Financial Performance Hurdle

Financial Performance Hurdle. Means, with respect to a fiscal year, that the Company's net income for such year, as set forth on its regularly prepared and publicly available consolidated statement of operations prepared in accordance with GAAP, is equal to or greater than the dollar amount specified by the Committee as the Financial Performance Hurdle with respect to such fiscal year as provided in Section 5 hereof; provided, however, that, at the time the Committee specifies the performance goals with respect to such... fiscal year as provided in Section 5 hereof, the Committee may, in its discretion, specify that the Company's net income shall be adjusted for purposes of determining the Financial Performance Hurdle for such fiscal year by excluding or including items specified by the Committee (such as, for example, by excluding write-offs of assets or one-time gains or losses from the disposal of assets), in each case as determined by the Committee in accordance with GAAP). View More