– Vesting Period and Performance Goals Clause Samples

– Vesting Period and Performance Goals. (a) Subject to the forfeiture provisions set forth in Section 4.1, the Restricted Stock Units shall become vested and shares of Stock shall become deliverable in [INSERT NUMBER VESTING PERIODS] installments pursuant to the schedule below upon achievement of the Performance Goal identified in subsection (b) below (the “Vesting Period”) as determined by and at the discretion of the Committee. [INSERT DATE EACH VESTING PERIOD ENDS, PERCENTAGE RSUs VESTING PER VESTING PERIOD AND NUMBER RSUs VESTING PER VESTING PERIOD] In a particular Measuring Period, the Restricted Stock Units to become vested and deliverable shall be equal to the percentage and number of shares reflected above plus any unvested Restricted Stock Units from any prior anniversary of the Effective Date. In no event, however, shall the Restricted Stock Units to become vested and deliverable exceed 100% of the Restricted Stock Unit Award. (b) The Performance Goal applicable to the Restricted Stock Unit Award (the “Performance Goal”) is [INSERT PERFORMANCE GOAL(S) AND PERFORMANCE METRICS, INCLUDING THE FOLLOWING MEASURES ABSOLUTELY OR RELATIVE TO THE PERFORMANCE OF OTHER ENTITIES: SALES GROWTH, SALES PER SQUARE FOOT, EARNINGS (INCLUDING EARNINGS BEFORE TAXES, EARNINGS BEFORE INTEREST AND TAXES, OR EARNINGS BEFORE INTEREST, TAXES, DEPRECIATION AND AMORTIZATION), OPERATING INCOME, PRE- OR AFTER-TAX INCOME, CASH FLOW (BEFORE OR AFTER DIVIDENDS), EARNINGS PER SHARE, RETURN ON EQUITY, RETURN ON CAPITAL (INCLUDING RETURN ON TOTAL CAPITAL OR RETURN ON INVESTED CAPITAL), CASH FLOW RETURN ON INVESTMENT, RETURN ON ASSETS, MARKET SHARE OR PENETRATION, BUSINESS EXPANSION, SHARE PRICE PERFORMANCE, TOTAL SHAREHOLDER RETURN, IMPROVEMENT IN OR ATTAINMENT OF EXPENSE LEVELS OR EXPENSE RATIOS, EMPLOYEE AND/OR CUSTOMER SATISFACTION, CUSTOMER RETENTION, AND ANY COMBINATION OF, OR A SPECIFIED INCREASE IN, ANY OF THE FOREGOING, WHICH PERFORMANCE GOALS MAY BE BASED UPON THE ATTAINMENT OF SPECIFIED LEVELS OF PERFORMANCE BY THE COMPANY, OR A BUSINESS UNIT, DIVISION, SUBSIDIARY, AFFILIATE, OR BUSINESS SEGMENT OF THE COMPANY]. (c) An example of the Performance Goal calculation is attached as Exhibit ▇. ▇▇▇▇-▇▇▇▇▇ STORES, INC. FORM OF RESTRICTED STOCK UNIT AWARD AGREEMENT – PERFORMANCE-BASED AWARD
View Source
– Vesting Period and Performance Goals. (a) Subject to the forfeiture provisions set forth in Section 4.1, the Restricted Stock Units shall become vested and shares of Stock shall become deliverable in three (3) installments pursuant to the schedule below upon achievement of the Performance Goal identified in subsection (b) below (the “Vesting Period”) as determined by and at the discretion of the Committee. 1st 331/3rd % [#V1 Shares] 2nd 331/3rd % (plus any unvested Restricted Stock Units from the 1st anniversary of the Effective Date) [#V2 Shares] 3rd 331/3rd % (plus any unvested Restricted Stock Units from the 1st and/or 2nd anniversary of the Effective Date) [#V3 Shares] In a particular Measuring Period, the Restricted Stock Units to become vested and deliverable shall be equal to the percentage and number of shares reflected above plus any unvested Restricted Stock Units from any prior anniversary of the Effective Date. In no event, however, shall the Restricted Stock Units to become vested and deliverable exceed 100% of the Restricted Stock Unit Award. (b) The Performance Goal applicable to the Restricted Stock Unit Award (the “Performance Goal”) is for the Company to rank among the top three (3) in an applicable Measuring Period among Comparator Companies in either or both of the following performance metrics: Identical Sales Increase and Percentage of EBITDA Margin Growth. Each individual performance metric shall be weighted equally (i.e., fifty percent (50%)) to comprise the total Performance Goal. Where only one of the performance metrics of the Performance Goal is achieved in a Measuring Period, the Restricted Stock Units to become vested and deliverable shall be reduced by fifty percent (50%).
View Source
– Vesting Period and Performance Goals. (a) Subject to the forfeiture provisions set forth in Section 4.1, upon achievement of the Performance Goal defined in this Agreement, as determined by and at the discretion of the Committee, the Restricted Stock Units shall become vested and shares of Stock shall become deliverable on June 30, 2014 if Grantee has continuously provided services to or been employed by the Company, a Subsidiary or Affiliate until such date (the “Vesting Period”). If, when measured for fiscal year ending, June 25, 2014, the Performance Goal defined in this Agreement is not achieved, the Restricted Stock Units Award shall be cancelled and forfeited. (b) The Performance Goal applicable to the Restricted Stock Unit Award (the “Performance Goal”) is for the Company to achieve relative success as compared to the average performance of a Peer Group of Supermarkets in either or both of the following performance metrics as of the end of the Measuring Period: EBITDA Margin and Return on Invested Capital (“ROIC”). Each individual performance metric shall be weighted equally (i.e., fifty percent (50%)) to comprise the total Performance Goal.
View Source

Related to – Vesting Period and Performance Goals

  • 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 Goals A. The Trust and State Street have developed mutually acceptable performance goals dated March 1, 2011 , and as may be amended from time to time, regarding the manner in which they expect to deliver and receive the services under this Agreement (hereinafter referred to as “Service Level Agreement”). The parties agree that such Service Level Agreement reflects performance goals and any failure to perform in accordance with the provisions thereof shall not be considered a breach of contract that gives rise to contractual or other remedies. It is the intention of the parties that the sole remedy for failure to perform in accordance with the provisions of the Service Level Agreement, or any dispute relating to performance goals set forth in the Service Level Agreement, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described in Sections V. B. and V.C. below. Notwithstanding the foregoing, the parties hereby acknowledge that any party’s failure (or lack thereof) to meet the provisions of the Service Level Agreement, while not in and of itself a breach of contract giving rise to contractual or other remedies, may factor into the Trust’s reasonably determined belief regarding the standard of care exercised by State Street hereunder.

  • Performance Period This Agreement shall be performed during the period which begins Oct 01 2020 and ends Sep 30 2022. All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 14, which shall be fully executed by both parties to this Agreement.

  • Performance Criteria The Performance Criteria are set forth in Exhibit A to this Agreement.

  • Performance Measure Grantee will adhere to the performance measures requirements documented in