paragraph 7.2(a)(3), the parties agree to meet and discuss the Performance Factors within 14 Days of the Date of the Notice, in accordance with the provisions of section 7.3.

  • Performance Period This Agreement shall be performed during the period which begins Oct 01 2020 and ends Sep 30 2022. All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 14, which shall be fully executed by both parties to this Agreement.

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