Performance Benchmark definition

Performance Benchmark means, net sales less finance charges less cost of sales less sales, general and administrative expenses (SG&A) of the Company and its subsidiaries on a consolidated basis. For the avoidance of doubt, Performance Benchmark shall include acquisition goodwill amortization of the Company (including its consolidated subsidiaries) for acquisition goodwill created prior to the Tender Offer Closing Date of $4.152 million; and shall exclude (i) interest expense, (ii) the Parent's corporate expenses; (iii) the goodwill amortization of the Parent relating to the Merger and related purchase price adjustments; (iv) additional depreciation expense resulting from the write up of assets following the Merger; (iv) expenses relating to the period after the Merger for environmental, health and safety expenses, plant reorganization, product liability insurance savings; (v) savings resulting from the elimination of the obligation of the Company to report its financial results publicly; and (vi) the effect of acquisitions by the Company or its subsidiaries after the Merger Date or of the transfer by the Parent of any business or product line to the Company or its subsidiaries.

Performance Benchmark means the benchmark comprising 50% of the return of the M▇▇▇▇▇ S▇▇▇▇▇▇ Capital International (MSCI) All Countries World Index, Net Dividends Reinvested as published by MSCI (Bloomberg Ticker: M1WD or its successor) plus 50% of the return of M▇▇▇▇▇ S▇▇▇▇▇▇ Capital International (MSCI) All Countries World Index, Gross Dividends Reinvested as published by MSCI (Bloomberg Ticker: M2WD or its successor).

Performance Benchmark means, as of any date of determination, the greater of the Lower Hurdle or the highest amount of Net Management Fees attributable to any Performance Measurement Period that results in a positive Performance Amount pursuant to Section 2.09.

Performance Benchmark means the net profit benchmark as set out in Article VI of the 1st Agreement, that is RMB 170,200,000;

Performance Benchmark means the performance targets to be achieved by the Group as more particularly set out in Section 6.1.

Performance Benchmark has the meaning set forth in Section 4.2.2. 34

Performance Benchmark refers to at least a four-month improvement in survival rates attributable to Tenant's drug, as compared to the control arm, as reflected in the topline read-out of the final data from the ADAPT Study.

Performance Benchmark means the net profit benchmark as set out in Article VI of the 1st Agreement, that is RMB 170,200,000; “Person” means an individual, a partnership, a corporation, a limited liability company, an association, a joint stock company, a trust, a joint venture, an unincorporated association or organisation or a governmental entity (or any department, agency, or political subdivision thereof); “Put Option” shall have the meaning ascribed to it in Clause 2.1; “Put Option Notice” shall have the meaning ascribed to it in Clause 2.4; “Qualified IPO” means an initial public offering and listing of and permission to deal in the Shares on the Eligible Exchange, in respect of which the market capitalization (that is, the number of issued shares multiplied by the current share price) shall not be less than US[$200,000,000]; “Restructuring” means the injection of certain assets and Affiliates of CNinsure into INS and New INS and their Affiliates; “Restructuring Documents” means the set of definitive and legally binding agreements to be entered into among the relevant parties setting out the terms and conditions of the Restructuring; “RMB” means Renminbi, the lawful currency of the People’s Republic of China; “Shares” means the ordinary share of par value US$1.00 each in the share capital of the Company or any of its holding company; “Share Mortgage” shall have the meaning ascribed to it in Recital (4); “USD” or “US$” means United States Dollars, the lawful currency of the United States of America; and “US GAAP” means generally accepted accounting principles in the United States of America.

Performance Benchmark means, in relation to any Portfolio Business Day “N”, a number expressed as a percentage rounded to the nearest one ten-thousandth of a percentage point (0.0001%) and equal to: