Common use of Performance Goals Clause in Contracts

Performance Goals. 4.1 The number of PSUs earned by the Grantee for a Performance Period will be determined at the end of the Performance Period based on the level of achievement of the Performance Goals in accordance with Exhibit A hereto. All determinations of whether Performance Goals have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 4 shall be made by the Committee in its sole discretion. 4.2 Promptly following completion of a Performance Period (and no later than thirty (30) days following the end of such Performance Period), the Committee will review and certify in writing (a) whether, and to what extent, the Performance Goals for the Performance Period have been achieved, and (b) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 5. Such certification shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.

Appears in 4 contracts

Sources: Performance Share Unit Agreement (Audioeye Inc), Performance Share Unit Agreement (Audioeye Inc), Performance Share Unit Agreement (Audioeye Inc)

Performance Goals. 4.1 A. The number of PSUs Shares of Performance-Based Restricted Stock earned by the Grantee for a the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the Performance Goals in accordance with Exhibit A hereto. A. All determinations of whether Performance Goals have been achieved, the number of PSUs Shares earned by the Grantee, and all other matters related to this Section 4 5 shall be made by the Committee in its sole discretion. 4.2 B. Promptly following completion of a the Performance Period (and no later than thirty forty-five (3045) days following the end of such the Performance Period), the Committee will review and certify in writing (a) whether, and to what extent, the Performance Goals for the Performance Period have been achieved, and (b) the number of PSUs Shares that the Grantee shall earn, if any, subject to compliance with the requirements of Section 56. Such certification shall be final, conclusive conclusive, and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.

Appears in 4 contracts

Sources: Performance Based Restricted Stock Award Agreement (Mercantile Bank Corp), Performance Based Restricted Stock Award Agreement (Mercantile Bank Corp), Performance Based Restricted Stock Award Agreement (Mercantile Bank Corp)

Performance Goals. 4.1 (a) The number of PSUs earned by the Grantee for a the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the Performance Goals performance goals described on and determined in accordance with the attached Exhibit A hereto. A. All determinations of whether Performance Goals and the extent to which the performance goals have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 4 3 shall be made by the Committee in its sole discretion. 4.2 (b) Promptly following completion of a the Performance Period (and no later than thirty (30) 60 days following the end of such the Performance Period), the Committee will review and certify in writing (a1) whether, and to what extent, the Performance Goals performance goals for the Performance Period have been achieved, and (b2) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 54. Such certification shall be final, conclusive conclusive, and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.

Appears in 4 contracts

Sources: Performance Share Unit Agreement (Shyft Group, Inc.), Performance Share Unit Agreement (Shyft Group, Inc.), Performance Share Unit Agreement (Shyft Group, Inc.)

Performance Goals. 4.1 The (a) Subject to the terms of this Agreement, the number of PSUs earned by the Grantee for a the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the Performance Goals set forth in accordance with Exhibit A hereto. A. All determinations of whether the Performance Goals have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 4 2 shall be made by the Committee in its sole discretion. 4.2 (b) Promptly following the completion of a the Performance Period (and no later than thirty (30) days following the end of such Performance Period“Certification Date”), the Committee will review and certify certify, in writing writing, (ai) whether, and to what extent, the Performance Goals for the Performance Period have been achieved, and (bii) the number of PSUs that the Grantee shall earnhas earned, if any, subject to compliance with the requirements of Section 53. Such certification shall be final, conclusive and binding on the Grantee, and on all other interested persons, to the maximum extent permitted by law.

Appears in 2 contracts

Sources: Performance Share Unit Agreement (Two Harbors Investment Corp.), Performance Share Unit Agreement (Two Harbors Investment Corp.)

Performance Goals. 4.1 3.1 The number of PSUs earned by the Grantee for a the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the Performance Goals Goal(s) in accordance with Exhibit A hereto. I. All determinations of whether Performance Goals Goal(s) have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 4 3 shall be made by the Committee in its sole discretion. 4.2 3.2 Promptly following completion of a the Performance Period (and no later than [thirty (30) )] days following the end of such the Performance Period), the Committee will review and certify in writing (a) whether, and to what extent, the Performance Goals Goal(s) for the Performance Period have been achieved, and (b) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 54. Such certification shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.

Appears in 1 contract

Sources: Performance Share Unit Agreement (Usana Health Sciences Inc)

Performance Goals. 4.1 (a) The number of PSUs earned by the Grantee for a the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the Performance Goals in accordance with Exhibit A hereto. I. All determinations of whether Performance Goals have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 4 3 shall be made by the Committee independent compensation forum of the Board of Directors of the Company (the “Independent Compensation Forum”) in its sole discretion. 4.2 (b) Promptly following completion of a Performance Period (and no later than thirty (30) days following the end of such Performance Period), the Committee will review and certify in writing (ai) whether, and to what extent, the Performance Goals Goal(s) for the Performance Period have been achieved, and (bii) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 54 of this Agreement. Such certification shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.

Appears in 1 contract

Sources: Performance Stock Unit Award Agreement (Avangrid, Inc.)

Performance Goals. 4.1 3.1 The number of PSUs earned by the Grantee for a the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the Performance Goals Goal(s) in accordance with Exhibit A hereto. I. All determinations of whether Performance Goals Goal(s) have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 4 3 shall be made by the Committee in its sole discretion. 4.2 3.2 Promptly following completion of a the Performance Period (and no later than thirty (30) days within the calendar year following the end of such the Performance Period), the Committee will review and certify in writing (a) whether, and to what extent, the Performance Goals Goal(s) for the Performance Period have been achieved, and (b) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 54. Such certification shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.

Appears in 1 contract

Sources: Performance Share Unit Agreement (HomeStreet, Inc.)

Performance Goals. 4.1 (a) The number of PSUs earned by the Grantee for a the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the Performance Goals performance goals described on and determined in accordance with the attached Exhibit A hereto. A. All determinations of whether Performance Goals and the extent to which the performance goals have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 4 3 shall be made by the Committee in its sole discretion. 4.2 (b) Promptly following completion of a the Performance Period (and no later than thirty (30) 60 days following the end of such the Performance Period), the Committee will review and certify in writing (ai) whether, and to what extent, the Performance Goals performance goals for the Performance Period have been achieved, and (bii) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 54. Such certification shall be final, conclusive conclusive, and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.

Appears in 1 contract

Sources: Performance Share Unit Agreement (Shyft Group, Inc.)

Performance Goals. 4.1 (a) The number of PSUs earned by the Grantee for a the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the Performance Goals Goal(s) in accordance with Exhibit A hereto. A. All determinations of whether Performance Goals Goal(s) have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 4 3 shall be made by the Committee in its sole discretion. 4.2 (b) Promptly following completion of a the Performance Period (and no later than thirty [__________ (30) ___)] days following the end of such the Performance Period), the Committee will review and certify in writing (a) whether, and to what extent, the Performance Goals Goal(s) for the Performance Period have been achieved, and (b) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 54. Such certification shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.

Appears in 1 contract

Sources: Performance Stock Unit Award Agreement (ZAGG Inc)

Performance Goals. 4.1 (a) The number of PSUs earned by the Grantee for a the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the Performance Goals performance goals described on and determined in accordance with the attached Exhibit A hereto. A. All determinations of whether Performance Goals and the extent to which the performance goals have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 4 3 shall be made by the Committee in its sole discretion. 4.2 (b) Promptly following completion of a the Performance Period (and no later than thirty (30) 60 days following the end of such the Performance Period), the Committee will review and certify in writing (a1) whether, and to what extent, the Performance Goals performance goals for the Performance Period have been achieved, and (b2) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 54. Such certification shall be final, conclusive conclusive, and binding on the Grantee, and on all other persons, to the maximum extent permitted by law. 1 The Target Award represents an X-Multiple of 1X. I.e., the number of shares actually issuable pursuant to this Agreement could be twice the Target Award.

Appears in 1 contract

Sources: Performance Share Unit Agreement (Spartan Motors Inc)

Performance Goals. 4.1 3.1 The number of PSUs earned by Participant for the Grantee for a Performance Period will be determined at the end of the Performance Period based on the level of achievement of the Performance Goals Goal[s] in accordance with Exhibit A hereto. A. All determinations of whether Performance Goals Goal[s] have been achieved, the number of PSUs earned by the GranteeParticipant, and all other matters related to this Section 4 3.1 shall be made by the Committee Administrator in its sole discretion. 4.2 3.2 Promptly following completion of a the Performance Period (and no later than [thirty (30) days days/[ALTERNATIVE PERIOD]] following the end of such the Performance Period), the Committee Administrator will review and certify in writing (a) whether, and to what extent, the Performance Goals for the Performance Period have been achieved, and (b) the number of PSUs that the Grantee Participant shall earn, if any, subject to compliance with the requirements of Agreement Section 54. Such The certification shall be final, conclusive and binding on the GranteeParticipant, and on all other persons, to the maximum extent permitted by law.

Appears in 1 contract

Sources: Performance Share Unit Award Agreement (Supernus Pharmaceuticals, Inc.)

Performance Goals. 4.1 3.1. The number of PSUs earned by Participant for the Grantee for a Performance Period will be determined at the end of the Performance Period based on the level of achievement of the Performance Goals Goal[s] in accordance with Exhibit A hereto. A. All determinations of whether the Performance Goals have Goal[s] has been achieved, the number of PSUs earned by the GranteeParticipant, and all other matters related to this Section 4 3.1 shall be made by the Committee Administrator in its sole discretion. 4.2 3.2. Promptly following completion of a the Performance Period (and no later than thirty sixty (3060) days following the end of such the Performance Period), the Committee Administrator will review and certify in writing (a) whether, and to what extent, the Performance Goals for the Performance Period have been achieved, and (b) the number of PSUs that the Grantee Participant shall earn, if any, subject to compliance with the requirements of Section 54 of this Agreement. Such The certification shall be final, conclusive conclusive, and binding on the GranteeParticipant, and on all other persons, to the maximum extent permitted by law.

Appears in 1 contract

Sources: Performance Share Unit Award Agreement (Supernus Pharmaceuticals, Inc.)

Performance Goals. 4.1 3.1 The number of PSUs earned by the Grantee for a the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the Performance Goals Goal(s) in accordance with Exhibit A hereto. I. All determinations of whether Performance Goals Goal(s) have been achieved, the number of PSUs earned by the Grantee, and all other matters related to this Section 4 3 shall be made by the Committee in its sole discretion. 4.2 3.2 Promptly following completion of a the Performance Period (and no later than thirty (30) days 2 1/2 months following the end of such the Performance Period), the Committee will review and certify in writing (a) whether, and to what extent, the Performance Goals Goal(s) for the Performance Period have been achieved, and (b) the number of PSUs that the Grantee shall earn, if any, subject to compliance with the requirements of Section 54. Such certification shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.

Appears in 1 contract

Sources: Performance Share Unit Agreement (HomeStreet, Inc.)

Performance Goals. 4.1 3.1 The number of PSUs RSUs and Cash Units earned by the Grantee for a the Performance Period will be determined at the end of the Performance Period based on the level of achievement of the Performance Goals in accordance with Exhibit A heretoGoals. All determinations of whether Performance Goals have been achieved, the number of PSUs RSUs and Cash Units earned by the Grantee, and all other matters related to this Section 4 Award shall be made by the Committee in its sole discretion. 4.2 3.2 Promptly following completion of a the Performance Period (and no later than thirty seventy-five (3075) days following the end of such the Performance Period), the Committee will review and certify in writing (a) whether, and to what extent, the Performance Goals for the Performance Period have been achieved, and (b) the number of PSUs RSUs and Cash Units that the Grantee shall earn, if any, subject to compliance with the requirements of Section 5. Such certification shall be final, conclusive and binding on the Grantee, and on all other persons, to the maximum extent permitted by law.

Appears in 1 contract

Sources: Performance Vested Award Agreement (WESTMORELAND COAL Co)