Performance Thresholds. The Performance Threshold means the required threshold of Total Shareholder Return that must be achieved for a portion of the Sign-On PSUs to vest, which shall be expressed as a percentage, and is as follows: (i) the Performance Threshold is 25% for 20% of such Sign-On PSUs to vest; (ii) the Performance Threshold is 50% for an additional 40% of such Sign-On PSUs to vest; (iii) the Performance Threshold is 75% for an additional 20% of such Sign-On PSUs to vest; and (iv) the Performance Threshold is 125% for an additional 20% of such Sign-On PSUs to vest.
Performance Thresholds. In order to help offset NOA’s expenses incurred for quality assurance, lot check, Distribution, and Sales, NOA’s payments to LICENSEE for each specific Add On Content Distributed by NOA shall not begin unless and until LICENSEE meets the applicable Performance Threshold for that specific Add On Content.
Performance Thresholds. 5 1.44. Permits......................................................5 1.45. Permitted Liens..............................................5 1.46.
Performance Thresholds. The Provider will meet the acceptable and work towards the achievable programme standards. Where national recommendation for acceptable standards, KPIs and the results of internal and external quality assurance checks are made, the Provider will be expected to develop action plans. The plan will respond to any performance issues highlighted by the commissioners, having regard to any concerns raised via any feedback from service users. The plan will contain defined timescales and responsibilities and will be agreed with the commissioners. The acceptable threshold is the lowest level of performance which screening services are expected to attain. All screening services should exceed the acceptable threshold and have plans to meet the achievable threshold. Screening services not meeting the acceptable threshold are expected to put in place recovery plans to deliver rapid and sustained improvement. The achievable threshold represents the level at which the screening service is likely to be running optimally. All screening services should aspire to attain and maintain performance at or above this level. Screening standards give a high-level overview of the quality of screening programme at key points on the screening pathway. They contribute to the quality assurance of the screening programme but are not, in themselves, sufficient to quality assure or performance manage screening services. To ensure the quality of the screening procedures, bowel cancer screening patients need to be scoped on dedicated screening lists. There should be a maximum of 4 index BCSP colonoscopy patients on a screening list at any time. If the screener is in agreement, a site check patient may be added to the end of the list.
Performance Thresholds. (a) The performance thresholds for the fiscal year ended December 31, 2008 shall be audited Net Income equal to $28,000,000 and Fully Diluted Earnings Per Share (as defined below) equal to $0.73 (the “Performance Thresholds”).
(b) Whether the Performance Thresholds have been met shall be determined on the date the Company’s audited financial statements for the corresponding fiscal year are filed with the Securities and Exchange Commission pursuant to the reporting requirements of the Securities Exchange Act of 1934 (the “Exchange Act”), as amended, which includes any extensions with respect thereof pursuant to Rule 12b-25 of the Exchange Act (such date being hereinafter referred to as the “Audit Date”); and, if the Company is not required to file reports pursuant to Section 13(a) or 15(d) of the Exchange Act, and therefore prepares and furnishes the documents required by Section 6 of the Registration Rights Agreement, the Performance Thresholds shall be determined in accordance with such prepared documents and at such time.
(c) With respect to the Performance Thresholds, “Net Income” shall be defined in accordance with US GAAP and reported by the Company in its audited financial statements for 2008, plus any amounts that may have been recorded as non-cash charges or liabilities on the 2008 financial statements, respectively, due to the application of EITF No. 00-19 that are associated with (i) any outstanding Warrants of the Company, (ii) the transactions contemplated by this Agreement, including, without limitation the release of any Escrow Shares to Redsky Group, (iii) any issuance of shares of Common Stock or option grants under a performance based stock incentive plan that was in existence on the Closing Date, and (iv) the conversion of any shares of preferred stock. “Fully Diluted Earnings Per Share” means after tax Net Income divided by the number of shares of Common Stock outstanding on a fully diluted basis, which number of shares of Common Stock shall include, without limitation, (x) the number of shares of Common Stock issuable upon conversion of the Company’s then outstanding shares of Series A Preferred and Series B Preferred, and (y) the number of shares of Common Stock issuable upon the exercise of any then outstanding warrants, options or other securities convertible into shares of Common Stock of the Company, as of December 31, 2008.
Performance Thresholds. Such amendment, modification or other supplement, shall require the consent and approval of the Company, the Lead Sustainability Structuring Agent and the Administrative Agent and will take effect so long as Lenders constituting Required Lenders do not object to such changes within five Business Days after receiving written notice of such proposed amendment, modification or other supplement. If the Company, the Lead Sustainability Structuring Agent and the Administrative Agent do not agree to any such amendment, modification or supplement following the 60 day period, then, upon the written agreement among the Company, the Lead Sustainability Structuring Agent and the Administrative Agent, which will take effect so long as Lenders constituting Required Lenders do not object to such agreement within five Business Days after the Lenders’ receipt of written notice of such proposed agreement, the Sustainability Applicable Rate Adjustment shall cease to apply for the relevant Key Performance Indicator and, notwithstanding anything to the contrary herein, for all purposes hereunder, the Sustainability Applicable Rate Adjustment for such Key Performance Indicator shall be deemed to be zero. In the case such Key Performance Indicator no longer applies, (i) the Company will then cease to refer to the applicable Key Performance Indicator in the Sustainability Pricing Certificate, (ii) the Maximum Adjustment shall be automatically updated to exclude any adjustments for such Key Performance Indicator and (iii) the Bonus Sustainability Margin Adjustment shall be automatically adjusted to exclude any performance requirement with respect to such Key Performance Indicator; provided that if no Key Performance Indicator applies, notwithstanding anything to the contrary herein and for all purposes hereunder the Bonus Sustainability Margin Adjustment shall be deemed to be zero.
Performance Thresholds. This Award will not be paid, in whole or in part, if the Corporation’s net income for 2011 is less than $2,122,000.
Performance Thresholds. The contractor service requirements are summarized in each task order performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success. General quality measures, as set forth below, will be applied to each work product received from the contractor under this PWS. Unless otherwise specified in a task order, the following performance standards apply to deliverables: • Accuracy – Work products must be accurate in presentation, technical content, and adherence to accepted elements of style. Analysis must be sound, supported by research, well documented, and reflect the best practices and standards. • Recommendations – Must be sound, compliant with policy and regulation, practical and actionable, and reflect the best practices and standards. A recommendation must meet, as applicable, the following quality criteria: o Suitable – Does it solve the problem, and is it legal and ethical? o Feasible – Does it fit within available resources? o Acceptable – Is it worth the cost or risk? o Distinguishable – Does it differ significantly from other recommendations? o Complete – Does it solve all critical aspects of the problem from start to finish? • Documents for Government Signature – Must be formatted as specified by the Government, to include the DoD Manual for Written Material (DOD 5110.4-M) and must be 100% error free in format, style, grammar, and spelling. Other documents must be generally free of grammar and spelling errors. • Appearance – All work products must be neat and attractive, reflecting the role that OUSD(A&S) fulfills. • Clarity – Work products must be clear and concise, and easily understood in a single, rapid reading. Diagrams must be easy to understand and be relevant to the supporting narrative. • File Editing – All text and diagrammatic files will be editable by the Government using standard DoD- licensed software.
Performance Thresholds. The Licensee shall implement production scale capacity in the Production Facility permitting the Licensee to process not less than 500,000 litres of Raw Material per year following the achievement of the Production of Conformance Lots.
Performance Thresholds. Pagecount shall:
(i) have a minimum of 250,000 subscribers on whose Web sites a Pagecount banner has been displayed at least once in the month prior to the Closing;
(ii) Pagecount shall have a minimum of 50,000,000 advertising impressions per month which are non-adult and non-X-rated and a minimum of 20,000,000 advertising impressions which are adult or X-rated;
(iii) Pagecount shall not have long term agreements that cannot be terminated within thirty (30) days' notice that exceed twenty-five (25%) percent of the non-adult and non-X-rated advertising inventory;
