Common use of Performance Share Grant Clause in Contracts

Performance Share Grant. In addition to the above-referenced equity grant, you will be eligible to receive the following equity compensation upon the following terms and conditions: (i) You will be granted 562,500 restricted shares of the Company’s common stock under the Plan (the “Performance Shares”), subject to the terms and conditions of the Plan and the Company’s restricted stock agreement, which will reflect the terms of this Agreement. Such Performance Shares will be granted on the first 15th day of the month following your Commencement Date or the first business day thereafter if that day is not a business day (the “Performance Share Grant Date”). (ii) The Performance Shares will only vest upon certain conditions: (A) the Company must achieve certain performance metrics between January 1, 2011 and December 31, 2011 (the “Performance Period”); and (B) except as provided below, you must remain employed with the Company at the end of such Performance Period. (iii) The CEO, in his sole discretion, will establish the “initiate”, “threshold”, “target” and “maximum” levels of achievement during the Performance Period. If Company performance (as determined by the Compensation Committee in its sole discretion) is determined to be: (A) above the “initiate” level of achievement, then Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; (B) at the “threshold” level of achievement, then 187,500 Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; (C) at the “target” level of achievement, then 375,000 Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; and (D) at the “maximum” level of achievement, 562,500 Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; provided, however, that the number of Performance Shares that will vest for performance between the “initiate”, “threshold”, “target”, and “maximum” levels of achievement for the Performance Period will be pro rated. (iv) The number of Performance Shares determined by the formula described in Section 3(d)(iii) above (subsequently referred to as “Restricted Shares”) will then vest as follows: (A) 25% of the Restricted Shares will vest on the date the Company reports its financial results by which the achievement of the performance metrics can be determined; and (B) subject to your continued employment with the Company on each of the following vesting dates, 25% of the Restricted Shares will vest on each of the second, third and fourth anniversaries of your Commencement Date. (v) In the event that you are granted Performance Shares or Restricted Shares that will not vest, you will automatically forfeit (the “Forfeiture”), without any action required on your part, all of the unvested Performance Shares (the “Forfeited Shares”) that you received under this Agreement without the payment of consideration by the Company and the Forfeited Shares will revert to the Company. Upon and after Forfeiture, the Company will not pay any dividend to you on account of such Forfeited Shares or permit you to exercise any of the privileges or rights of a stockholder with respect to such Forfeited Shares, but shall, in so far as permitted by law, treat the Company as the owner of the Forfeited Shares.

Performance Share Grant. In addition to the above-referenced equity grant, you will be eligible to receive the following equity compensation upon the following terms and conditions: (i) You will be granted 562,500 750,000 restricted shares of the Company’s common stock under the Plan (the “Performance Shares”), subject to the terms and conditions of the Plan and the Company’s restricted stock agreement, which will reflect the terms of this Agreement. Such Performance Shares will be granted on the first 15th day of the month following your Commencement Date or the first business day thereafter if that day is not a business day (the “Performance Share Grant Date”). (ii) The Performance Shares will only vest upon certain conditions: (A) the Company must achieve certain performance metrics between January 1, 2011 and December 31, 2011 (the “Performance Period”); and (B) except as provided below, you must remain employed with the Company at the end of such Performance Period. (iii) The CEOCompensation Committee, in his its sole discretion, will establish the “initiate”, “threshold”, “target” and “maximum” levels of achievement during the Performance Period. If Company performance (as determined by the Compensation Committee in its sole discretion) is determined to be: (A) above below the “initiatethreshold” level of achievement, then no Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; (B) at the “threshold” level of achievement, then 187,500 250,000 Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; (C) at the “target” level of achievement, then 375,000 500,000 Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; and (D) at the “maximum” level of achievement, 562,500 750,000 Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; provided, however, that the number of Performance Shares that will vest for performance between the “initiate”, “threshold”, “target”, and “maximum” levels of achievement for the Performance Period will be pro rated. (iv) The number of Performance Shares determined by the formula described in Section 3(d)(iii) above (subsequently referred to as “Restricted Shares”) will then vest as follows: (A) 25% of the Restricted Shares will vest on the date the Company reports its financial results by which the achievement of the performance metrics can be determined; and (B) subject to your continued employment with the Company on each of the following vesting dates, 25% of the Restricted Shares will vest on each of the second, third and fourth anniversaries of your Commencement Date. (v) In the event that you are granted Performance Shares or Restricted Shares that will not vest, you will automatically forfeit (the “Forfeiture”), without any action required on your part, all of the unvested Performance Shares (the “Forfeited Shares”) that you received under this Agreement without the payment of consideration by the Company and the Forfeited Shares will revert to the Company. Upon and after Forfeiture, the Company will not pay any dividend to you on account of such Forfeited Shares or permit you to exercise any of the privileges or rights of a stockholder with respect to such Forfeited Shares, but shall, in so far as permitted by law, treat the Company as the owner of the Forfeited Shares.

Performance Share Grant. In addition to the above-referenced equity grant, you will be eligible to receive the following equity compensation upon the following terms and conditions: (i) You will be granted 562,500 375,000 restricted shares of the Company’s common stock under the Plan (the “Performance Shares”), subject to the terms and conditions of the Plan and the Company’s restricted stock agreement, which will reflect the terms of this Agreement. Such Performance Shares will be granted on the first 15th day of the month following your Commencement Date or the first business day thereafter if that day is not a business day (the “Performance Share Grant Date”). (ii) The Performance Shares will only vest upon certain conditions: (A) the Company must achieve certain performance metrics between January 1, 2011 and December 31, 2011 (the “Performance Period”); and (B) except as provided below, you must remain employed with the Company at the end of such Performance Period. (iii) The CEO, in his sole discretion, will establish the “initiate”, “threshold”, “target” and “maximum” levels of achievement during the Performance Period. If Company performance (as determined by the Compensation Committee in its sole discretion) is determined to be: (A) above the “initiate” level of achievement, then Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; (B) at the “threshold” level of achievement, then 187,500 125,000 Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; (C) at the “target” level of achievement, then 375,000 250,000 Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; and (D) at the “maximum” level of achievement, 562,500 375,000 Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; provided, however, that the number of Performance Shares that will vest for performance between the “initiate”, “threshold”, “target”, and “maximum” levels of achievement for the Performance Period will be pro rated. (iv) The number of Performance Shares determined by the formula described in Section 3(d)(iii) above (subsequently referred to as “Restricted Shares”) will then vest as follows: (A) 25% of the Restricted Shares will vest on the date the Company reports its financial results by which the achievement of the performance metrics can be determined; and (B) subject to your continued employment with the Company on each of the following vesting dates, 25% of the Restricted Shares will vest on each of the second, third and fourth anniversaries of your Commencement Date. (v) In the event that you are granted Performance Shares or Restricted Shares that will not vest, you will automatically forfeit (the “Forfeiture”), without any action required on your part, all of the unvested Performance Shares (the “Forfeited Shares”) that you received under this Agreement without the payment of consideration by the Company and the Forfeited Shares will revert to the Company. Upon and after Forfeiture, the Company will not pay any dividend to you on account of such Forfeited Shares or permit you to exercise any of the privileges or rights of a stockholder with respect to such Forfeited Shares, but shall, in so far as permitted by law, treat the Company as the owner of the Forfeited Shares.

Performance Share Grant. In addition to the above-referenced equity grant, you will be eligible to receive the following equity compensation upon the following terms and conditions: (i) You will be granted 562,500 375,000 restricted shares of the Company’s common stock under the Plan (the “Performance Shares”), subject to the terms and conditions of the Plan and the Company’s restricted stock agreement, which will reflect the terms of this Agreement. Such Performance Shares will be granted on the first 15th day of the month following that next follows your Commencement Date or the first business day thereafter if that day is not a business day (the “Performance Share Grant Date”). (ii) The Performance Shares will only vest upon certain conditions: (A) the Company must achieve certain performance metrics between January 1, 2011 and December 31, 2011 (the “Performance Period”); and (B) except as provided below, you must remain employed with the Company at the end of such Performance Period. (iii) The CEO, in his sole discretion, will establish the “initiate”, “threshold”, “target” and “maximum” levels of achievement during the Performance Period. If Company performance (as determined by the Compensation Committee in its sole discretion) is determined to be: (A) above the “initiate” level of achievement, then Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; (B) at the “threshold” level of achievement, then 187,500 125,000 Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; (C) at the “target” level of achievement, then 375,000 250,000 Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; and (D) at the “maximum” level of achievement, 562,500 375,000 Performance Shares will vest, on the schedule and subject to the terms and conditions set forth below; provided, however, that the number of Performance Shares that will vest for performance between the “initiate”, “threshold”, “target”, and “maximum” levels of achievement for the Performance Period will be pro rated. (iv) The number of Performance Shares determined by the formula described in Section 3(d)(iii) above (subsequently referred to as “Restricted Shares”) will then vest as follows: (A) 25% of the Restricted Shares will vest on the date the Company reports its financial results by which the achievement of the performance metrics can be determined; and (B) subject to your continued employment with the Company on each of the following vesting dates, 25% of the Restricted Shares will vest on each of the second, third and fourth anniversaries of your Commencement Date. (v) In the event that you are granted Performance Shares or Restricted Shares that will not vest, you will automatically forfeit (the “Forfeiture”), without any action required on your part, all of the unvested Performance Shares and Restricted Shares (the “Forfeited Shares”) that you received under this Agreement without the payment of consideration by the Company and the Forfeited Shares will revert to the Company. Upon and after Forfeiture, the Company will not pay any dividend to you on account of such Forfeited Shares or permit you to exercise any of the privileges or rights of a stockholder with respect to such Forfeited Shares, but shall, in so far as permitted by law, treat the Company as the owner of the Forfeited Shares.