Performance Target Sample Clauses

Performance Target. (i) Subject to the Participant’s continued employment or service with the Company, a specified percentage of the RSUs shall vest if both (A) the Participant remains in continuous employment or continuous service with the Company on [END YEAR], and (B) the Company achieves EPS growth (as measured by the extent to which the Company’s EPS for fiscal [END YEAR] exceeds the Company’s EPS for fiscal [BEGINNING YEAR]) equal to or in excess of the amounts set forth on Exhibit A (the “Performance Target”). Unless provided otherwise by the Committee, the Participant shall be deemed to not be in continuous employment or continuous service if the Participant’s status changes from employee to non-employee, or vice-versa. The actual number of RSUs that may vest may range from zero to 200% of the Target Amount based on the extent to which the Performance Target is achieved, in accordance with the methodology set out on Exhibit A. If the Company does not achieve the minimum Performance Target as set out on Exhibit A, then no RSUs shall vest and all RSUs shall be cancelled in their entirety and no vesting shall occur unless and until the Committee certifies that the Performance Target has been met (the “Certification”). (ii) At any time following the Date of Grant, the Committee may make adjustments or modifications to the Performance Target and the calculation of the Performance Target as it determines in its sole discretion, in order to avoid dilution or enlargement of the intended benefits to be provided to the Participant under this Agreement, to reflect the following events: (A) asset write-downs; (B) litigation or claim judgments or settlements; (C) the effect of changes in tax laws, accounting principles, or other laws or regulatory rules affecting reported results; (D) any reorganization and restructuring programs; (E) extraordinary nonrecurring items as described in Accounting Standards Codification Topic 225-20 (or any successor pronouncement thereto) and/or in management’s discussion and analysis of financial condition and results of operations appearing in the Company’s annual report to stockholders for the applicable year; (F) acquisitions or divestitures; (G) foreign exchange gains and losses; (H) discontinued operations and nonrecurring charges; (I) a change in the Company’s fiscal year; and/or (J) any other specific, unusual or nonrecurring events.

Performance Target. The conditions set forth in subsection 1.2(c) shall have occurred; and

Performance Target. The number of units that must be leased on December 1st of each year in order to maximize the Baseline Renewal Number for the following twelve-month period (December 1st to November 30th). This number is calculated by taking the sum of the Baseline Renewal Number plus the Renewal Unit Number, and multiplying it by the applicable performance percentage: a. 2012, 2013: 90% b. 2014, 2015: 92%

Performance Target. The term “Performance Target” shall mean, (i) with respect to fiscal year 2008, 2009 or 2010, 85% of the Targeted EBITDA for such fiscal year as set forth in Exhibit A hereto, and (ii) with respect to any fiscal year ending on or after December 31, 2011, the greater of (x) 85% of the Targeted EBITDA as set forth the Company’s annual plan for such fiscal year, as such plan is approved by the Board in good faith or (y) $163 million; provided, that the Performance Target as of the end of any fiscal quarter shall be equal to the Performance Target for the entire fiscal year prorated on a quarterly basis through the end of such fiscal quarter.

Performance Target. The Founder Parties hereby covenant to the following performance targets for the Group Companies on a consolidated basis under GAAP: (i) no net loss is recorded for the fourth quarter (Q4) of 2018 (the “2018 Performance Target”); and (ii) the revenue growth for the calendar year of 2019 is 10% or higher compared to revenues in calendar year 2018, and the net profits exceed US$1,500,000 during calendar year of 2019 (the “2019 Performance Target”). If the Group Companies failed to reach the 2018 Performance Target, the Founder Parties shall refrain from exercising any portion of the Annual Sales Quota. If, however, the Group Companies reached the above 2019 Performance Target, regardless whether the Group Companies reached the above 2018 Performance Target, the Founder Parties shall be entitled to exercise the Annual Sales Quota accumulated after the Conversion through the date of confirmation of the 2019 Performance Target. Furthermore, if the Group Companies continued to fail to reach the above 2018 and 2019 Performance Targets, the Founder Parties shall refrain from exercising any portion of the Annual Sales Quota (i.e. 1/3 of the Issued ADSs), unless during the following year (i.e. the calendar year of 2020), the Group Companies see growth in revenue and net profits respectively of at least 10% based on the previous target (which shall mean that the net profits exceeded US$1,650,000) (the “2020 Performance Target”), in which case the Founder Parties shall no longer be subject to any Annual Sales Quota after calendar year 2020. For avoidance of doubt, the Founder Parties are entitled to sell 100% of their ADSs if the 2020 Performance Target is reached, subject to compliance with the limitations on sale under Rule 144 of the Securities Act. If, however, the Group Companies failed to reach the 2020 Performance Target, thereafter the Group Companies shall be subject to a performance target further increased in a similar manner, and the Founder Parties shall continue to refrain from exercising any portion of the Annual Sales Quota.

Performance Target. Except as otherwise provided in Section 3(f)(iii) hereof, in the event that the " Performance Target" set forth in Exhibit A to the minutes of the March 11, 1999 meeting of the Compensation Committee of Employer's Board shall not have been achieved by the Company, then upon written notice referencing this Section 3(g) given by the Board to Executive at any time during the sixty day period commencing March 31, 2000, (i) Section 1 hereof shall be amended by replacing the date "March 31, 2003" with the date "▇▇▇▇▇ ▇▇, ▇▇▇▇", (▇▇) Section 3(a) hereof shall be amended by deleting the words "the Salary shall be increased to $386,250" and the words "beginning April 1, 2001" from the proviso therein, (iii) Section 3(d) hereof shall be amended by deleting clause (ii) thereof and re-numbering the remaining clauses of said Section accordingly; and (iv) Section 3(f) hereof shall be amended by deleting clause (i) thereof and re-numbering the remaining clauses of said Section accordingly.

Performance Target. The Performance Target for the Shares is 60%.

Performance Target. Each of the Target EBITDA, Target Free Cash Flow, Target EBITDA/Revenue Margin, and Target Production.

Performance Target. (i) Each of the Founder Parties hereby undertakes to the Series C Investors and the Series B Investors that the audited after tax operation net income (which shall be referred hereunder as the “Net Income”; for the avoidance of doubt, the after tax operation net income shall equal to after tax operation net profits plus any tax refunds or tax return received from the relevant Governmental Authority, plus any costs, expenses and share based compensation incurred by the Company in association with the issuance of any employee share option, share award or other equity incentives pursuant to the ESOP) of the Group Company for the fiscal year of 2017 and 2018 (collectively, the “Warranty Period”) shall equal to at least RMB500,000,000 and RMB700,000,000, respectively (such target Net Income set for the applicable fiscal year shall be referred hereunder as the “Net Income Target”). (ii) Subject to Section 6.5(iv) below, during the Warranty Period, if the Company fails to achieve any Net Income Target for a particular fiscal year, the Founder Parties shall reimburse the Company, in the form of cash, an amount equal to the difference between the actual Net Income realized during such fiscal year and the Net Income Target for such fiscal year, within 10 days following the issuance of the audited annual financial statements of the Group Companies. (iii) The Net Income realized by the Group Companies for each fiscal year within the Warranty Period shall be determined by a qualified accounting firm appointed by the Company, and the determination of which shall be free of material qualifications.