Performance Target. The term “Performance Target” shall mean, (i) with respect to fiscal year 2008, 2009 or 2010, 85% of the Targeted EBITDA for such fiscal year as set forth in Exhibit A hereto, and (ii) with respect to any fiscal year ending on or after December 31, 2011, the greater of (x) 85% of the Targeted EBITDA as set forth the Company’s annual plan for such fiscal year, as such plan is approved by the Board in good faith or (y) $163 million; provided, that the Performance Target as of the end of any fiscal quarter shall be equal to the Performance Target for the entire fiscal year prorated on a quarterly basis through the end of such fiscal quarter.
Appears in 2 contracts
Sources: Management Stock Contribution and Unit Subscription Agreement (Radiation Therapy Services Holdings, Inc.), Support and Voting Agreement (Vestar Capital Partners v L P)