Example ContractsClausesBusiness Criteria
Business Criteria
Business Criteria contract clause examples

Business Criteria. One or more of the following business criteria may be used by the Committee, without limitation, in establishing Performance Goals for Performance Awards granted to a Participant: # earnings per share; # revenue (including increased revenues); # profit measures (including gross profit, operating profit, economic profit, net profit before taxes and adjusted pre-tax profit); # cash flow measures (including cash flow return on capital, cash flow return on tangible capital, net cash flow, distributable cash flow and distributable cash flow per share and net cash flow before financing activities); # return measures (including return on equity, return on assets, return on capital, risk-adjusted return on capital, return on investors’ capital and return on average equity); # economic value added; # gross margin; # net income measures (including income after capital costs and income before or after taxes); # earnings; # pretax earnings; # earnings before interest, taxes, depreciation and amortization (“EBITDA”) or adjusted EBITDA; # earnings before taxes and depreciation (“EBTD”); # earnings before interest and taxes (“EBIT”); # pretax operating earnings after interest expense and before incentives, service fees and extraordinary or special items; # operating measures (including operating income, funds from operations, cash from operations, after-tax operating income, sales volumes, production volumes and production efficiency); # stock price measures (including growth measures and total shareholder return); # debt reduction; # price per share of Common Stock; # market share; # earnings per share or adjusted earnings per share (actual or growth in); # economic value added (or an equivalent metric); # market value added; # debt to equity ratio; # expense measures (including overhead cost and general and administrative expense); # changes in working capital; # margins; (AA) shareholder value; (BB) proceeds from dispositions; (CC) total market value; (DD) customer satisfaction or growth; and (EE) implementation, completion or attainment of measurable objectives with respect to the acquisition, development and/or productivity of assets. Any goals may be determined on the absolute or relative basis or as compared to the performance of a published or special index deemed applicable by the Committee including, but not limited to, the Standard & Poor’s 500 Stock Index or a group of comparable companies. The Committee may determine that certain items, events or occurrences, including unusual or nonrecurring items, changes in accounting standards or tax laws or other adjustments, shall be added to or excluded from the calculation of any of the business criteria.

Business Criteria. The term “Business Criteria” for purposes of this Plan means criteria that relate to # return over capital costs or increases in return over capital costs, # return on invested capital or increases in return on invested capital, # operating performance or operating performance improvement, # safety record, # customer satisfaction or customer engagement surveys, # total earnings or the growth in such earnings, # consolidated earnings or the growth in such earnings, # earnings per share or the growth in such earnings, # net earnings or income or the growth in such earnings or income, (10) earnings before interest expense, taxes, depreciation, amortization and other non-cash items or the growth in such earnings, # earnings before interest and taxes or the growth in such earnings, # consolidated net income or the growth in such income, # the value of the Company’s common stock or the growth in such value, # the Company’s stock price or the growth in such price, # the weight or volume of paperboard or container board produced or converted by the Company, # return on assets or equity or the growth on such returns, # cash flow or the growth in such cash flow, # the Company’s total shareholder return or the growth in such return, # expenses or the reduction of such expenses, # sales or sales growth, (21) overhead ratios or changes in such ratios, (22) expense-to-sales ratios or the changes in such ratios (22) economic value added or changes in such value added or (23) any other criteria as determined by the Committee.

Vesting Criteria. The Grantee’s interest in the Shares shall vest in accordance with the vesting schedule set forth below in this Section 3(a) (each such vesting date, a “Vesting Date”) only if the Return on Equity for the fiscal year ending March 31, 2021 is at least 10.0% (the “Performance Criteria”); provided, that the percentage of Shares that will be earned shall be based on the following:

Performance Criteria. If an Award is subject to this Section 9, then the payment or distribution thereof or lapsing of restrictions thereon and the distribution of cash, Shares or other property pursuant thereto, as applicable, shall be contingent upon achievement of one or more objective performance goals. Performance goals shall be objective and shall otherwise meet the requirements of Section 162(m) of the Code and regulations thereunder including the requirement that the level or levels of performance targeted by the Committee result in the achievement of performance goals being “substantially uncertain.” One or more of the following business criteria for the Company, on a consolidated basis, and/or for Related Entities, or for business or geographical units of the Company and/or a Related Entity (except with respect to the total shareholder return and earnings per share criteria), shall be used by the Committee in establishing performance goals for such Awards: # earnings per share; # revenues or margins; # cash flow; # operating margin; # return on net assets, investment, capital, or equity; # economic value added; # direct contribution; # net income; pretax earnings; earnings before interest and taxes; earnings before interest, taxes, depreciation and amortization; earnings after interest expense and before extraordinary or special items; operating income or income from operations; income before interest income or expense, unusual items and income taxes, local, state or federal and excluding budgeted and actual bonuses which might be paid under any ongoing bonus plans of the Company; # working capital; (10) management of fixed costs or variable costs; # identification or consummation of investment opportunities or completion of specified projects in accordance with corporate business plans, including strategic mergers, acquisitions or divestitures; # total shareholder return; # debt reduction; and/or # the Fair Market Value of a Share. Any of the above goals may be determined on an absolute or relative basis or as compared to the performance of a published or special index deemed applicable by the Committee including, but not limited to, the Standard & Poor’s 500 Stock Index or a group of companies that are comparable to the Company. Except as otherwise specified by the Committee at the time the goals are set, the Committee shall exclude the impact of: # restructurings, discontinued operations, extraordinary items, and other unusual or non-recurring charges, # an event either not directly related to the operations of the Company or not within the reasonable control of the Company’s management, # a change in accounting standards required by generally accepted accounting principles, or # any other item or event specified by the Committee at the time the goals are set.

Performance Criteria. The Administrator shall establish the performance criteria and level of achievement versus these criteria which shall determine the target and the minimum and maximum amount payable under a Cash Award, which criteria may be based on financial performance and/or personal performance evaluations. The Administrator may specify the percentage of the target Cash Award that is intended to satisfy the requirements for “performance-based compensation” under Section 162(m) of the Code. Notwithstanding anything to the contrary herein, the performance criteria for any portion of a Cash Award that is intended to satisfy the requirements for “performance-based compensation” under Section 162(m) of the Code shall be a measure established by the Administrator based on one or more Qualifying Performance Criteria selected by the Administrator and specified in writing not later than 90 days after the commencement of the period of service to which the performance goals relates, provided that the outcome is substantially uncertain at that time (or in such other manner that complies with [Section 162(m)]).

Ventilation rates are based upon the 2015 International Mechanical Code.

To be considered an Eligible Participant (“Participant”) for any applicable Plan Year, both Criteria below must be met:

Leasing Criteria; Tenant Underwriting Criteria. Without the prior written consent of Buyer, no Seller shall amend or otherwise modify or permit the amendment or modification of the Leasing Criteria or Tenant Underwriting Criteria in any material respect. Without limiting the foregoing, in the event that a Seller makes any amendment or modification to the Leasing Criteria or Tenant Underwriting Criteria, such Seller shall promptly deliver to Buyer a complete copy of the amended or modified Leasing Criteria or Tenant Underwriting Criteria, as applicable, specifying in detail the amendments and modifications set forth therein from the previous copy delivered.

Leasing Criteria and Tenant Underwriting Criteria. The Leasing Criteria and Tenant Underwriting Criteria provided to Buyer are true and correct.

Commercial Supply Criteria. Promptly following the date on which the first IND of a Licensed Product becomes effective in the U.S. under 21 C.F.R. 312.40, the JMC will determine whether the Planned Fate Facility or the Back-Up Fate Facility complies with the Commercial Supply Criteria as follows:

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