Performance Threshold. (a) For purposes of this Agreement, the “Performance Threshold” for any year shall be satisfied if the XXX (as defined below) for that year is greater than the 5 Yr Avg Cost of LT Debt (as defined below) for that year.
Performance Threshold. The distribution of the Escrow Shares shall be based upon the following performance threshold (the “Performance Threshold”) for the fiscal year ended December 31, 2011 (“Fiscal Year 2011”):
Performance Threshold. If the Company does not achieve the specified percentage, which is based on a scale of 100%, of the following Performance Thresholds, the Escrowed Shares shall be disbursed to the Investors as set forth herein:
Performance Threshold. Starting Program Year 10, the Program will enroll, actively manage, and protect 500 active riparian habitat acres.
Performance Threshold. Starting Year 5 following the execution of the Funding Agreement, 353 acres of permanently protected vernal pool complex managed to support increased vernal pool complex functionality.
Performance Threshold. Beginning in Program Year 10, the Program will deliver a five-year annual average of 32,500 acre-feet per year of recycled water within the irrigation season (April through October) and a five-year annual average of 8,750 acre-feet per year of recycled water within the winter season (November through March) to the Water Delivery Area for agricultural operations including irrigation and Sandhill crane habitat.
Performance Threshold. In order for any portion of the Performance Unit Award to become earned (and payable) under this Agreement, the Company’s _____________ for the fiscal year ending December 31, 20__ must equal or exceed ________ .
Performance Threshold. The Company's Pre-Tax Income in excess of $500,000.
Performance Threshold. Each of Applied Spectrum and the Company covenants to the Investors and Investor Agent that Net Income (as defined below) for the fiscal year ending December 31, 2007 ("FY07 Net Income") of Applied Spectrum will be greater than or equal to $8.0 million (the "Performance Threshold"), as set forth in financial statements of Applied Spectrum (the "FY07 Financial Statements") for the period ending December 31, 2007 prepared in accordance with the published rules and regulations of US GAAP applied on a consistent basis throughout the periods involved and audited in accordance with the auditing standards of the Public Company Accounting Oversight Board ("PCAOB") by a nationally recognized independent accountant registered with PCAOB (the "Independent Accountant"), with such statements fairly presenting in all material respects the financial position of Applied Spectrum and its subsidiaries, on a consolidated basis, as of the fiscal year ending December 31, 2007 (the "FY07") and the FY07 Financial Statements shall not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. For the purpose of this Agreement, "Net Income" means, for any period, the net income (or loss) of Applied Spectrum and its subsidiaries for such period, determined on a consolidated basis; provided, however, that the net income for such period will be increased by any non-cash charges incurred as a result of the Offering (due to non-cash amortization on warrants charged to the Applied Spectrum's results of operation, if any).
Performance Threshold. The distribution of one million eight hundred forty eight thousand seven hundred thirty nine (1,848,739) of the Escrow Shares (“PT Escrow Shares”) shall be based upon the following performance threshold:
