Second Performance Goal Sample Clauses

Second Performance Goal. Subject to the Participant’s continuous Service until the third anniversary of the Grant Date, 50,000 Shares shall vest (in addition to the 50,000 Shares vesting pursuant to Section 2(a)(i) of the Agreement on such anniversary), and to the extent the First Performance Goal was not satisfied the Shares under Section 1 of this Schedule A shall also vest, as of the last day of the 2013 fiscal year upon the Company’s satisfaction for the 2011, 2012 and 2013 three-fiscal year period, as reported to the Securities Exchange Commission on the audited financial statements of the Company in Forms 10-K for such period, of (“Second Performance Goal”):
Sample 1
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Second Performance Goal. Metroplex shall have failed to obtain for the benefit of the Company, before any event described in the following paragraphs (iv) and (v) and no later than nine (9) months after the Effective Date, an executed letter of intent or legally binding commitment from a financially responsible person providing for the development and lease or sale of at least two (2) of the Named Parcels included in the Joint Venture Property (including any Named Parcel that satisfied the similar condition set forth in paragraph (i) above), on terms that satisfy the investment criteria described in Section 2.2 of the Company's Option Agreement, as shall be determined in good faith by the mutual agreement of the Members. Metroplex shall not be deemed to have failed to achieve such goal if GCN shall have delayed for more than ten (10) Business Days its determination with respect to approval or rejection of any such letter of intent or commitment; provided, however, that Metroplex has timely given GCN all material information needed to make such determination.
Sample 1

Related to Second Performance Goal

  • Portfolio Expense and Performance Data The Fund shall provide such data regarding each Portfolio’s expense ratios and investment performance as the Company shall reasonably request, to facilitate the registration and sale of the Variable Contracts. Without limiting the generality of the forgoing, the Fund shall provide the following Portfolio expense and performance data on a timely basis to facilitate the Company’s preparation of its annually updated registration statement for the Variable Contracts (and as otherwise reasonably requested by the Company), but in no event later than 75 calendar days after the close of each Portfolio’s fiscal year:

  • Performance Obligations The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing.

  • Continuity of Service and Performance Unless otherwise agreed in writing, the Parties shall continue to provide service and honor all other commitments under this Agreement during the course of a Dispute with respect to all matters not subject to such Dispute.

  • Excused Performance If either Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event, such Party will be excused from the affected performance obligation (other than payment obligations), provided that:

  • Continued Performance The fact that the dispute resolution procedures specified in this Section 13 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.

  • PAYMENT AND PERFORMANCE OF LIABILITIES The Borrowers shall pay each payment Liability when due (or when demanded, if payable on demand) and shall promptly, punctually, and faithfully perform each other Liability.

  • Secured Party Performance of Debtor Obligations Without having any obligation to do so, the Administrative Agent may perform or pay any obligation which any Grantor has agreed to perform or pay in this Security Agreement and the Grantors shall reimburse the Administrative Agent for any amounts paid by the Administrative Agent pursuant to this Section 8.4. The Grantors’ obligation to reimburse the Administrative Agent pursuant to the preceding sentence shall be a Secured Obligation payable on demand.

  • Prompt Performance All actions required to be taken (including payments) by any party under this Agreement shall be performed within the time prescribed for performance in this Agreement, or if no period is prescribed, such actions shall be performed promptly.

  • Assist Performance Seller shall exercise its reasonable best efforts to cause to be fulfilled those conditions precedent to Buyer’s obligations to consummate the transactions contemplated hereby which are dependent upon the actions of Seller and to work with Buyer to make and/or obtain any necessary filings and consents. Seller shall cause Split-Off Subsidiary to comply with its obligations under this Agreement.

  • Performance Measure The number of Performance Shares earned at the end of the three-year Performance Period will vary depending on the degree to which cumulative adjusted earnings per share performance goals for the Performance Period, as established by the Committee, are met.

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