Common use of Number of RTSR PSUs Earned Clause in Contracts

Number of RTSR PSUs Earned. Following the Performance Period, on the Committee Determination Date, the Committee shall determine whether and to what extent the RTSR goal has been satisfied for the Performance Period and shall determine the number of RTSR PSUs that shall become vested hereunder and under the Agreement on the basis of the table set forth in Section 4. Notwithstanding anything herein to the contrary, (i) if a member of the Peer Group files for bankruptcy and/or liquidation, is operating under bankruptcy protection, or is delisted from its primary stock exchange because it fails to meet the exchange listing requirement, then such entity will be removed from the Peer Group; (ii) if, as of the last date of the Performance Period, a member of the Peer Group no longer exists as a business entity for any reason other than under subsection (iii) below, then such entity will be removed from the Peer Group; and (iii) for purposes of this Statement of Performance Metrics, for each of the members of the Peer Group, such entity shall be deemed to include any successor to all or substantially all of the primary business of such entity, whether or not the same legal entity, at end of the Performance Period. Further, the Committee may in its discretion modify the Peer Group during the Performance Period, as the Committee deems appropriate and equitable, by adding members to, or removing members from, the Peer Group. To the extent an entity is removed from or added to the Peer Group as described in the foregoing paragraph, the number of RTSR PSUs that shall become vested hereunder and under the Agreement will be determined on the basis of the Peer Group as constituted after such modification. By way of example, the RTSR Performance Matrix will be modified as follows in the event that the Peer Group has 9 or 11 members, as applicable.

Number of RTSR PSUs Earned. Following the each Performance Period, on the applicable Committee Determination Date, the Committee shall determine whether and to what extent the RTSR goal has been satisfied for the such Performance Period and shall determine the number of RTSR PSUs from the applicable Tranche that shall become vested hereunder and under the Agreement on the basis of the table set forth in Section 4. Notwithstanding anything herein to the contrary, (i) if a member of the Peer Group files for bankruptcy and/or liquidation, is operating under bankruptcy protection, or is delisted from its primary stock exchange because it fails to meet the exchange listing requirement, then such entity will be removed from the Peer Group; (ii) if, as of the last date of the a Performance Period, a member of the Peer Group no longer exists as a business entity for any reason other than under subsection (iii) below, then such entity will be removed from the Peer Group; and (iii) for purposes of this Statement of Performance Metrics, for each of the members of the Peer Group, such entity shall be deemed to include any successor to all or substantially all of the primary business of such entity, whether or not the same legal entity, at end of the applicable Performance Period. Further, the Committee may in its discretion modify the Peer Group during the a Performance Period, as the Committee deems appropriate and equitable, by adding members to, or removing members from, the Peer Group. To the extent an entity is removed from or added to the Peer Group as described in the foregoing paragraph, the number of RTSR PSUs that shall become vested hereunder and under the Agreement will be determined on the basis of the Peer Group as constituted after such modification. By way of example, the RTSR Performance Matrix will be modified as follows in the event that the Peer Group has 9 or 11 members, as applicable.