Common use of First Tranche Clause in Contracts

First Tranche. Up to fifty percent (50%) of the Shares subject to the RSA will (except as otherwise provided in paragraph (c) below) vest and be earned if (A) the Executive is employed by the Company on June 30, 2010 and has been an employee continuously since the grant date and (B) operating income (as defined below) for the Company for the fiscal year ended June 30, 2010 equals or exceeds $51,000,000.00. If both the continued service condition described in (a)(i)(A) and the performance condition described in (a)(i)(B) are not met, then none of the Shares subject to the first tranche will vest; that is, both conditions must be met in order for any of such Shares to vest.

First Tranche. Up to fifty percent (50%) of the Shares subject to the RSA will (except as otherwise provided in paragraph (c) below) vest and be earned if (A) the Executive is employed by the Company on June 30, 2010 2011 and has been an employee continuously since the grant date and (B) operating income (as defined below) for the Company for the fiscal year ended June 30, 2010 2011 equals or exceeds $51,000,000.0067,000,000.00. If both the continued service condition described in (a)(i)(A) and the performance condition described in (a)(i)(B) are not met, then none of the Shares subject to the first tranche will vest; that is, both conditions must be met in order for any of such Shares to vest.