Performance Goals. Means performance goals based on one or more of the following criteria, determined in accordance with generally accepted accounting principles where applicable: (i) pre-tax income or after-tax income; (ii) earnings including operating income, earnings before or after taxes, earnings before or after interest, depreciation, amortization, or extraordinary or special items; (iii) net income excluding amortization of intangible assets, depreciation and impairment of goodwill and intangible assets;
... (iv) earnings or book value per share (basic or diluted); (v) return on assets (gross or net), return on investment, return on capital, or return on equity; (vi) return on revenues; (vii) cash flow, free cash flow, cash flow return on investment (discounted or otherwise), net cash provided by operations, or cash flow in excess of cost of capital; (viii) economic value created; (ix) operating margin or profit margin; (x) stock price or total stockholder return; (xi) earnings from continuing operations; (xii) cost targets, reductions and savings, productivity and efficiencies; (xiii) franchise sales targets; and (xiv) strategic business criteria, consisting of one or more objectives based on meeting specified market penetration or market share, geographic business expansion, customer satisfaction, employee satisfaction, human resources management, supervision of litigation, information technology, and goals relating to divestitures, joint ventures and similar transactions. Where applicable, the Performance Goals may be expressed in terms of attaining a specified level of the particular criterion or the attainment of a percentage increase or decrease in the particular criterion, and may be applied to one or more of the Company or a Parent or Subsidiary of the Company, or a division or strategic business unit of the Company, all as determined by the Committee. The Performance Goals may include a threshold level of performance below which no payment will be made (or no vesting will occur), levels of performance at which specified payments will be paid (or specified vesting will occur), and a maximum level of performance above which no additional payment will be made (or at which full vesting will occur). Each of the foregoing Performance Goals shall be evaluated in accordance with generally accepted accounting principles, where applicable, and shall be subject to certification by the Committee. The Committee shall have the authority to make equitable adjustments to the Performance Goals in recognition of unusual or non-recurring events affecting the Company or any Parent or Subsidiary of the Company or the financial statements of the Company or any Parent or Subsidiary of the Company, in response to changes in applicable laws or regulations, or to account for items of gain, loss or expense determined to be extraordinary or unusual in nature or infrequent in occurrence or related to the disposal of a segment of a business or related to a change in accounting principles.
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Performance Goals.
Means means performance goals
determined by the Committee, which may be based on one or more of the following
criteria, determined in accordance with generally accepted accounting principles where applicable: criteria: (i) pre-tax income or after-tax income; (ii)
pre-tax or after-tax profits; (iii) income or earnings including operating income, earnings before or after taxes, earnings before
interest, taxes, depreciation and amortization, earnings before or after interest, depreciation,
... amortization, or extraordinary items that are unusual in nature or infrequently occurring or special items; (iii) items, or a combination of any or all of the foregoing; (iv) net income excluding amortization of intangible assets, depreciation and impairment of goodwill and intangible assets; (iv) assets and/or excluding charges attributable to the adoption of new accounting pronouncements; (v) earnings or book value per share (basic or diluted); (v) (vi) return on assets (gross or net), return on investment, return on capital, return on invested capital or return on equity; (vi) (vii) return on revenues; (vii) (viii) cash flow, free cash flow, cash flow return on investment (discounted or otherwise), net cash provided by operations, or cash flow in excess of cost of capital; (viii) (ix) economic value created; (ix) (x) operating margin or profit margin; (x) margin (gross or net); (xi) stock price or total stockholder return; (xi) (xii) income or earnings from continuing operations; (xii) (xiii) after-tax or pre-tax return on stockholders' equity; (xiv) growth in the value of an investment in the Company's common stock assuming the reinvestment of dividends; (xv) operating profits or net operating profits; (xvi) working capital; (xvii) gross or net sales, revenue and growth of sales revenue (either before or after cost of goods, selling and general administrative expenses, and any other expenses or interest); (xviii) cost targets, reductions and savings, savings (including, without limitation, the achievement of a certain level of, reduction of, or other specified objectives with regard to limiting the level of increase in, all or a portion of, the Company's bank debt or other long-term or short-term public or private debt or other similar financial obligations of the -3-.118376313.2Company, which may be calculated net of such cash balances and/or other offsets and adjustments as may be established by the Committee), expense management, productivity and efficiencies; (xiii) franchise sales targets; and (xiv) (xix) strategic business criteria, consisting of one or more objectives based on meeting specified market penetration or market share, geographic business expansion, customer satisfaction, employee satisfaction, human resources management, supervision of litigation, information technology, and goals relating to divestitures, joint ventures and similar transactions. transactions; (xx) franchise and/or royalty income; (xxi) market share; (xxii) strategic objectives, development of new product lines and related revenue, sales and margin targets; (xxiii) franchisee growth and retention; (xxiv) co-branding or international operations; (xxv) comparisons of continuing operations to other operations; (xxvi) management fee or licensing fee growth; (xxvii) other financial or business measures as may be determined by the Committee; and (xxviii) any combination of the foregoing. Where applicable, the Performance Goals may be expressed in terms of attaining a specified level of the particular criterion or the attainment of a percentage increase or decrease in the particular criterion, and may be applied to one or more of the Company or a Parent or Subsidiary of the Company, its Affiliates, or a division or strategic business unit of the Company, all as determined by the Committee. The Performance Goals may include a threshold level of performance below which no payment will be made (or no vesting will occur), levels of performance at which specified payments will be paid (or specified vesting will occur), and a maximum level of performance above which no additional payment will be made (or at which full vesting will occur). Each of the foregoing Performance Goals shall may be evaluated in accordance with generally accepted accounting principles, where applicable, and shall be subject to certification principles (GAAP) or other financial measures (including non-GAAP measures) as determined by the Committee. The Committee shall have the authority to make equitable adjustments to the Performance Goals in recognition of unusual unusual, non-recurring, non-core or non-recurring other events affecting the Company or any Parent or Subsidiary of the Company its Affiliates or the financial statements of the Company or any Parent or Subsidiary of the Company, its Affiliates, in response to changes in applicable laws or regulations, or to account for items of gain, loss or expense determined to be extraordinary or unusual in nature or infrequent in occurrence or related to the disposal of a segment of corporate transaction (including, without limitation, a business disposition or acquisition) or related to a change in accounting principles. principles, or otherwise, all as determined by the Committee in its discretion.
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Performance Goals.
Means means performance goals based on one or more of the following
criteria, determined in accordance with generally accepted accounting principles where applicable: criteria: (i) pre-tax income or after-tax income; (ii)
earnings including operating
income, earnings before cash flow; (iii) operating profit; (iv) return on equity, assets, capital, or
after taxes, earnings before or after interest, depreciation, amortization, or extraordinary or special items; (iii) net income excluding... amortization of intangible assets, depreciation and impairment of goodwill and intangible assets; (iv) investment; (v) earnings or book value per share (basic share; (vi) sales or diluted); (v) return on assets (gross or net), return on investment, return on capital, or return on equity; (vi) return on revenues; (vii) cash flow, free cash flow, cash flow return on investment (discounted or otherwise), net cash provided by operations, or cash flow in excess of operating expenses; (viii) cost of capital; (viii) economic value created; (ix) operating margin Common Stock price appreciation; and (x) implementation or profit margin; (x) stock price completion of critical projects or total stockholder return; (xi) earnings from continuing operations; (xii) cost targets, reductions and savings, productivity and efficiencies; (xiii) franchise sales targets; and (xiv) strategic business criteria, consisting of one or more objectives based on meeting specified market penetration or market share, geographic business expansion, customer satisfaction, employee satisfaction, human resources management, supervision of litigation, information technology, and goals relating to divestitures, joint ventures and similar transactions. processes. Where applicable, the Performance Goals may be expressed in terms of attaining a specified level of the particular criterion criteria or the attainment of a percentage increase or decrease in the particular criterion, criteria, and may be applied to one or more of the Company or a Parent or Subsidiary of the Company, any Subsidiary, or a division or strategic business unit of the Company, or may be applied to the performance of the Company relative to a market index, a group of other companies, or a combination thereof, all as determined by the Committee. The Performance Goals may include a threshold level of performance below which no payment will be made (or no vesting will occur), levels of performance at which specified payments will be paid made (or specified vesting will occur), and a maximum level of performance above which no additional payment will be made (or at which full vesting will occur). Each of the foregoing Performance Goals shall be evaluated determined, to the extent applicable, in accordance with generally accepted accounting principles, where applicable, principles and shall be subject to certification by the Committee. The Committee; provided, that the Committee shall have the authority to make equitable adjustments to the Performance Goals in recognition of unusual or non-recurring events affecting the Company or any Parent or Subsidiary of the Company or the financial statements of the Company or any Parent or Subsidiary of the Company, Subsidiary, in response to changes in applicable laws or regulations, or to account for items of gain, loss loss, or expense determined to be extraordinary or unusual in nature or infrequent in occurrence or related to the disposal of a segment of a business or related to a change in accounting principles. 2
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Performance Goals.
Means means performance goals based on one or more of the following
criteria, determined in accordance with generally accepted accounting principles where applicable: criteria: (i) pre-tax income or after-tax income; (ii)
earnings including operating
income, earnings before cash flow; (iii) operating profit; (iv) return on equity, assets, capital, or
after taxes, earnings before or after interest, depreciation, amortization, or extraordinary or special items; (iii) net income excluding... amortization of intangible assets, depreciation and impairment of goodwill and intangible assets; (iv) investment; (v) earnings or book value per share (basic share; (vi) sales or diluted); (v) return on assets (gross or net), return on investment, return on capital, or return on equity; (vi) return on revenues; (vii) cash flow, free cash flow, cash flow return on investment (discounted or otherwise), net cash provided by operations, or cash flow in excess of operating expenses; (viii) cost of capital; (viii) economic value created; (ix) operating margin Common Stock price appreciation; and (x) implementation or profit margin; (x) stock price completion of critical projects or total stockholder return; (xi) earnings from continuing operations; (xii) cost targets, reductions and savings, productivity and efficiencies; (xiii) franchise sales targets; and (xiv) strategic business criteria, consisting of one or more objectives based on meeting specified market penetration or market share, geographic business expansion, customer satisfaction, employee satisfaction, human resources management, supervision of litigation, information technology, and goals relating to divestitures, joint ventures and similar transactions. processes. Where applicable, the Performance Goals may be expressed in terms of attaining a specified level of the particular criterion criteria or the attainment of a percentage increase or decrease in the particular criterion, criteria, and may be applied to one or more of the Company or a Parent or Subsidiary of the Company, any Subsidiary, or a division or strategic business unit of the Company, or may be applied to the performance of the Company relative to a market index, a group of other companies, or a combination thereof, all as determined by the Committee. The Performance Goals may include a threshold level of performance below which no payment will be made (or no vesting will occur), levels of performance at which specified payments will be paid made (or specified vesting will occur), and a maximum level of performance above which no additional payment will be made (or at which full vesting will occur). Each of the foregoing Performance Goals shall be evaluated determined, to the extent applicable, in accordance with generally accepted accounting principles, where applicable, principles and shall be subject to certification by the Committee. The Committee; provided, that the Committee shall have the authority to make equitable adjustments to the Performance Goals in recognition of unusual or non-recurring events affecting the Company or any Parent or Subsidiary of the Company or the financial statements of the Company or any Parent or Subsidiary of the Company, Subsidiary, in response to changes in applicable laws or regulations, or to account for items of gain, loss loss, or expense determined to be extraordinary or unusual in nature or infrequent in occurrence or related to the disposal of a segment of a business or related to a change in accounting principles. 2 3
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Performance Goals.
Means means performance goals based on one or more of the following criteria, determined in accordance with generally accepted accounting
principles principles, where applicable: (i) pre-tax income or after-tax income; (ii) earnings including operating income, earnings before or after taxes, earnings before or after interest, depreciation, amortization, or extraordinary or special items; (iii) net income excluding amortization of intangible assets, depreciation and impairment of goodwill and
... intangible assets; (iv) operating income; (v) earnings or book value per share (basic or diluted); (v) (vi) return on assets (gross or net), return on investment, return on capital, or return on equity; (vi) (vii) return on revenues; (vii) (viii) net tangible assets (working capital plus property, plants and equipment) or return on net tangible assets (operating income divided by average net tangible assets); (ix) operating cash flow (operating income plus or minus changes in working capital less capital expenditures); (x) cash flow, free cash flow, cash flow return on investment (discounted or otherwise), net cash provided by operations, or cash flow in excess of cost of capital; (viii) (xi) economic value created; (ix) (xii) operating margin or profit margin; (x) (xiii) stock price or total stockholder return; (xi) (xiv) earnings from continuing operations; (xii) (xv) cost targets, reductions and or savings, productivity and or efficiencies; (xiii) franchise sales targets; and (xiv) (xvi) strategic business criteria, consisting of one or more objectives based on meeting specified market penetration or market share, geographic 4 business expansion, customer satisfaction, employee satisfaction, human resources management, supervision of litigation, information technology, and or goals relating to divestitures, joint ventures and or similar transactions. transactions; or (xvii) any other criteria determined by the Board to be appropriate. Where applicable, the Performance Goals may be expressed in terms of attaining a specified level of the particular criterion or the attainment of a percentage increase or decrease in the particular criterion, and may be applied to one or more of the Company or a Parent or Subsidiary of the Company, or a division or strategic business unit of the Company, all as determined by the Committee. Board. The Performance Goals may include a threshold level of performance below which no payment will be made (or no vesting will occur), levels of performance at which specified payments will be paid (or specified vesting will occur), occur) and a maximum level of performance above which no additional payment will be made (or at which full vesting will occur). Each of the foregoing Performance Goals shall be evaluated in accordance with generally accepted accounting principles, where applicable, and shall be subject to certification by the Committee. Board. The Committee Board shall have the authority to make equitable adjustments to the Performance Goals in recognition of unusual or non-recurring events affecting the Company or any Parent or Subsidiary of the Company or the financial statements of the Company or any Parent or Subsidiary of the Company, in response to changes in applicable laws or regulations, regulations or to account for items of gain, loss or expense determined to be extraordinary or unusual in nature or infrequent in occurrence or related to the disposal of a segment of a business or related to a change in accounting principles.
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Performance Goals.
Means performance goals based on one or more of the following criteria, determined in accordance with generally accepted accounting
principles principles, where applicable: (i) pre-tax income or after-tax income; (ii) earnings including operating income, earnings before or after taxes, earnings before or after interest, depreciation, amortization, or extraordinary or special items; (iii) net income excluding amortization of intangible assets, depreciation and impairment of goodwill and
... intangible assets; (iv) operating income; (v) earnings or book value per share (basic or diluted); (v) (vi) return on assets (gross or net), return on investment, return on capital, or return on equity; (vi) (vii) return on revenues; (vii) (viii) net tangible assets (working capital plus property, plants and equipment) or return on net tangible assets (operating income divided by average net tangible assets); (ix) operating cash flow (operating income plus or minus changes in working capital less capital expenditures); (x) cash flow, free cash flow, cash flow return on investment (discounted or otherwise), net cash provided by operations, or cash flow in excess of cost of capital; (viii) (xi) economic value created; (ix) (xii) operating margin or profit margin; (x) (xiii) stock price or total stockholder return; (xi) (xiv) earnings from continuing operations; (xii) (xv) cost targets, reductions and or savings, productivity and or efficiencies; (xiii) franchise sales targets; and (xiv) (xvi) strategic business criteria, consisting of one or more objectives based on meeting specified market penetration or market share, geographic business expansion, customer satisfaction, employee satisfaction, human resources management, supervision of litigation, information technology, and or goals relating to divestitures, joint ventures and or similar transactions. transactions; or (xvii) any other criteria determined by the Board to be appropriate. Where applicable, the Performance Goals may be expressed in terms of attaining a specified level of the particular criterion or the attainment of a percentage increase or decrease in the particular criterion, and may be applied to one or more of the Company or a Parent parent or Subsidiary subsidiary of the Company, or a division or strategic business unit of the Company, all as determined by the Committee. Board. The Performance Goals may include a threshold level of performance below which no payment will be made (or no vesting will occur), levels of performance at which specified payments will be paid (or specified vesting will occur), occur) and a maximum level of performance above which no additional payment will be made (or at which full vesting will occur). Each of the foregoing Performance Goals shall be evaluated in accordance with generally accepted accounting principles, where applicable, and shall be subject to certification by the Committee. Board. The Committee Board shall have the authority to make equitable adjustments to the Performance Goals in recognition of unusual or non-recurring events affecting the Company or any Parent parent or Subsidiary subsidiary of the Company or the financial statements of the Company or any Parent parent or Subsidiary subsidiary of the Company, in response to changes in applicable laws or regulations, regulations or to account for items of gain, loss or expense determined to be extraordinary or unusual in nature or infrequent in occurrence or related to the disposal of a segment of a business or related to a change in accounting principles.
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Performance Goals.
Means means performance goals based on one or more of the following criteria, determined in accordance with generally accepted accounting principles where applicable: (i)
pre-tax income or after-tax income; (ii) earnings including operating income, earnings before or after taxes, earnings before or after interest,
taxes, depreciation, amortization, or extraordinary or special items;
(ii) net income, before or after extraordinary or special items; (iii)
net income excluding amortization of... intangible assets, depreciation and impairment of goodwill and intangible assets; (iv) earnings or book value per share (basic or diluted); (v) return on assets equity (gross or net), return on investment, return on capital, before or return on equity; (vi) return on revenues; (vii) cash flow, free cash flow, cash flow return on investment (discounted after extraordinary or otherwise), net cash provided by operations, special items; (iv) earnings per share, before or cash flow in excess of cost of capital; (viii) economic value created; (ix) operating margin after extraordinary or profit margin; (x) special items; and (v) stock price or total stockholder return; (xi) earnings from continuing operations; (xii) cost targets, reductions and savings, productivity and efficiencies; (xiii) franchise sales targets; and (xiv) strategic business criteria, consisting of one or more objectives based on meeting specified market penetration or market share, geographic business expansion, customer satisfaction, employee satisfaction, human resources management, supervision of litigation, information technology, and goals relating to divestitures, joint ventures and similar transactions. price. Where applicable, the Performance Goals may 4 be expressed in terms of attaining a specified level of the particular criterion or the attainment of a percentage an increase or decrease (expressed as absolute numbers of a percentage) in the particular criterion, and may be applied to one or more of the Company or a Parent or Subsidiary of the Company, or a division or strategic business unit of the Company, all as determined by the Committee. The Performance Goals may include a threshold level of performance below which no payment will be made (or no vesting will occur), levels of performance at which specified payments will be paid (or specified vesting will occur), and a maximum level of performance above which no additional payment will be made (or at which full vesting will occur). Each of the foregoing Performance Goals shall be evaluated in accordance with generally accepted accounting principles, where applicable, and shall be subject to certification by the Committee. The Committee shall have the authority to make equitable adjustments to the Performance Goals in recognition of unusual or non-recurring events affecting the Company or any Parent or Subsidiary of the Company or the financial statements of the Company or any Parent or Subsidiary of the Company, in response to changes in applicable laws or regulations, or to account for items of gain, loss or expense determined to be extraordinary or unusual in nature or infrequent in occurrence or related to the disposal of a segment of a business or related to a change in accounting principles.
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Performance Goals.
Means means performance goals based on one or more of the following criteria, determined in accordance with generally accepted accounting principles where applicable: (i)
pre-tax income or after-tax income; (ii) earnings including operating income, earnings before or after taxes, earnings before or after interest,
taxes, depreciation, amortization, or extraordinary or special items;
(ii) net income, before or after extraordinary or special items; (iii)
net income excluding amortization of... intangible assets, depreciation and impairment of goodwill and intangible assets; (iv) earnings or book value per share (basic or diluted); (v) return on assets equity (gross or net), return on investment, return on capital, before or return on equity; (vi) return on revenues; (vii) cash flow, free cash flow, cash flow return on investment (discounted after extraordinary or otherwise), net cash provided by operations, special items; (iv) earnings per share, before or cash flow in excess of cost of capital; (viii) economic value created; (ix) operating margin after extraordinary or profit margin; (x) special items; and (v) stock price or total stockholder return; (xi) earnings from continuing operations; (xii) cost targets, reductions and savings, productivity and efficiencies; (xiii) franchise sales targets; and (xiv) strategic business criteria, consisting of one or more objectives based on meeting specified market penetration or market share, geographic business expansion, customer satisfaction, employee satisfaction, human resources management, supervision of litigation, information technology, and goals relating to divestitures, joint ventures and similar transactions. price. Where applicable, the Performance Goals may be expressed in terms of attaining a specified level of the particular criterion or the attainment of a percentage an increase or decrease (expressed as absolute numbers of a percentage) in the particular criterion, and may be applied to one or more of the Company or a Parent or Subsidiary of the Company, or a division or strategic business unit of the Company, all as determined by the Committee. The 4 Performance Goals may include a threshold level of performance below which no payment will be made (or no vesting will occur), levels of performance at which specified payments will be paid (or specified vesting will occur), and a maximum level of performance above which no additional payment will be made (or at which full vesting will occur). Each of the foregoing Performance Goals shall be evaluated in accordance with generally accepted accounting principles, where applicable, and shall be subject to certification by the Committee. The Committee shall have the authority to make equitable adjustments to the Performance Goals in recognition of unusual or non-recurring events affecting the Company or any Parent or Subsidiary of the Company or the financial statements of the Company or any Parent or Subsidiary of the Company, in response to changes in applicable laws or regulations, or to account for items of gain, loss or expense determined to be extraordinary or unusual in nature or infrequent in occurrence or related to the disposal of a segment of a business or related to a change in accounting principles.
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Performance Goals.
Means shall mean performance goals
determined by the Committee in its sole discretion. Such goals may be based on one or more of the following criteria, determined in accordance with generally accepted accounting principles where applicable: (i)
pre-tax income or after-tax income; (ii) earnings including operating income, earnings before or after taxes, earnings before or after interest,
taxes, depreciation, amortization, or extraordinary or special items;
(ii) net income, before or after... extraordinary or special items; (iii) net income excluding amortization of intangible assets, depreciation and impairment of goodwill and intangible assets; (iv) earnings or book value per share (basic or diluted); (v) return on assets equity (gross or net), return on investment, return on capital, before or return on equity; (vi) return on revenues; (vii) cash flow, free cash flow, cash flow return on investment (discounted after extraordinary or otherwise), net cash provided by operations, special items; (iv) earnings per share, before or cash flow in excess of cost of capital; (viii) economic value created; (ix) operating margin after extraordinary or profit margin; (x) special items; and (v) stock price or total stockholder return; (xi) earnings from continuing operations; (xii) cost targets, reductions and savings, productivity and efficiencies; (xiii) franchise sales targets; and (xiv) strategic business criteria, consisting of one or more objectives based on meeting specified market penetration or market share, geographic business expansion, customer satisfaction, employee satisfaction, human resources management, supervision of litigation, information technology, and goals relating to divestitures, joint ventures and similar transactions. price. Where applicable, the Performance Goals may be expressed in terms of attaining a specified level of the particular criterion criteria or the attainment of a percentage an increase or decrease in the particular criterion, criteria (expressed in absolute numbers or a percentage), and may be applied to one or more of the Company Company, a subsidiary or a Parent or Subsidiary of the Company, affiliate, or a division or strategic business unit of the Company, or may be applied to the performance of the Company relative to a market index, a group of other companies or a combination thereof, all as determined by the Committee. The Performance Goals may include a threshold level of performance below which no payment will be made (or no vesting will occur), levels of performance at which specified payments will be paid (or specified vesting will occur), and a maximum level of performance above which no additional payment will be made (or at which full vesting will occur). Each Without limiting the generality of the foregoing Performance Goals shall be evaluated in accordance foregoing, to the extent not inconsistent with generally accepted accounting principles, where applicable, and shall be subject to certification by Section 162(m) of the Committee. The Code, the Committee shall have the authority to make equitable adjustments to in the Performance Goals in recognition of unusual or non-recurring events affecting the Company or any Parent or Subsidiary of the Company or the financial statements of the Company or any Parent or Subsidiary of the Company, in response to changes in applicable laws or regulations, or to account for items of gain, loss or expense determined to be extraordinary or unusual in nature or infrequent in occurrence or related to the disposal of a segment of a business or related to a change in accounting principles. The Performance Goals may include a threshold level of performance below which no compensation will be earned, levels of performance at which specified compensation will be earned, and a maximum level of performance beyond which no additional compensation will be earned. Achievement of each of the foregoing Performance Goals shall be subject to certification by the Committee.
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Performance Goals.
Means mean performance goals based on
one or more of any criteria as determined by the
following criteria, determined in accordance with generally accepted accounting principles where applicable: (i) pre-tax income or after-tax income; (ii) earnings including operating income, earnings before or after taxes, earnings before or after interest, depreciation, amortization, or extraordinary or special items; (iii) net income excluding amortization of intangible assets, depreciation and impairment... of goodwill and intangible assets; (iv) earnings or book value per share (basic or diluted); (v) return on assets (gross or net), return on investment, return on capital, or return on equity; (vi) return on revenues; (vii) cash flow, free cash flow, cash flow return on investment (discounted or otherwise), net cash provided by operations, or cash flow in excess of cost of capital; (viii) economic value created; (ix) operating margin or profit margin; (x) stock price or total stockholder return; (xi) earnings from continuing operations; (xii) cost targets, reductions and savings, productivity and efficiencies; (xiii) franchise sales targets; and (xiv) strategic business criteria, consisting of one or more objectives based on meeting specified market penetration or market share, geographic business expansion, customer satisfaction, employee satisfaction, human resources management, supervision of litigation, information technology, and goals relating to divestitures, joint ventures and similar transactions. Committee. Where applicable, the Performance Goals may be expressed in terms of a relative measure against a set of identified peer group companies, attaining a specified level of the particular criterion or the attainment of a percentage increase or decrease in the particular criterion, and may be applied to one or more of the Company or a Parent or Subsidiary an Affiliate of the Company, or a division or strategic business unit of the Company, all as determined by the Committee. The Performance Goals may include a threshold level of performance below which no payment Performance Award will be made (or issued or no vesting will occur), occur, levels of performance at which specified payments Performance Awards will be paid (or issued or specified vesting will occur), occur, and a maximum level of performance above which no additional payment issuances will be made (or or at which full vesting will occur). occur. Each of the foregoing Performance Goals shall be evaluated in an objectively determinable manner and in accordance with generally accepted accounting principles, principles where applicable, unless otherwise specified by the Committee, and shall be subject to certification by the Committee. The Committee B-3 shall have the authority to make equitable adjustments to the Performance Goals in recognition of unusual or non-recurring events affecting the Company or any Parent or Subsidiary of the Company Affiliate or the financial statements of the Company or any Parent or Subsidiary of the Company, Affiliate, in response to changes in applicable laws or regulations, or to account for items of gain, loss or expense determined to be extraordinary or unusual in nature or infrequent in occurrence or related to the disposal of a segment of a business or related to a change in accounting principles.
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