Performance Triggers definition
Examples of Performance Triggers in a sentence
Subject to the automatic modification of the Workout Trigger as set for in Section D below, any modifications to Performance Triggers shall be evidenced in writing and shall take effect in the Quarter during which such modifications were agreed to, unless the parties mutually agree otherwise.
Upon the occurrence of any Force Majeure Event, that has a material impact on the Subservicer’s ability to service the Subject Loans pursuant to the Agreement, the parties will agree to waive any of the Performance Triggers to the extent affected.
In addition to the specific provisions set forth in Sections B, C and D of this Exhibit J relating to the conditions under which a Performance Trigger may be modified, the Owner/Servicer and Subservicer agree to modify any of the above Performance Triggers from time to time in cases where there have been or will be material changes to the portfolio of Subject Loans constituting the reference class of the applicable Performance Trigger.
The Owner/Servicer and the Subservicer shall consider whether such additional MSRPA obligations or loan-level characteristics require revision to the Performance Triggers and shall reflect any agreed upon adjustments in the related Acknowledgment Agreement or other documentation acceptable to the parties.
In addition to the specific provisions set forth in Sections B, C and D of this Exhibit J relating to the conditions under which a Performance Trigger may be modified, Holdings and Seller agree to modify any of the above Performance Triggers from time to time in cases where there have been or will be material changes to the portfolio of Subject Loans constituting the reference class of the applicable Performance Trigger.
In such cases, the lessor returns the deposit to the lessee, removes it when there is a late payment or damages, and returns the balance.
If the Performance Triggers are not achieved, then all Restricted Stock Units (including the Minimum Restricted Stock Units), shall be cancelled and forfeited as of the Performance Vesting Date and there will be no increase in the number of Restricted Stock Units of the Participant or any other Participant under the Plan.
If the Performance Triggers under subsection (a) have been met, the number of Performance RSUs, if any, for which the Participant is entitled to settlement and delivery as of the Performance Vesting Date (defined below) is determined by the Committee following the end of the Performance Period by the Committee’s exercise of its negative discretion to reduce or eliminate the number of Performance RSUs using the performance goals and metrics set forth on Schedule II to this Agreement.
If the Performance Triggers under subsection (a) have been met, and subject to Section 5 below, % of the outstanding Minimum PRSUs will be settled and delivered on the anniversary of the Grant Date and the remaining % of the outstanding Minimum PRSUs will be settled and delivered on the anniversary of the Grant Date; provided that settlement and delivery will be accelerated if, as and to the extent set forth on Schedule II.
If Borrower fails to meet a Performance Trigger, the Growth Capital Advance shall immediately amortize which is reflected in the definition of “Growth Capital Amortization Date.” Borrower shall advise Lender of Borrower’s compliance or noncompliance with the Performance Triggers on or before the end of each relevant quarter and certify such results with the next then-due Compliance Certificate.