Common use of Section 162(m) Performance Objectives Clause in Contracts

Section 162(m) Performance Objectives. For purposes of qualifying grants of Performance Units or Shares as “performance-based compensation” under section 162(m) of the Code, the Committee, in its discretion, may determine that the performance objectives applicable to Performance Units or Shares shall be based on the achievement of Performance Goals. The Performance Goals shall be set by the Committee on or before the latest date permissible to enable the Performance Units or Shares to qualify as “performance-based compensation” under section 162(m) of the Code. In granting Performance Units or Shares which are intended to qualify under section 162(m) of the Code, the Committee shall follow any procedures determined by it from time to time to be necessary or appropriate to ensure qualification of the Performance Units or Shares under section 162(m) of the Code (e.g., in determining the Performance Goals).

Appears in 10 contracts

Samples: Varex Imaging Corp, Varex Imaging Corp, Award Agreement (Varian Semiconductor Equipment Associates Inc)

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Section 162(m) Performance Objectives. For purposes of qualifying grants of Performance Units or Shares as “performance-based compensation” under section Section 162(m) of the Code, the Committee, in its discretion, may determine that the performance objectives applicable to Performance Units or Shares shall be based on the achievement of Performance Goals. The Performance Goals shall be set by the Committee on or before the latest date permissible to enable the Performance Units or Shares to qualify as “performance-based compensation” under section Section 162(m) of the Code. In granting Performance Units or Shares which that are intended to qualify under section Section 162(m) of the Code, the Committee shall follow any procedures determined by it from time to time to be necessary or appropriate to ensure qualification of the Performance Units or Shares under section Section 162(m) of the Code (e.g., in determining the Performance Goals).

Appears in 7 contracts

Samples: Award Agreement (Polycom Inc), Award Agreement (Polycom Inc), 2004 Equity Incentive Plan (Pixar \Ca\)

Section 162(m) Performance Objectives. For purposes of qualifying grants of Performance Units or Shares as “performance-based compensation” under section Section 162(m) of the Code, the Committee, in its discretion, may determine that the performance objectives applicable to Performance Units or Shares shall be based on the achievement of Performance Goals. The Performance Goals shall be set by the Committee on or before the latest date permissible to enable the Performance Units or Shares to qualify as “performance-based compensation” under section Section 162(m) of the Code. In granting Performance Units or Shares which that are intended to qualify under section Section 162(m) of the Code, the Committee shall follow any procedures determined by it from time to time to be necessary or appropriate to ensure qualification of the Performance Units or Shares under section Section 162(m) of the Code (e.g., in determining the Performance Goals).

Appears in 7 contracts

Samples: Award Agreement (Polycom Inc), 2004 Equity Incentive Plan (Pixar \Ca\), Award Agreement (Polycom Inc)

Section 162(m) Performance Objectives. For purposes of qualifying grants of Performance Restricted Stock Units or Shares as “performance-based compensation” under section Section 162(m) of the Code, the Committee, in its discretion, Committee may determine that the performance objectives applicable to Performance Restricted Stock Units or Shares shall be based on the achievement of Performance Goals. The Performance Goals shall be set by the Committee on or before the latest date permissible to enable the Performance Restricted Stock Units or Shares to qualify as “performance-based compensation” under section Section 162(m) of the Code. In granting Performance Restricted Stock Units or Shares which that are intended to qualify under section Section 162(m) of the Code, the Committee shall follow any procedures determined by it from time to time to be necessary or appropriate to ensure qualification of the Performance Restricted Stock Units or Shares under section Section 162(m) of the Code (e.g., in determining the Performance Goals).

Appears in 5 contracts

Samples: Tibco Software Inc, Tibco Software Inc, Tibco Software Inc

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Section 162(m) Performance Objectives. For purposes of qualifying grants of Performance Units or Units/Shares as “performance-based compensation” under section Section 162(m) of the Code, the Committee, in its discretion, may determine that the performance objectives applicable to Performance Units or Units/Shares shall be based on the achievement of Performance Goals. The Performance Goals shall be set by the Committee on or before the latest date permissible to enable the Performance Units or Units/Shares to qualify as “performance-based compensation” under section Section 162(m) of the Code. In granting Performance Units or Units/Shares which are intended to qualify under section Section 162(m) of the Code, the Committee shall follow any procedures determined by it from time to time to be necessary or appropriate to ensure qualification of the Performance Units or Units/Shares under section Section 162(m) of the Code (e.g., in determining the Performance Goals).

Appears in 3 contracts

Samples: Award Agreement (Edwards J D & Co), Award Agreement (Palmsource Inc), Palmsource Inc

Section 162(m) Performance Objectives. For purposes of qualifying grants of Performance Units or Units/Shares as “performance-based compensation” under section Section 162(m) of the Code, the Committee, in its discretion, may determine that the performance objectives applicable to Performance Units or Units/Shares shall will be based on the achievement of Performance Goals. The Performance Goals shall will be set by the Committee on or before the latest date permissible to enable the Performance Units or Units/Shares to qualify as “performance-based compensation” under section Section 162(m) of the Code. In granting Performance Units or Units/Shares which are intended to qualify under section Section 162(m) of the Code, the Committee shall will follow any procedures determined by it from time to time to be necessary or appropriate to ensure qualification of the Performance Units or Units/Shares under section Section 162(m) of the Code (e.g., in determining the Performance Goals).

Appears in 1 contract

Samples: Award Agreement (Sumtotal Systems Inc)

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