SECOND PERFORMANCE PERIOD Sample Clauses

SECOND PERFORMANCE PERIOD. If, with respect to the Second Performance Period, Delta Two, expressed as a percentage of the EBITDA Target for Fiscal Year 2008, equals or exceeds 33%, the Executive shall be paid a Bonus in Fiscal Year 2011 equal to one and one half (1.5) times his Base Salary for Fiscal Year 2008.
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
SECOND PERFORMANCE PERIOD. The Second Performance Period shall be the three Fiscal Year period immediately following the Initial Performance Period. Restricted Shares shall be forfeited after the Second Performance Period in accordance with the following schedule: RONA Forfeiture Percentage of (as defined in Section 5(c)) Restricted Shares initially during Second Performance Period granted hereunder ----------------------------------- ----------------------------- 25.00% or less 100.00% 26.00% 90.00% 27.00% 80.00% 28.00% 70.00% 29.00% 60.00% 30.00% 50.00% 31.00% 40.00% 32.00% 30.00% 33.00% 20.00% 34.00% 10.00% 35.00% or more 0.00% In no event, however, shall the number of Restricted Shares forfeited after the Second Performance Period exceed the total number of Restricted Shares initially granted hereunder less the number of Restricted Shares upon which restrictions lapsed after the Initial Performance Period in accordance with Section 5(a) of this Agreement. Restrictions shall lapse on all Restricted Shares not so forfeited.
Sample 1
SECOND PERFORMANCE PERIOD. Equityholders shall be entitled to that portion of the Second Tranche corresponding to the amount of Immunetrics Revenue (with the addition of any Rollover Amount) recognized during the Second Performance Period, as set forth on Schedule 2 (the “Second Earnout Payment”). For the avoidance of doubt, if Immunetrics Revenue is less than Seven Million Dollars ($7,000,000) during the Second Performance Period (with the addition of any Rollover Amount), the Equityholders shall not be entitled to any portion of the Second Tranche and if Immunetrics Revenue
Sample 1
SECOND PERFORMANCE PERIOD. The Second Performance Period shall be the three Fiscal Year period immediately following the Initial Performance Period. At the end of the Second Performance Period, restrictions shall lapse on the total number of Restricted Shares initially granted hereunder less the number of Restricted Shares upon which restrictions lapsed after the Initial Performance Period in accordance with Section 5(a) of this Agreement.
Sample 1
SECOND PERFORMANCE PERIOD. Subject to the terms and conditions of this Notice, the PRSUs covered by this Notice shall Vest, to the extent such PRSUs are not already Vested or forfeited, based on the extent to which the performance goals described in the Statement of Performance Goals for these PRSUs for the period commencing on April 21, 2021 and ending on June 5, 2023 (the “2021-2023 Performance Goals,” and, together with the 2018-2021 Performance Goals, the “Performance Goals”) are achieved, as determined and certified by the Committee from time to time in its sole discretion (the period from April 21, 2021 until June 5, 2023, the “Second Performance Period,” and, together with the First Performance Period, the “Performance Periods”).
Sample 1
SECOND PERFORMANCE PERIOD. The number of Earned Units for the Second Performance Period, if any, will be equal to the product of (i) one-third of the Target Number of Units (rounded to the nearest whole number) and (ii) the Performance Multiplier for the Second Performance Period, provided that the maximum number of Earned Units for the Second Performance Period may not exceed [___]% of one-third of the Target Number of Units.
Sample 1
SECOND PERFORMANCE PERIOD. A number of Shares equal to 25% of the Target Shares will be deemed Earned Shares upon the second anniversary of the Grant Date provided that Company has achieved an Adjusted Cash Earnings Per Share of $[___] for the period from [____________] [___], [___] to [____________] [___], [___] [one year] (the “Second Performance Period”). One-half (1/2) of such Earned Shares will become Paid Shares and will be paid as soon as practicable following the determination of performance results for the Second Performance Period but in all events in the calendar year following the Second Performance Period. One-half (1/2) of such Earned Shares will become Claw-Back Shares. In the event that the performance criterion for the Second Performance Period is not met, the Target Shares for the Second Performance Period will become Carry-Over Shares.
Sample 1
AutoNDA by SimpleDocs

Related to SECOND PERFORMANCE PERIOD

  • Continued Performance The Contractor and Contractor Parties shall continue to Perform their obligations under the Contract while any dispute concerning the Contract is being resolved.

  • Payment and Performance Bond Prior to the execution of this Contract, City may require Contractor to post a payment and performance bond (Bond). The Bond shall guarantee Contractor’s faithful performance of this Contract and assure payment to contractors, subcontractors, and to persons furnishing goods and/or services under this Contract.

  • Portfolio Expense and Performance Data The Trust 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 Trust 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 10 calendar days after the close of each Portfolio’s fiscal year: (a) The gross “Annual Portfolio Company Expenses” for each Portfolio calculated in accordance with Item 3 of Form N-1A, before any expense reimbursements or fee waiver arrangements (and in accordance with (i) Instruction 16 to Item 4 of Form N-4, and (ii) Instruction 4(a) to Item 4 of Form N-6); (b) The net “Annual Portfolio Company Expenses” (aka “Total Annual Fund Operating Expenses”) for each Portfolio calculated in accordance with Item 3 of Form N-1A, that include any expense reimbursements or fee waiver arrangements (and in accordance with (i) Instruction 17 to Item 4 of Form N-4, (ii) Instruction 4 to Item 17 of Form N-4, (iii) Instruction 4(b) to Item 4 of Form N-6, and (iv) Instruction 4 to Item 18 of Form N-6), and the period for which the expense reimbursements or fee waiver arrangement is expected to continue and whether it can be terminated by the Portfolio (or Fund); and (c) The “Average Annual Total Returns” for each Portfolio (before taxes) as calculated pursuant to Item 4(b)(2)(iii) of Form N-1A (for the 1, 5, and 10 year periods, and in accordance with (i) Instruction 7 to Item 17 of Form N-4, and (ii) Instruction 7 to Item 18 of Form N-6).

  • Payment and Performance Bonds A payment bond and performance is required for a public works contract involving expenditure in excess of twenty-five thousand dollars ($25,000) and no work can be commenced prior to both bonds being approved the County. The Contractor shall furnish, at time of signing the Contract, one surety bond which shall protect the laborers and material men and shall be for $60,000, in accordance with Section 9554 of the Civil Code, and one surety bond in the amount of $60,000, guaranteeing the faithful performance of the Contract. If at any time the value of the total task orders is expected to exceed $60,000, the Contractor shall furnish, in a manner acceptable to the County, evidence that the Contractor is bonded to the expected total value of outstanding task orders for both the faithful performance and laborers and material men bonds. Contractor shall not be entitled to, nor shall County authorize, task orders when the total outstanding value of the task orders under this contract exceeds the bond values for which the County is an obligee. Said bonds to be approved by the office of the County Counsel and the County Executive Office of Orange County. Such bonds shall be the forms provided in these specifications and issued and executed by an admitted surety insurer (authorized to transact surety insurance in California). (e.g., if the bonds are issued through a surplus line broker, both the surplus line broker and the insurer with whom he is doing business for purposes of this project must be licensed in California to issue such bonds.) The faithful performance bond shall be issued by a Surety company with a minimum insurance rating of A- (Secure Best’s Rating) and VIII (Financial Size Category) as determined by the most current edition of the Best’s Key Rating Guide/Property-Casualty/United States or xxxxxx.xxx. The Surety Company must also be authorized to write in California by the Department of the Treasury, and must be listed on the most current edition of the Department of Treasury’s Listing of Approved Securities. If any surety upon any bond furnished in connection with this Contract becomes unacceptable to the County, or if any such surety fails to furnish reports as to his financial condition from time to time as requested by OC Public Works, the Contractor shall promptly furnish such additional security as may be required by OC Public Works or the Board of Supervisors from time to time to protect the interests of the County and of persons supplying labor or materials in the prosecution of the Work contemplated by this Contract. If the County increases the total Contract amount the Contractor is to provide a new bond for the new total Contract amount or a bond for the difference.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of: 6.1.1 any failure or delay by the Customer to perform any of the Customer’s obligations under this Agreement; 6.1.2 any act or omission other than on the part of a BT Affiliate or a subcontractor or supplier appointed by it unless that BT Affiliate, subcontractor or supplier has invoked their force majeure rights under their contract with BT; or 6.1.3 Applicable Law, a court order, an application for interlocutory relief or injunction restricting or preventing BT from supplying a Service.

  • 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.

  • Continuing Performance (a) The obligations under this Agreement continue until satisfied in full and do not merge with any action performed or document executed by any Party for the purposes of performance of this Agreement. (b) Any representation in this Agreement survives the execution of any document for the purposes of, and continues after, performance of this Agreement. (c) Any indemnity given by any Party under this Agreement: (i) constitutes a liability of that Party separate and independent from any other liability of that Party under this Agreement or any other agreement; and (ii) survives and continues after performance of this Agreement.

  • Payment and Performance Borrower will pay all amounts due under the Loan Documents in accordance with the terms thereof and will observe, perform and comply with every covenant, term and condition expressed or implied in the Loan Documents. Borrower will cause each other Restricted Person to observe, perform and comply with every such term, covenant and condition.

  • Past Performance The Government will evaluate the contractor's performance on the NETCENTS-2 Orders provided in Exhibit B, CDRL B001. The PCO will determine the quality of the work performed based on an integrated assessment of data obtained in the Contractor Performance Assessment Reporting Systems (CPARS) and information obtained from Defense Contract Management Agency (DCMA) channels, interviews with customers, program managers and/or contracting officers for NETCENTS-2 task orders. Based on the contractor performance records above, the PCO will determine if there is an expectation that the contractor will successfully perform the required efforts under the unrestricted NetOps and Infrastructure Solutions contract.

  • 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.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!