Common use of Comparison Group Clause in Contracts

Comparison Group. If, during the Performance Period, one or more companies in the Comparison Group merges, engages in a spin-off or otherwise experiences a material change in its business activities or it or one of its primary businesses shall terminate or cease due to receivership, bankruptcy, sale, or otherwise, then the Committee shall eliminate such company from the Comparison Group or make other adjustments to the Comparison Group, such as adding an acquirer or a new company to the Comparison Group, to the extent necessary to prevent the enlargement or diminution of the rights of Participants, with any such changes having effect for purposes of all calculations hereunder. In any of these events, the approach to determining percentiles shall also be equitably adjusted by the Committee, to the extent necessary to prevent the enlargement or diminution of the rights of Participants.