Performance Target. To the extent that the Grant Schedule includes a performance-based target, the Grant Schedule will specify the extent to which the Restricted Stock Units will be forfeited for failure to achieve the performance-based target.
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. Each of the Target EBITDA, Target Free Cash Flow, Target EBITDA/Revenue Margin, and Target Production.
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 Performance Target for the Shares is 60%.
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 "Xxxxx 00, 0000", (xx) 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. (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.
Performance Target. If, at the conclusion of the one (1) year period following the Effective Date of the Employment Agreement, the Employee has secured on behalf of the Company more than seven (7) Contracts with Affiliates in Top 25 Markets (the “Initial Seven”), Employee shall earn, in addition to the Incentive Bonus outline in subparagraph (a), an additional $22,500.00 Incentive Bonus per Affiliate, up to a total of five (5) Affiliates in excess of the Initial Seven, for a total annual Incentive Bonus of no more than $225,000.00. Any Affiliate(s) in the Top 25 Markets with which the Employee has secured a Contract during the one (1) year period following the Effective Date of the Agreement in excess of twelve (12) shall be carried over to the Performance Target applicable to the second year of the Employment Agreement, as outlined below in Paragraph 2(a).
Performance Target. The conditions set forth in subsection 1.2(c) shall have occurred; and
Performance Target. (a) In respect of the first Earn-Out Year:
(i) the performance target for the Company is Net Profit of US$3,150,000 ("Target 1");
(ii) where the Company achieves 100% of Target 1, 100% of the Earn-Out Amount in clause 3.5.2
(a) shall be due and payable to the Seller; and
(iii) where the Company achieves less than 100% of Target 1, the percentage of the Earn-Out Amount payable shall be determined by dividing the Net Profit of the Company attributable to the first Earn-Out Year by Target 1 and multiplying by 100.
(b) In respect of the second Earn-Out Year
(i) the performance target for the Company is Net Profit of US$4,200,000 plus any part of Target 1 not achieved in the first Earn-Out year ("Target 2");
(ii) where the Company achieves 100% of Target 2, 100% of the Earn-Out Amount in clause 3.5.2
