TSR Factor. Shall be determined as follows after giving effect to subparagraphs (i)-(iii) below: If, as of the Measurement Date, the Company's TSR ranks last among the TSRs of the Company and the Peer Group Companies and (x) the Company's 90-Day Stock Price is less than $11.00, the Committee may, in its sole discretion, reduce the number of otherwise Earnable Restricted Stock Units to any number but not below zero (0) or (y) the Company's 90-Day Stock Price is $11.00 or greater, the Committee may, in its... sole discretion, reduce the number of Earnable Restricted Stock Units by up to seventy-five percent. 8 (i) If the common stock of any company included in the Peer Group Companies ceases to be publicly traded during the Measurement Period on or prior to November 1, 2013, such company shall be excluded from the final TSR Factor calculation. (ii) If the common stock of any company included in the Peer Group Companies ceases to be publicly traded during the Measurement Period after November 1, 2013 (a "Non-Public Peer Group Company"), for purposes of determining the Company's TSR as compared to such Non-Public Peer Group Company's TSR, the TSRs of both such companies shall be measured as of the Last Trading Day of the applicable Non-Public Peer Group Company. (iii) If, as of the Measurement Date, the number of companies remaining in the Peer Group Companies is fewer than three due to the application of subparagraph (i) above, in lieu of measuring the Company's TSR against the TSRs of the Peer Group Companies, the TSR Factor shall be determined based on the Company's TSR percentile ranking among the TSRs for the companies comprising the Russell 2000 Index as follows: If, as of the Measurement Date, the Company's TSR percentile ranking among the TSRs for the companies comprising the Russell 2000 Index as of the Measurement Date is in the bottom quartile of the Russell 2000 Index, and (A) the Company's 90-Day Stock Price is less than $11.00, the Committee may, in its sole discretion, reduce the number of Earnable Restricted Stock Units to any number but not below zero (0) or (B) the Company's 90-Day Stock Price is $11.00 or greater, the Committee may, in its sole discretion, reduce the number of Earnable Restricted Stock Units by up to seventy-five percent.View More
