Common use of Performance Pro Rata Clause in Contracts

Performance Pro Rata. The Target Number of mPRSUs (as set forth in the attached Exhibit A) shall be multiplied by the total number of days from the first day of the Performance Period until the earlier of the closing date of the Triggering Event or the last day of the Performance Period divided by the number of days in the Performance Period (“Elapsed Target Shares”). The Company’s performance under the Vesting Formula (as set forth in the attached Exhibit A) from the first day of the Performance Period until the closing date of the Triggering Event shall be applied to the Elapsed Target Shares to determine the “performance pro rata” number of Shares.

Performance Pro Rata. The Target Number of mPRSUs (as set forth in the attached Exhibit AExhibit) shall be multiplied by the total number of days from the first day of the Performance Period Grant Date until the earlier of the closing date of the Triggering Event or the last day of the Performance Period Change in Control divided by the number of days in the Performance 2007 Stock Incentive Plan Market-Based Performance Restricted Stock Unit Award Agreement for International Participants Period (“Elapsed Target Shares”). The Company’s performance under the Vesting Formula (as set forth in the attached Exhibit AExhibit) from the first day of the Performance Period until the closing date of the Triggering Event Change in Control shall be applied to the Elapsed Target Shares to determine the “performance pro rata” number of Shares.

Performance Pro Rata. The Target Number of mPRSUs (as set forth in the attached Exhibit A) shall be multiplied by the total number of days from the first day of the Performance Period until the earlier of the closing date of the Triggering Event or the last day of the Performance Period Change in Control divided by the number of days in the Performance Period (“Elapsed Target Shares”). The Company’s performance under the Vesting Formula (as set forth in the attached Exhibit A) from the first day of the Performance Period until the closing date of the Triggering Event Corporate Transaction shall be applied to the Elapsed Target Shares to determine the “performance pro rata” number of Shares.

Performance Pro Rata. The Target Number of mPRSUs (as set forth in the attached Exhibit A) shall be multiplied by the total number of days from the first day of the Performance Period Grant Date until the earlier of the closing date of the Triggering Event or the last day of the Performance Period Change in Control divided by the number of days in the Performance Period (“Elapsed Target Shares”). The Company’s performance under the Vesting Formula (as set forth in the attached Exhibit A) from the first day of the Performance Period until the closing date of the Triggering Event Corporate Transaction shall be applied to the Elapsed Target Shares to determine the “performance pro rata” number of Shares.