Eligible Units Sample Clauses

Eligible Units. As of the Cut-Off Date, each Unit included in the Transaction SUBI Portfolio was an Eligible Unit (as described below in Representations (i) through (xix)). Lease Data tape Title documents

Eligible Units. As of the Cut-Off Date, each Unit included in the Transaction SUBI Portfolio was an Eligible Unit (as described below in Representations (i) through (xix). Lease Data tape Title documents (i) Confirm that the test questions for Representations (i) through (xxi) below are confirmed. (ii) If step (i) is confirmed, this will be a Test Pass.

Eligible Units. The number of Eligible Units for the Adjusted Performance Period, if any (not to exceed the Maximum Number of Units), shall equal the product of (i) the Target Number of Units and (ii) the Revenue Growth Factor for the Adjusted Performance Period, taking into account the following modifications to the Performance Criteria and the Revenue Growth Factor for the Adjusted Performance Period: (i) The Revenue Growth for the Adjusted Performance Period (the “Adjusted Revenue Growth”) shall be determined by comparison of the Revenue for the full fiscal quarters of the Adjusted Performance Period, if any, completed on or before the consummation of the Change in Control (the “Adjusted Performance Period Revenue”) to the same full fiscal quarters contained in the Base Year (the “Adjusted Base Year Revenue”). Accordingly, the Adjusted Revenue Growth shall mean a percentage (rounded to the nearest 1/100th of 1%) determined by the quotient of (a) the excess, if any, of the Adjusted Performance Period Revenue over the Adjusted Base Year Revenue divided by (ii) the Adjusted Base Year Revenue. Adjusted Revenue Growth of less than 5% or more than 15% shall not be taken into account for purposes of determining the Revenue Growth Factor for Adjusted Performance Period. (ii) The Revenue Growth Factor for the Adjusted Performance Period shall be determined with respect to the Adjusted Revenue Growth. (iii) For the avoidance of doubt, if the Change in Control is completed before the completion of at least one full fiscal quarter during the Adjusted Performance Period, the number of Eligible Units shall be zero.

Eligible Units. The PJ must establish occupancy standards that will be used to determine the unit size (i.e., number of bedrooms) that TBRA families of various sizes and composition will be permitted to occupy. The PJ's standards for occupancy must be at least as stringent as those set out in the Section 8 Housing Quality Standards (HQS). At the time that it is approved for TBRA, the family should be counseled regarding the size of the unit for which it is approved, whether it will be permitted to select a unit that is larger or smaller than the approved unit size and what the consequences of such a decision will be with respect to the family's monthly contribution toward rent. The PJ may refer the TBRA family to suitable units. However, the PJ must inform the family that it is not obligated to select a referral unit. Rental units are selected by the tenant, and: o may be owned by the PJ, a PHA or another public entity or be privately owned housing; o may include units developed or rehabilitated with HOME assistance; o may be transitional housing units, if the lease terms meet the minimum lease requirements; o must not be units receiving public or Indian housing assistance, any Section 8 rent subsidies, or any other Federal, State or local subsidy that provides a duplicative subsidy to the HOME TBRA recipient or the unit which they propose to rent; and o if part of a cooperative, must be rented from the owner of the cooperative unit. HOME TBRA cannot be used to pay cooperative shares if the cooperative membership is considered ownership under HOME. In conjunction with the annual reexamination of income, the PJ must reexamine the TBRA family's size and composition to determine whether its circumstances have changed. Depending upon the occupancy requirements established by the PJ, a family whose size or composition has changed may be required to find a unit that is suitable to its current circumstances. Housing occupied by a family receiving TBRA must meet Section 8 HQS. The housing must meet both the performance and acceptability requirements outlined at 24 CFR 982.401. PJs may request waivers to permit specific variations on HQS. Examples that may justify deviations include local climatic or geological conditions or local codes. The PJ must inspect units selected by families receiving TBRA to determine whether they meet HQS before authorizing their initial rental and, thereafter, must inspect the units annually. The owner must maintain the premises in compliance with all ...

Eligible Units. The number of Eligible Units, if any (not to exceed the Maximum Number of Units) for the Performance Period, is determined following completion of the Performance Period and shall equal the product of (i) the Target Number of Units and (ii) the Revenue Growth Factor determined for the Performance Period, as illustrated by Appendix A.

Eligible Units. As of the Cut-Off Date, such Unit was an Eligible Unit.

Eligible Units. Except as otherwise set forth in Section 7 below, if the Participant is continuously employed by Omnicare or a Subsidiary from the date hereof through the Payment Date (as defined below), the Participant shall be paid a number of shares of Common Stock (the “Earned Shares”) equal to a percentage of the number of Target Shares determined based on Omnicare’s achievement of the performance criteria set forth on Exhibit A attached hereto (the “Performance Criteria”) for the applicable performance period set forth on Exhibit A attached hereto (the “Performance Period”)[, subject to any discretionary adjustment made by the Committee if permitted by, and in accordance with, Exhibit A hereto (a “Discretionary Adjustment”). In no event shall (i) any Discretionary Adjustment exceed % of the number of Earned Shares (prior to giving effect to such Discretionary Adjustment) or (ii) the number of Earned Shares exceed % of the number of Target Shares].

Eligible Units. Except as set forth in Section 4 below, provided the Participant is continuously employed by Omnicare or a Subsidiary from the date hereof through the applicable payment dates, the Participant shall be paid a number of Shares (the “Earned Shares”) based upon the following: (a) First Performance Period. A number of Shares equal to 25% of the Target Shares will be deemed Earned Shares upon the first anniversary of the Grant Date provided that Company has achieved an Adjusted Cash Earnings Per Share of $[___] for the period from [____________] [___], [___] to [____________] [___], [___] [one year] (the “First Performance Period”). One-half (1/2) of such Earned Shares will be paid as soon as practicable following the determination of the performance results for the First Performance Period but in all events in the calendar year following the First Performance Period (such Shares and any Shares paid following the Second and Third Performance Periods (as defined below) are hereinafter referred to as the “Paid Shares”). One-half (1/2) of such Earned Shares will be payable on the Final Payment Date (as defined below) to the extent such Shares are not clawed back in accordance with Section 2.1(e) below (such Shares and any Shares subject to the claw-back in Section 2.1(e) in the Second and Third Performance Periods (as defined below) are hereinafter referred to as the “Claw-Back Shares”). In the event that the performance criterion for the First Performance Period is not met, the Target Shares for the First Performance Period will be carried over to the end of the Cumulative Performance Period and may be earned in accordance with Section 2.1(d) below (such Shares, along with any Shares that carry-over from the Second and Third Performance Periods are hereinafter referred to as the “Carry-Over Shares”).

Eligible Units. Except as set forth in Section 4 below, provided the Participant is continuously employed by Omnicare or a Subsidiary from the date hereof through the Payment Date (as defined below), the Participant shall be paid a number of shares of Common Stock (the “Earned Shares”) equal to a percentage of the number of Target Shares based on (a) Omnicare’s achievement of the Earnings Per Share (EPS) performance criteria set forth on Exhibit A hereto, and (b) any discretionary adjustments made by the Committee. The initial determination of Earned Shares is dependent upon Omnicare’s compound annual EPS growth rate (CAGR) for the period of January 1, [___] to December 31, [___] [three years] (the “Performance Period”), with minimum, target and maximum performance levels. The initial determination of Earned Shares ranges from [___]% to [___]% of the Target Shares based on EPS performance. No Target Shares will be earned if EPS is below the minimum level. As soon as practicable following the end of the Performance Period, the Committee shall, in its sole discretion, determine the EPS, the number of Earned Shares based solely on EPS as set forth in Exhibit A, and whether to increase or decrease such number of shares by as much as [ ]% (the date of determination, the “Determination Date”). The Committee may consider total shareholder return, cash flow, customer retention, operational efficiency and any other aspects of Company and individual performance in determining whether or not the number of Earned Shares based solely on EPS should be modified upward or downward. However, the Committee cannot reduce or increase the number Earned Shares based solely on EPS by more than [___]%. The Earned Shares shall be paid as soon as practicable following the Determination Date, but no later than March 15, [___] (the date of payment, the “Payment Date”).