Common use of Performance Vesting Clause in Contracts

Performance Vesting. As soon as reasonably practicable (but in no event more than 45 days) following the completion of the Performance Period, the Administrator shall determine the Company TSR Percentage, the Peer Group TSR Percentages, the Peer Group Relative Performance, the Absolute TSR Performance Vesting Percentage, the Relative TSR Performance Vesting Percentage, the number of Distribution Equivalent Units, and the number of Class A Units granted hereby that have become Absolute TSR Vested Base Units, Relative TSR Vested Base Units, Performance Vested Base Units and Performance Vested Units, in each case as of the completion of the Performance Period. Subject to Sections 4(b), 5(b) and 5(c) below, upon such determination by the Administrator, the Restrictions set forth in Section 3(b) above and Section 5(a) below applicable to any outstanding Performance Vested Units (if any) shall lapse and such Performance Vested Units shall become fully vested, subject to Participant’s continued status as a Service Provider through such vesting date. Any Class A Units granted hereby which do not satisfy the requirements to become Performance Vested Units as of the completion of the Performance Period will automatically be cancelled and forfeited without payment of any consideration therefor, and the Participant shall have no further right to or interest in such Class A Units.

Appears in 2 contracts

Samples: Class a Performance Ltip Unit Agreement (Xenia Hotels & Resorts, Inc.), Class a Performance Ltip Unit Agreement (Xenia Hotels & Resorts, Inc.)

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Performance Vesting. As soon as reasonably practicable (but in no event more than 45 days) following the completion of the Performance Period, the Administrator shall determine the Company TSR Percentage, the Peer Group TSR Percentages, the Peer Group Relative Performance, the Absolute TSR Performance Vesting Percentage, the Relative TSR Performance Vesting Percentage, the number of Distribution Equivalent Units, and the number of Class A Units granted hereby that have become Absolute TSR Vested Base Units, Relative TSR Vested Base Units, Performance Vested Base Units and Performance Vested Units, in each case as of the completion of the Performance Period. Subject to Sections 4(b), 5(b) and 5(c5(b) below, upon such determination by the Administrator, the Restrictions set forth in Section 3(b) above and Section 5(a) below applicable to any outstanding Performance Vested Units (if any) shall lapse and such Performance Vested Units shall become fully vested, subject to Participant’s continued status as a Service Provider through such vesting date. Any Class A Units granted hereby which do have not satisfy the requirements to become Performance Vested Units as of the completion of the Performance Period will automatically be cancelled and forfeited without payment of any consideration therefor, and the Participant shall have no further right to or interest in such Class A Units.

Appears in 2 contracts

Samples: Class a Performance Ltip Unit Agreement (Xenia Hotels & Resorts, Inc.), Class a Performance Ltip Unit Agreement (Xenia Hotels & Resorts, Inc.)

Performance Vesting. As soon as reasonably practicable (but in no event more than 45 days) following the completion of the Performance Period, the Administrator shall determine the Company TSR Percentage, the Peer Group TSR Percentages, the Peer Group Relative Performance, the Absolute TSR Performance Vesting Percentage, the Relative TSR Performance Vesting Percentage, the number of Distribution Equivalent Units, and the number of Class A Units granted hereby that have become Absolute TSR Vested Base Units, Relative TSR Vested Base Units, Performance Vested Base Units and Performance Vested Units, in each case as of the completion of the Performance Period. Subject to Sections 4(b), 5(b) and 5(c5(b) below, upon such determination by the Administrator, the Restrictions set forth in Section 3(b) above and Section 5(a) below applicable to any outstanding Performance Vested Units (if any) shall lapse and such Performance Vested Units shall become fully vested, subject to Participant’s continued status as a Service Provider through such vesting date. Any Class A Units granted hereby which do not satisfy the requirements to become Performance Vested Units as of the completion of the Performance Period will automatically be cancelled and forfeited without payment of any consideration therefor, and the Participant shall have no further right to or interest in such Class A Units.vesting

Appears in 1 contract

Samples: Class a Performance Ltip Unit Agreement (Xenia Hotels & Resorts, Inc.)

Performance Vesting. As soon as reasonably practicable (but in no event more than 45 days) following the completion of the Performance PeriodPeriod (including upon the consummation of a Change in Control, as applicable), the Administrator shall determine the Company TSR Percentage, the Peer Group TSR Percentages, the Peer Group Relative Performance, the Absolute TSR Performance Vesting Percentage, the Relative TSR Performance Vesting Percentage, the number of Distribution Equivalent Units, and the number of Class A OPP Units granted hereby that have become Absolute TSR Vested Base Units, Relative TSR Vested Base Units, Performance Vested Base Units and Performance Vested Units, in each case as of the completion of the Performance PeriodPeriod (including on the date of a Change in Control, as applicable). Subject to Sections 4(b), ) and 5(b) and 5(c) belowhereof, upon such determination by the Administrator, the Restrictions set forth in Section 3(b) above and Section 5(a) below applicable to any outstanding Performance Vested Units (if any) shall lapse and such Performance Vested Units shall become fully vested, subject to Participant’s continued status as a Service Provider an Employee through such vesting datethe end of the Performance Period (except as otherwise provided below). Any Class A OPP Units granted hereby which do not satisfy the requirements to become Performance Vested Units as of the completion of the Performance Period will (subject to determination within 45 days thereafter) shall automatically be cancelled and forfeited without payment of any consideration therefor, and the Participant shall have no further right to or interest in such Class A OPP Units.

Appears in 1 contract

Samples: Opp Performance Unit Agreement (Rexford Industrial Realty, Inc.)

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Performance Vesting. As soon as reasonably practicable (but in no event more than 45 days) following the completion of the Performance PeriodPeriod (including upon the consummation of a Change in Control, as applicable), the Administrator shall determine the Company TSR Percentage, the Peer Group TSR Percentages, the Peer Group Relative Performance, the Company Core FFO Growth Percentage, the Absolute TSR Performance Vesting Percentage, the Relative TSR Performance Vesting Percentage, the Core FFO Per-Share Vesting Percentage, the number of Distribution Equivalent Units, and the number of Class A OPP Units granted hereby that have become Absolute TSR Vested Base Units, Relative TSR Vested Base Units, Core FFO Per-Share Vested Base Units, Performance Vested Base Units and Performance Vested Units, in each case as of the completion of the Performance PeriodPeriod (including on the date of a Change in Control, as applicable). Subject to Sections 4(b), ) and 5(b) and 5(c) belowhereof, upon such determination by the Administrator, the Restrictions set forth in Section 3(b) above and Section 5(a) below applicable to any outstanding Performance Vested Units (if any) shall lapse and such Performance Vested Units shall become fully vested, subject to Participant’s continued status as a Service Provider an Employee through such vesting datethe end of the Performance Period (except as otherwise provided below). Any Class A OPP Units granted hereby which do not satisfy the requirements to become Performance Vested Units as of the completion of the Performance Period will (subject to determination within 45 days thereafter) shall automatically be cancelled and forfeited without payment of any consideration therefor, and the Participant shall have no further right to or interest in such Class A OPP Units.

Appears in 1 contract

Samples: Opp Performance Unit Agreement (Rexford Industrial Realty, Inc.)

Performance Vesting. As soon as reasonably practicable (but in no event more than 45 sixty (60) days) following the completion of the applicable Performance Period, the Administrator shall determine the Company TSR PercentageAFFO per Share, the Peer Group TSR Percentages, the Peer Group Relative Performance, the Absolute TSR AFFO per Share Performance Vesting Percentage, the Company Same Warehouse NOI Growth, the Same Warehouse NOI Performance Vesting Percentage, the Company TSR Percentage, the S&P 500 Index TSR Percentages, the S&P 500 Index Relative Performance, the Relative TSR Performance Vesting Modifier Percentage, the number of Distribution Equivalent Units, and the number of Class A LTIP Units granted hereby that have become Absolute TSR AFFO per Share Vested Base Units, Relative TSR Same Warehouse NOI Vested Base Units, Performance Vested Base Units and Performance Vested Units, in each case as of the completion of the applicable Performance Period. Subject to Sections 4(b), 5(b) and 5(c) below, upon such determination by the Administrator, the Restrictions set forth in Section 3(b) above and Section 5(a) below applicable to any outstanding Performance Vested Units (if any) shall lapse and such Performance Vested Units shall become fully vestedvest and cease to be subject to the Restrictions, subject to the Participant’s continued status as a Service Provider through such vesting date. Any Class A LTIP Units granted hereby which do not satisfy the requirements to become Performance Vested Units as of the completion of the applicable Performance Period will automatically be cancelled and forfeited without payment of any consideration therefor, and the Participant shall have no further right to or interest in such Class A LTIP Units.

Appears in 1 contract

Samples: Performance Based Ltip Unit Agreement (Lineage, Inc.)

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