Example ContractsClausesDetermination of Achievement
Determination of Achievement
Determination of Achievement contract clause examples

Determination of Achievement. The Committee will determine achievement with respect to corporate performance goals by reference to such information as the Committee determines in its discretion.

Determination of Achievement. The Committee shall determine the extent to which a Performance Award has been earned in its sole discretion, including the extent to which Performance Goals have been attained, and the degree of achievement between minimum and maximum levels. The Committee may reduce or waive any criteria with respect to a Performance Goal, or adjust a Performance Goal (or method of calculating the attainment of a Performance Goal) to take into account unanticipated events, including changes in law and accounting or tax rules, as the Committee deems necessary or appropriate, or to reflect the impact of extraordinary or unusual items, events or circumstances to avoid windfalls or hardships. The Committee may also adjust or eliminate the compensation or economic benefit due upon attainment of Performance Goals in its sole discretion, subject to any limitations contained in the Award Agreement and compliance with Applicable Law.

Determination of Achievement. The Committee will determine achievement with respect to corporate performance goals by reference to such information as the Committee determines in its discretion.

Determination of Performance Achievement. The applicable performance period shall be January 1, 2018 – December 31, 2020 (the “Performance Period”). The performance metrics and threshold and target goal levels have been determined by the Compensation Committee of the Board of Trustees of the Company (the “Compensation Committee”) and are set forth on Exhibit B. At the end of the Performance Period, for each of P-RSU Tranche 1, P-RSU Tranche 2 and P-RSU Tranche 3, the Compensation Committee will determine the number of P-RSUs earned based on the extent to which the performance goals have been achieved, as set forth on [Exhibit A].

The number of shares of common stock, par value $0.01 per share, of the Company (the “Common Stock”) payable in respect of the Performance Units will be determined according to the attainment of the performance condition or conditions as established by the Committee and set forth on [Exhibit A] hereto (each, a “Performance Condition”) for the applicable performance period (the “Performance Period”) as established by the Committee and set forth on [Exhibit A]. The Committee shall determine and certify the attainment of each Performance Condition after the applicable Performance Period.

The number of shares of common stock, par value $0.01 per share, of the Company (the “Common Stock”) payable in respect of the Performance Units will be determined according to the attainment of the performance condition or conditions as established by the Committee and set forth on [Exhibit A] hereto (each, a “Performance Condition”) for the applicable performance period (the “Performance Period”) as established by the Committee and set forth on [Exhibit A]. The Committee shall determine and certify the attainment of each Performance Condition after the applicable Performance Period.

Determination of Achievement of Performance Goals. No later than March 15, 2021, the Board will determine whether the Performance Goals have been achieved, and the level of such achievement, and the Committee (subject to ratification by the Board in the case of the Company’s CEO) will determine the number of Performance Share Units payable, if any. The number of Performance Share Units to be payable will be based on the degree of achievement of the Performance Goals according to the following guidelines and the Participant’s continued employment though the end of the Performance Period, except as otherwise set forth in Sections 5(b) and 5(c):

Achievement Percentage. Following the end of a Performance Period, the Achievement Percentage for a Performance Period will be determined by the Committee based on the Relative TSR for such Performance Period in accordance with the following table, with the Achievement Percentage determined using linear interpolation for Relative TSR performance between the threshold level and the target level or the target level and the maximum level. Notwithstanding the foregoing, in no event may the Achievement Percentage exceed 100% for each of the First Performance Period and the Second Performance Period.

Achievement Percentage. Each Goal will also specify the Achievement Percentages (ranging from 0 to 200 percent) to be used in computing the payment of an Award based upon the extent to which the particular Goal is achieved. Achievement Percentages for a particular Goal may be based on:

For each Plan Year, managers and executives of the Company shall determine each Participant’s Individual Performance Goals (“Individual Goals”); provided that the Board of Directors (“Board”) or Compensation Committee (“Committee”) shall determine the Individual Goals of the Chief Executive Officer (“CEO”), executive officers and other members of the Senior Management of the Company, as applicable and as provided by the Company’s by-laws, the Committee’s Charter, and the Committee’s discretion.

Next results

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.