Performance-Vesting RSUs. Notwithstanding anything to the contrary contained in this Agreement, with respect to the Performance-Vesting RSUs, upon the date the Participant no longer is employed by the Company or any of its Affiliates for any reason (other than due to termination by the Company for Cause or by the Participant without Good Reason), the Company shall (i) remain obligated to settle any Performance-Vesting RSUs for which the Stock Price Threshold Achievement Date occurred prior to such termination of employment in Performance Shares in accordance with Section 2(a)(i), and (ii) issue to the Participant on such date of such termination of employment, a number of shares of Common Stock equal to the (A) (x) the number of Performance-Vesting RSUs, multiplied by (y) the Initial Stock Price, divided by (z) the Common Stock Price as of the date of such termination of employment, multiplied by (B) a percentage, represented by a fraction, the numerator of which is the amount that the Common Stock Price as of the date of such termination of employment exceeds the last Stock Price Threshold above the Initial Stock Price achieved by the Company (or, if no such Stock Price Threshold above the Initial Stock Price has been achieved, the Initial Stock Price), and the denominator of which equals $25.00, rounded down to the nearest whole share (such shares, the “Partial Performance Shares”). Any Performance-Vesting RSUs that become earned pursuant to this Section 3(b) shall be settled in the Partial Performance Shares on, or as soon as reasonably practicable following, the date of termination (but in any event on or prior to March 15 of the calendar year following the year in which the date of termination occurs). Notwithstanding anything to the contrary set forth herein, the Performance Shares described in this subsection (b) and the Partial Performance Shares shall be fully vested on the date of grant.
Performance-Vesting RSUs. The Performance Vesting RSUs will become earned (“Earned RSUs”) based on the achievement of the Performance Conditions set forth below with respect to the Performance Period specified below.
Performance-Vesting RSUs. Fifty percent (50%) of the Restricted Stock Units shall be subject to both time-vesting and performance-vesting conditions (“PSUs”). A PSU shall only become vested and subject to settlement upon satisfaction of both the time-vesting condition and the performance-vesting condition.
Performance-Vesting RSUs. The number of Tranche 2 Performance Vesting RSUs that become Earned RSUs shall be based on the achievement of the Performance Conditions set forth below, with the number of Tranche 2 Performance Vesting RSUs earned in respect of each Performance Condition equal to (x) the target number of Tranche 2 Performance Vesting RSUs multiplied by (y) the Relative Weighting multiplied by (z) the applicable Percentage of Award Earned (calculated in accordance with 2(b)), rounded down to the nearest whole share. Tranche 2 Performance Condition Performance Period Relative Weighting Threshold Level of Achievement Target Level of Achievement Maximum Level of Achievement Absolute TSR January 31, 2017 – December 31, 2018 [•] [•] [•] [•] Same Store NOI Growth CAGR January 1, 2017 – December 31, 2018 [•] [•] [•] [•] AFFO Growth CAGR January 1, 2017 – December 31, 2018 [•] [•] [•] [•]
Performance-Vesting RSUs. Subject to Section 4, the percentage of the Performance Vesting RSUs indicated in the table below will be deemed eligible for vesting (the “Eligible Performance Vesting RSUs”) if the performance goal indicated is achieved within the applicable performance period, as thereafter affirmed by the Board no later than ___________, as it shall determine in its sole and absolute discretion. [_______ of the total Eligible Performance Vesting RSUs shall vest on the date of the Board affirmation and on each of the ___________ subsequent anniversaries of such affirmation, provided Participant continues to be employed with the Company or one of its affiliates on the applicable vesting date]:
Performance-Vesting RSUs. The Performance-Vesting RSUs will be comprised of three tranches of 600,000 RSUs, each of which may vest in part or in full on March 31, 2023 (or earlier upon certain terminations of employment or Change in Control scenarios, as set forth below), if you remain employed through such date, with the degree of vesting based upon achievement of the Share price goals set forth below for the applicable tranche. Except as otherwise provided below, no performance-Vesting RSUs will vest if your employment terminates prior to March 31, 2023.
Performance-Vesting RSUs. The Tranche 1 Performance Vesting RSUs, Tranche 2 Performance Vesting RSUs, and Tranche 3 Performance Vesting RSUs (collectively, the “Performance Vesting RSUs”) will become earned (“Earned RSUs”) based on the achievement of the Performance Conditions set forth below with respect to the applicable Performance Period specified below.
Performance-Vesting RSUs. Notwithstanding Section 1(b)(v)(C) above, on or prior to December 31, 2009, in the event of Executive’s death, Disability or termination by the Company without Cause, and after December 31, 2009, in the event of termination of Executive’s employment for any reason, including voluntarily by Executive, any unvested Initial TSR Performance-Vesting RSU Grant and Subsequent TSR Performance-Vesting RSU Grant shall vest in accordance with the attainment of the Performance Goals through the date of such event (and shall be pro-rated for time elapsed during the period).7 Shares in respect of RSUs that vest in accordance with this Section 1(b)(v)(G)(3) shall be delivered, subject to Section 1(g) of this Agreement, as soon as practicable after the earliest to occur of Executive’s Separation from Service, death, Disability or the third anniversary of the applicable grant date, but in no event more than fifteen days after such event, with the exact payment date to be determined by the Company in its sole discretion, and
Performance-Vesting RSUs. Subject to the terms and restrictions of the Award Agreement and the Plan, the Performance-Vesting RSUs shall be eligible to become Total Vesting RSUs based on the level of achievement of the Performance Conditions during the Measurement Period, as set forth in Appendix 1-A to this Award Agreement. The Total Vesting RSUs shall be determined by multiplying the Target Number of RSUs granted by the Total Vesting Percentage (as defined in Appendix 1-A to this Award Agreement). For purposes of this Notice:
Performance-Vesting RSUs
