Performance-Vesting RSUs Sample Clauses

Performance-Vesting RSUs. (i) The Company hereby grants the Participant 1,104,167 RSUs as of the Date of Grant (the “Performance-Vesting RSUs”), on the conditions set forth in this Section 2(b)(i). Upon the achievement by the Company of a Common Stock Price that equals or exceeds each Stock Price Threshold during the Performance Share Eligibility Period (the date of such achievement, a “Stock Price Threshold Achievement Date”), the Company shall issue to the Participant following such Stock Price Threshold Achievement Date, a number of shares of Common Stock (the “Performance Shares”) equal to (A) the number of Performance-Vesting RSUs, multiplied by (B) the Initial Stock Price, divided by (C) the applicable Stock Price Threshold achieved. The Performance Shares achieved on a Stock Price Threshold Achievement Date shall be issued on, or as soon as reasonably practicable following, the Stock Price Threshold Achievement Date (but in any event on or prior to March 15 of the calendar year following the year in which the Stock Price Threshold Achievement Date occurs). For the avoidance of doubt, (x) subject to Section 3, the Performance-Vesting RSUs will remain outstanding through the end of the Performance Share Eligibility Period and will be settled in additional shares of Common Stock upon attainment of each Stock Price Threshold (provided that not more than one issuance of the Performance Shares shall be made in respect of each specific Stock Price Threshold achieved) and (y) the Participant shall not be eligible to receive any Performance Shares with respect to achievement of any Stock Price Threshold following the end of the Performance Share Eligibility Period. (ii) The number of Performance Shares issued following any vesting date shall be rounded down to the nearest whole share. (iii) One-third of the Performance Shares issued following any Stock Price Threshold Achievement Date shall be fully vested upon issuance and the remaining Performance Shares shall become vested in two equal annual installments on each of the first and second anniversaries of the applicable Stock Price Threshold Achievement Date, subject to the Participant’s continued employment with the Company or any of its Affiliates through the applicable vesting date. Notwithstanding anything to the contrary herein, to the extent the Company reasonably anticipates that the issuance of Performance Shares hereunder will violate Federal securities laws or other applicable law (within the meaning of Treasury Regulation...

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. (i) The PSUs shall performance vest based on the Company’s achievement of the 15-Day VWAP targets set forth below on or before the third anniversary of the Date of Grant (such period, the “Performance Period”), subject to the Participant’s continued Service through each applicable vesting date. For purposes of this Agreement, “15-Day VWAP” means the volume-weighted average price per share of Common Stock over fifteen (15) consecutive trading days. In the event the Company makes a significant return of capital to its shareholders during the Performance Period, the Company and the Participant will work together in good faith to effectuate any necessary adjustments to the 15-Day VWAP Targets.

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. 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. 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. 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. 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. 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. Fifty percent (50%) of the Restricted Stock Units shall be subject to both time-vesting and performance-vesting conditions (“PSUs”).

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: