Common use of Performance-Based Accelerated Vesting Clause in Contracts

Performance-Based Accelerated Vesting. This option shall vest prior to the Vesting Date if and when holders of the Company’s Class A Preferred Units (the "Preferred Unit Investors") achieve a minimum return equal to four (4) times the the aggregate purchase price paid by the Preferred Unit Investors for both their Class A Preferred Units and their Common Units (the "Minimum Return Threshold"). The Class A Preferred Units and the Common Units purchased by the Preferred Unit Investors are referred to herein as the "Investment Units." The Preferred Unit Investors will have achieved the Minimum Return Threshold if one or all of the following events occurs: (1) The total cumulative value of all distributions to the Preferred Unit Investors on the Investment Units made pursuant to Section 4.1 of the Company’s Limited Liability Company Agreement dated as of September 29, 2000, as amended (the "LLC Agreement"), whether made in cash or in additional units, equals the Minimum Return Threshold; or (2) The total consideration received by the Preferred Unit Investors in a sale or exchange of the Investment Units (including, without limitation, distributions made pursuant to Section 4.1(e) of the LLC Agreement as a result of such sale or exchange) equals the Minimum Return Threshold; or (3) The sum of (A) the aggregate consideration received by the Preferred Units Investors pursuant to a mandatory redemption of the Class A Preferred Units following a Public Offering (as that term is defined in the LLC Agreement) plus (B) the average closing price of the Company’s Common Units (or equivalent thereof) over a period of twenty (20) consecutive trading days following a Public Offering multiplied by the aggregate number of Common Units held by the Preferred Unit Investors, equals the Minimum Return Threshold; or (4) The combined value of the distributions described in item (1) plus the consideration described in item (2) and/or item (3) equals the Minimum Return Threshold.