Common use of Settlement of Performance Units Clause in Contracts

Settlement of Performance Units. As soon as practicable after the end of the Measurement Period, but in all events not later than March 15 of the year following the end of the Measurement Period, the Committee shall determine and certify the extent to which the performance objectives described herein have been achieved and the number of Performance Units that have become Vested (which may be greater than 100% of the Target Performance Units but in no event shall be greater than 200% of the Target Performance Units). As soon as practicable after the Committee’s certification in accordance with the preceding sentence, but in all events no later than March 15 of the year following the end of the Measurement Period, the Company shall issue to the Participant, in the Company’s sole discretion, either (a) Common Shares in a number equal to the number of Performance Units that the Committee certified have become Vested or (b) a single sum cash payment equal to the Fair Market Value of the number of Common Shares described in clause (a) of this sentence.

Settlement of Performance Units. As soon as practicable after the end of the Measurement Period, but in all events not no later than March 15 of the year following the end of the Measurement Period, the Committee shall determine and certify the extent to which the performance objectives described herein have been achieved and the number of Performance Units that have become Vested (which may be greater than 100% of the Target Performance Units but in no event shall be greater than 200% of the Target Performance Units). As soon as practicable after the Committee’s certification in accordance with the preceding sentence, but in all events no later than March 15 of the year following the end of the Measurement Period, the Company shall issue Common Shares to the Participant, in the Company’s sole discretion, either (a) Common Shares Participant in a number equal to the number of Performance Units that the Committee certified have become Vested or (b) Vested; provided, however, that only whole Common Shares shall be issued and a single sum cash payment equal shall be issued in settlement of any fractional Common Share that the Participant is otherwise entitled to the Fair Market Value of the number of Common Shares described in clause (a) of this sentencereceive.