Promotions and New Hires. With respect to a Participant who is newly hired or is promoted by the Company during a Performance Period, the Committee shall grant an Award Opportunity, or adjust an Award Opportunity previously granted, to such Participant for such Performance Period pursuant to the provisions of this [Section 9]; provided, however, that no Award Opportunity shall be granted or adjusted in such a manner as to cause any Long-Term Incentive Bonus payable under the Plan to fail to qualify as "performance-based compensation" within the meaning of [section 162(m)(4)(C)] of the Code and [[Section 1.162-27]7]]7] of the Treasury Regulations promulgated thereunder.
New Hires and Promotions. For new hires and promotions of individuals, Annual LTIP RSU Awards, Annual LTIP PSU Awards and/or Annual LTIP Option Awards shall be made based on the determination of the Committee upon the recommendation of the CEO as to # whether or not the individual will participate in the LTIP during the year of hire or promotion, # the applicable Aggregate Target Value, # whether or not the Aggregate Target Value shall be prorated based on the hiring or promotion date of such individual, # whether or not the Aggregate Target Value shall be reduced by any other award made to such individual during the applicable year (e.g., a previous annual award or a new hire recruitment award), # the actual number of LITP RSU Awards, LTIP PSU Awards and/or Annual LTIP Option Awards to be granted, and # the first vesting date for any Annual LTIP RSU Award or Annual LTIP Option Award.
New Hires. A Newly Hired Employee may elect within 30 days of becoming an Employee to defer base salary earned subsequent to the deferral election becoming effective and in the year of hire. Such an election shall become irrevocable and effective at the end of this 30-day period.
•New hires, rehires, job changes occurring prior to May 1st.
New hires will receive a pro-rated award based rounded for the number of months worked during the Plan Year.
New Definitions. The definitions of “Canadian Availability”, “Eighth Amendment” and “Eighth Amendment Effective Date” are hereby inserted into [Section 1.01] of the Credit Agreement in appropriate alphabetical order:
New Services. After the execution of this Services Agreement and prior to the date that is two months from the date hereof, either Party may request that the other Party provide an additional or different service that is not an Omitted Service and that does not constitute a Service Change (a New Service). The other Party shall consider such request in good faith, but nothing in this Services Agreement shall require the other Party to agree to provide such New Service. If the other Party consents to providing the requested New Service, then the Parties shall negotiate in good faith to agree to the terms and conditions upon which such New Service would be added to this Services Agreement, it being agreed that the charges for such New Service should be determined on a basis consistent with the methodology for determining the initial prices provided for herein (as described in [Section 2.3]).
New Shares. Shareholder agrees that any shares of capital stock of the that Shareholder purchases or with respect to which Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Time, including, without limitation, shares issued or issuable upon the conversion, exercise or exchange, as the case may be, of all securities held by Shareholder which are convertible into, or exercisable or exchangeable for, shares of capital stock of the (“New Shares”), shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares as of the date hereof.
New Lease. If timely exercises ’s Right to First Offer as set forth herein, then, and shall promptly thereafter execute a new lease on substantially the same terms and conditions of this Lease, the First Offer Notice and this [Section 1.3], and the terms of the Declaration which are applicable to the First Offer Space (the
New Definitions. [Section 1.01] of the Financing Agreement is hereby amended by adding the following definitions, in appropriate alphabetical order:
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