Shareholder Return Sample Clauses

Shareholder Return. The Performance Goals may differ from Participant to Participant and from Award to Award. Prior to the Determination Date, the Committee shall determine whether any significant element(s) shall be included in or excluded from the calculation of any Performance Goal with respect to any Participant. “Determination Date” means the latest possible date that will not jeopardize an Award’s qualification as performance-based compensation under section 162(m) of the Code. Notwithstanding the previous sentence, for Awards not intended to qualify as performance-based compensation, “Determination Date” shall mean such date as the Committee may determine in its discretion.
Shareholder Return. Notwithstanding the foregoing, if there is a negative shareholder return for the one- and three-year period ending with respect to a particular Measuring Year, then the maximum Payout Percentage determined under Section 3(c)(iii) shall not exceed 100%. For purposes of this limitation, a negative one-year shareholder return shall exist if the difference between the Average Closing Price (i) for the Measuring Year, and (ii) for the Company’s fiscal year ending immediately prior to the Measuring Year, is a negative number, and a negative three-year shareholder return will exist if the difference between the Average Closing Price (i) for the Measuring Year, and (ii) for the Company’s fiscal year ending three years prior to the Measuring Year, is a negative number. Any cash dividend paid with respect to a Share in the Measuring Year which exceeds the cash dividend paid in the prior fiscal years measured under this subparagraph, will be added to the Average Closing Price (resulting in a deemed higher price) in each clause (i) in the preceding sentence.

Related to Shareholder Return

  • Minimum Shareholders’ Equity The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

  • Shareholders’ Equity Permit Gannett’s Total Shareholders’ Equity at any time to be less than $3,500,000,000.

  • STOCKHOLDERS' EQUITY As at any date of determination, the sum of (a) the capital accounts including common stock and preferred stock, but excluding treasury stock of the Borrower plus (b) the earned surplus and capital surplus of the Borrower (excluding adjustments to translate foreign assets and liabilities for changes in foreign exchange rates made in accordance with Financial Accounting Standards Board Statement No. 52), as determined in accordance with GAAP.

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit G), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Performance Measurement The Uniform Guidance requires completion of OMB-approved standard information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award Performance Goals that awarding Federal agencies are required to detail in the Awards.