Common use of Vested Performance Shares Clause in Contracts

Vested Performance Shares. Except as provided in the Agreement and provided that the Participant’s Service has not terminated prior to the relevant vesting date, the vesting of the Performance Shares shall be as follows: On the Initial Vesting Date, the applicable number of Performance Shares set forth in column 2 of the table below shall become Vested Performance Shares to the extent of the attainment of the Performance Milestone set forth in column 1 of the table, and the applicable the number of Performance Shares set forth in column 3 of the table shall be forfeited on the Initial Vesting Date. In addition, on and after the Initial Vesting Date, 1/24 of the applicable number of Performance Shares set forth in column 4 of the table below, to the extent of the attainment of the Performance Milestone set forth in column 1 of the table, shall become Vested Performance Shares for each full month of the Participant’s Service completed during the 24 month period commencing on January 28, 2010.