Performance Hurdles definition
Examples of Performance Hurdles in a sentence
Furthermore, the Committee shall, within 90 days of the discovery of all relevant material facts relating to a Material Reduction Event (as defined below) by the Committee, decrease Performance Hurdles (or otherwise make adjustments that increase the likelihood of Performance Hurdles being achieved), such that, in the Committee’s good faith and sole judgment, the likelihood of achievement of the various Performance Hurdles as adjusted is no less likely than prior to the Material Reduction Event.
In addition, for purposes of determining whether the Performance Hurdles and the Management Targets have been achieved, EBITDA shall be determined without giving effect to any (i) extraordinary items of loss or gain, (ii) fees payable by the Company to ▇▇▇▇ Capital, Inc.
Through the Adjusted EBITDA Certification Date, the Committee shall retain discretion to decrease Performance Hurdles (or otherwise make adjustments that increase the likelihood of Performance Hurdles being achieved) at any time.
Through the Adjusted EBITDA Certification Date, the Committee may, within 90 days of the discovery of all relevant material facts relating to a Material Accretion Event (as defined below) by the Committee, increase Performance Hurdles (or otherwise make adjustments that decrease the likelihood of Performance Hurdles being achieved).
Any such adjustment shall be made such that, in the Committee’s good faith and sole judgment, the likelihood of achievement of the various Performance Hurdles is no less likely than prior to the Material Accretion Event.
In the event of a Change of Control (as such term is defined in the Plan), any portion of your RSUs outstanding and unvested as of the Change of Control which would have vested during the twenty-four (24) month period following such Change of Control shall vest, subject to the achievement of the Performance Hurdles; provided that, such award shall be treated as though it vested annually pro rata over its vesting period.
If the -------------------------------------------------------- Company acquires all or substantially all of the assets or capital stock of another business or if the Company sells a substantial portion of its assets, the Company and the Executive will negotiate in good faith to make any appropriate adjustments to the Performance Hurdles and Management Targets based on the EBITDA of the acquired business or the EBITDA associated with the sold assets (as the case may be).
Such Special Stockholder Voting Rights shall be reinstated (as to any action of the Company thereafter being proposed) at the earlier of the time at which the Company (a) achieves the Performance Hurdles or (b) no longer reasonably believes it will be in default of the Senior Debt Covenants, as certified in writing to HMTF by the chief financial officer of the Company.
Upon termination of Service due to the Participant’s death, disability or Qualified Retirement, (i) the Participant will receive accelerated vesting with respect to (A) 50% of the unvested Units in the event that one, but not both, of the 2014 Performance Hurdles is satisfied and (B) 100% of the unvested Units in the event that both of the 2014 Performance Hurdles are satisfied and (ii) any remaining holding periods will be waived.
If you have a Termination of Employment as a result of a Disability, the Award shall continue to vest on the Award Date, provided you continue to comply with any applicable confidentiality and non-competition obligations you have to the Company and its Affiliates and subject to the achievement of the Performance Hurdles.