Determined Percentage definition
Examples of Determined Percentage in a sentence
During the term hereof, in addition to the Salary set forth above, the Company shall pay to the Executive a sales commission (the "Sales Override") equal to the Determined Percentage (as defined in this Section 4) of Gross Receipts (as defined in this Section 4) of the Company.
For the purpose of this Section 4, the term "Determined Percentage" shall mean the percentage of sales commissions available under the Company's commission structure which the Executive has not granted to the salespersons and which are retained by the Executive for the purpose of the Executive earning the Sales Override.
If Employee incurs a “Disability” (as defined in Treasury Regulation Section 1.409A-3(i)(4) that also meets the definition of “disability” under the Company’s long-term disability plan), or Employee’s employment terminates due to Employee’s death, this Performance Award shall vest on the earliest of such events at the greater of the Determined Percentage and the percentage attributable to the “target” levels of performance as set forth in the Notice.
For outside sales (which include sales made solely by entities other than the Company), the Company will allocate a commission of up to sixteen percent (16%) of Gross Receipts, from which the Executive's Determined Percentage shall be 1%.
For this purpose, the "Determined Percentage" means the percentage of vesting that would have occurred respecting the Performance Award pursuant to the Notice as if the last day of the Performance Period was the Determination Date and the Performance Objectives were measured as of such date.
Notwithstanding the foregoing, if the vesting event is as a result of (ii) or (iii) above, the Determined Percentage shall be multiplied by a fraction, the numerator of which is equal to the number of Employee’s actual days of employment from the Grant Date to the date of Disability or death, as applicable, and the denominator of which is equal to the total number of days in the Performance Period.
Notwithstanding the foregoing, if the vesting event is as a result of (ii) or (iii) above, the Determined Percentage shall be multiplied by a fraction, the numerator of which is equal to the number of Employee’s actual days of employment from the Grant Date to Disability or death, as applicable, and the denominator of which is equal to the total number of days in the period between the Grant Date and the third anniversary thereof.
For this purpose, the "Determined Percentage" means the percentage of vesting that would have occurred respecting the Performance Award pursuant to the Notice as if the last day of the Performance Period was the Determination Date (as defined below) and the Performance Objectives were measured as of such date.