Performance Vesting Shares. If the Date of Termination does not occur during the Performance Period with respect to the Performance Vesting Shares, then, at the end of the Performance Period for such shares, the Participant shall become vested in those Performance Vesting Shares, and shall own the shares free of all restrictions otherwise imposed by this Agreement, but only to the extent expressly provided by this paragraph 6. Except as otherwise provided in this paragraph 6, if the Date of Termination occurs at or prior to the end of the Performance Period, the Performance Vesting Shares shall be forfeited. With respect to all Performance Vesting Shares, the “Performance Period” shall begin on the Grant Date and shall end on March 31, 2009.
Performance Vesting Shares. (i) Except as otherwise provided in Sections 2(b)(ii) and 2(b)(iii) below, 30% of the shares of Executive Stock purchased hereunder (the "Performance Vesting Shares") shall vest on the seventh anniversary of the Start Date, if as of such date Executive is still employed by the Company or any Subsidiary, provided that if at the end of any of the first five fiscal years of the Company following the date hereof, both the Company's EBITDA and EBITDA Percentage equal or exceed 90% of the Company's Projected EBITDA and Projected EBITDA Percentage, as determined in good faith by the Board, respectively, for such fiscal years, then 20% of the Performance Vesting Shares shall vest as of the end of each fiscal year in which such requirement is satisfied. In the event the Company does not satisfy the requirement for 20% of the Performance Vesting Shares to vest as of the end of any fiscal year, IF (i) the sum of the Company's EBITDA for the fiscal year in which such requirement is not met and the immediately succeeding fiscal year equals or exceeds 90% of the sum of the Company's Projected EBITDA for such two fiscal years, and (ii) the average of the Company's EBITDA Percentages for such two years equals or exceeds 90% of the average of the Company's Projected EBITDA Percentages for such two fiscal years, THEN 40% of the Performance Vesting Shares shall vest as of the end of the second of such two fiscal years.
Performance Vesting Shares. 25% of the Founder Shares Beneficially Owned by the Sponsor as of the Closing shall vest at such time as a $12.50 Stock Price Level is achieved on or before the fifth anniversary of the Closing Date. For the avoidance of doubt, if a $12.50 Stock Price Level is not achieved on or prior to the fifth anniversary of the Closing Date, the Founder Shares that were eligible to vest pursuant to this paragraph 4(a)(ii) shall not vest and shall be forfeited as provided in paragraph 4(b).
Performance Vesting Shares. The remaining 50% of unvested Sponsor Shares owned by Sponsor (and its Affiliates and Permitted Transferees) at Closing will be subject to the following vesting thresholds:
Performance Vesting Shares. Except as otherwise provided in e(iii) below, fifty percent (50%) of the Executive Shares shall vest on the fifth anniversary of the Closing so long as the Executive has remained continuously employed by the Company or its Subsidiaries as of such date (the "Performance-Vesting Shares"), provided that vesting will accelerate with respect to twenty-five percent of Executive's Performance-Vesting Shares on each of the vesting dates set forth in e(i) above if the Company has achieved the performance target set by the Board of Directors for the then most recently completed fiscal year of the Company (it being agreed that the Executive's performance target for the fiscal year ending December 31, 2000 is the Company's achievement of EBITDA in the amount of $112,100,000). Notwithstanding the foregoing, all of the Executive's Performance-Vesting Shares which have not yet become vested shall vest on the fifth anniversary of the Closing.
Performance Vesting Shares. 25% of the Founder Shares Beneficially Owned by the Sponsor as of the Closing shall vest at such time as a $12.50 Stock Price Level is achieved.
Performance Vesting Shares. [1/3 of the Restricted Stock Grant] shares of the Restricted Stock are Performance Vesting Shares. The Performance Vesting Shares shall vest based on achievement of the various performance goals for the performance periods provided in Appendix A hereto and provided the Executive has remained in Continuous Service through the February 15th following the end of performance period during which the performance goal is achieved.
Performance Vesting Shares. 100% of the Performance-Vesting Shares shall vest upon the achievement of a 1.0x Qualifying Return to Investor, provided that the Grantee’s Employment continues through such time.
Performance Vesting Shares. Three hundred fifty-thousand Shares (350,000) shall vest in separate tranches based on the achievement of certain Adjusted EBITDA (as defined below) targets as agreed upon between Executive and the Compensation Committee of the Board and as set forth in the stock option agreement governing such stock option. For purposes of this Agreement, “Adjusted EBITDA” is “GAAP net income from continuing operations (after deduction of minority interest) as reported on the income statement of the Company for the period in question PLUS, for the period in question, reported depreciation, amortization, interest expense (including loan fees), and taxes.” ”
Performance Vesting Shares. [X Shares] of the Restricted Stock (“Performance Vesting Shares”) shall vest based on the following:
