PLAN FRAMEWORK. The Plan shall contain all of the following terms:
6.1 A condition precedent to the effectiveness of the Plan (subject to the waiver provisions to be negotiated in connection with the Plan) shall be that the aggregate amount of all trade claims and other unsecured claims (including any accrued interest) (excluding (i) unsecured funded debt claims, (ii) Flow-Through Claims (defined below), (ii) GM claims, which shall be treated as set forth below, (iii) subordinated debt claims, which shall be treated as set forth below, and (iv) securities claims, which shall be treated as set forth below) (collectively, the “Trade and Other Unsecured Claims”) that have been asserted or scheduled but not yet disallowed as of the effective date of the Plan shall be allowed or estimated for distribution purposes by the Bankruptcy Court to be no more than $1.7
PLAN FRAMEWORK. 4.1 The Plan will contain the terms set forth in the form of Plan and the Investment Agreement, both of which are attached as Exhibits hereto and are incorporated herein by reference.
PLAN FRAMEWORK. (a) The Award will be allocated based on business unit financial performance and individual performance on position objectives and individual effectiveness. Performance bonus criteria and target awards approved by the Company’s board of directors for fiscal year 2009 are provided in the chart below. 2009 Cash Performance Award Target Opportunity * % Company/team Performance • Gross Margin 30.0% 70% • Adjusted EBITDA per average subscriber 25.0% • Net Subscriber Additions 20.0% • Capital expenditures per ending subscriber 15.0% • Discretionary 10.0% Individual Performance 30% ü Achieving target performance - 0% to 100% payout üAchieving maximum performance - 0% to 200% payout
(b) The performance period for the award begins on January 1, 2009 and ends on December 31, 2009 (the “Performance Period”).
(c) The Award, if awarded, will be paid in cash the year following the Performance Period (but in no event later than March 15 following the end of the Performance Period).
(d) The Company reserves the right to change its benefits and the Award allocation formula at any time without notice.
PLAN FRAMEWORK. (a) The payout under the Award is allocated based on the “2013 Annual Cash Performance Award Target Opportunity” consisting of the Company/team financial performance and individual performance on the Employee's position objectives and individual effectiveness as set forth below. This performance criteria and target awards approved by the Company's Board of Directors for fiscal year 2013 are provided in the chart below: 2013 Annual Cash Performance Award Target Opportunity1 XXX% of Annual Base Salary2 Company/team Performance* Gross Margin 30% 70% Adjusted EBITDA per average subscriber 25% Net Subscriber Additions 25% Capital expenditures per ending subscriber 10% Discretionary 10% Individual Performance 30% • Achieving minimum performance - 0% payout • Achieving target performance - 100% payout • Achieving maximum performance - 200% payout The achievement of any level of performance between 0% and 200% will be calculated using straight line interpolation.
PLAN FRAMEWORK. The Plan Framework phase of the project will focus on working with the community and stakeholders to establish the Plan Framework. The Framework for each plan area will include land use and urban form, identification of and planning for catalytic sites, infrastructure and utilities planning, mobility and connectivity for all modes, public realm and placemaking, and place types.
PLAN FRAMEWORK. The Professional will establish the framework for the plan, identifying its vision, goals, and objectives, as drawn from the Mobility, Future Land Use, and Green Elements of the City’s Comprehensive Development Master Plan. These parameters will guide development of the plan; this framework is intended to be flexible, but can be refined during the study process as needed. The goals and objectives will be communicated to the public and verified. This framework will be carried through the plan development, guiding the formulation of policy and project recommendations, confirming that each plan recommendation is responsive to the guiding principles of the plan. Deliverable: Plan framework memorandum.
