Sentences with phrase «upon the performance of»

If Wall Street analysts are to be believed, this answer will depend upon the performance of Apple's yet to be revealed, yet unnamed, and yet heavily talked about iPhone 8 / iPhoneX.

Performance Measures may be applied on a pre-tax or post-tax basis, and based upon the performance of Walmart, of any Affiliate, of a division thereof, or other business unit, or of an individual Recipient.

You choose these, of course, but it does mean that the return achieved, and therefore any income, is dependent upon the performance of the portfolio.

Perhaps the best advice is only to hold the position if you are capable of evaluating the business operationally, are convinced that the fundamentals are still attractive, believe the company has a significant competitive advantage, and you are comfortable with the increased dependence upon the performance of a single investment.

Your organization's success depends upon the performance of each and every staff member.

In addition, each location is rated annually based upon the performance of the people it serves.

The TLX makes it here with an asterisk because while Acura's TLX has yet to be formally named to the list as of this writing, we're confident it will qualify based upon the performance of its predecessor, the 2014 Acura TL.

In case a share class is created after the fund's launch date, a simulated past performance is used, based upon the performance of an existing share class within the fund, taking into account the difference in the ongoing charges and the portfolio transaction costs, and including the impact of any performance fees if applicable.

Many indexed annuities credit interest annually based upon the performance of an index, limited to an annual cap rate.

The Fund's performance depends in part upon the performance of the funds» investment advisor, the strategies and instruments used by the funds, and the Advisor's ability to select funds and effectively allocate Fund assets among them.

Fixed interest rate annuities provide that the contract earns interest during the accumulation period at a rate of interest set by the insurance company based upon the performance of the company's general portfolio account.

Since they depend upon the performance of select sectors only, these schemes are inherently more risky than general schemes.

A fixed indexed annuity allows for additional growth opportunity, based upon the performance of an underlying market index, such as the S&P 500 — typically up to a stated cap.

A fixed annuity on which credited interest is based upon the performance of an index, such as the S&P 500.

It would be great to be able to give a definite answer here, but everything really depends upon the performance of your investment portfolio.

However, any allowance claimed for days worked outside New York State must be based upon the performance of services which of necessity, as distinguished from convenience, obligate the employee to out - of - state duties in the service of his employer.

Investment returns will vary depending upon the performance of the Portfolios you choose.

In case a share class is created after the fund's launch date, a simulated past performance is used, based upon the performance of an existing share class within the fund, taking into account the difference in the Total Expense Ratio and including the impact of any performance fees if applicable.

However, notwithstanding the risk management strategies employed by these money managers, certain investment portfolios employed by our money managers present a greater degree of investment risk than others depending upon the performance of the underlying securities.

Exactly what tools you have at your disposal is based upon the performance of your team, so in order to get access to more powerful toys you need to make sure you're being the best Commander you can be.

This technical document aims to present the impacts of climate change upon urban water, particularly upon the performance of the urban water supply, wastewater and storm water infrastructure, through compiling existing studies on climate change and water resources.

SRECs are a type of Performance Based Incentive (PBI)-- a category of incentives that depend upon the performance of the solar system.

Those performance standards will then be directly tied to financial rewards (incentives) or penalties (consequences) depending upon the performance of the attorneys.

Contrast this to a partnership where lawyers are rewarded based upon the performance of their practice area, or even based upon individual performance, rather than the overall practice and success of the organization.

Every public body and its officers, employees and agents acting within the scope of their employment or duties... are immune from liability for... Any claim based upon the performance of or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.

With a variable universal life insurance policy, the return on the policy's cash value is based upon the performance of underlying equity investments such as mutual funds.

Do not offer guaranteed returns and may lose or gain value depending upon the performance of the investments.

Hence, it's always a bit dicey with this fund when it comes to performance as the performance of this fund is dependent upon the performance of its 35 stocks.

The returns in a ULIP depend upon the performance of the fund in the capital market.

A fixed indexed annuity allows for additional growth opportunity, based upon the performance of an underlying market index, such as the S&P 500 — typically up to a stated cap.

Depending upon the performance of the unit linked fund (s) chosen; the policy holder may achieve gains or losses on his / her investments.

The return on this cash value is based upon the performance of an underlying market index, such as the S&P 500.

The amount paid by the dividend payment is dependent upon the performance of the company over the previous year, and the rate paid is multiplied by the existing cash value of the policy.

Whereas a participating whole life policies offer minimum guaranteed returns, with a non-guaranteed potential return based upon company performance, indexed universal life policies offer a maximum guaranteed return based upon the performance of any number of selected market indexes.

Variable means that the cash value balances can fluctuate based upon the performance of those underlying sub accounts.

The value of instalment payable on the date specified shall be subject to investment risk i.e. the NAV may go up or down depending upon the performance of the fund.

The value of installments payable on the date specified shall be subject to investment risk i.e. the NAV may go up or down depending upon the performance of the funds chosen by you.

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission

The report that came out early in the year drew heavily upon the performance of the preceding year to come up with the following on target facts:

Realtors» incomes based upon performance of their contractual obligations are negotiable between individual real estate sales people and consumers vis a vis Brokerages, with Brokerages openly offering different commission structures to members of the consuming public in a freely competitive environment.

Not exact matches

Superlative performance is really a confluence of dozens of small skills or activities, each one learned or stumbled upon, which have been carefully drilled into habit and then fitted together in a synthesized whole.

Clean Harbors believes that Adjusted EBITDA provides additional useful information to investors since the Company's loan covenants are based upon levels of Adjusted EBITDA achieved and management routinely evaluates the performance of its businesses based upon levels of Adjusted EBITDA.

The plan administrator may award stock grants with time - based vesting or vesting upon satisfaction of performance goals and / or other conditions.

Among these conditions is the requirement that the corporation's shareholders approve the performance criteria that must be achieved for the compensation to be payable, and approve either a maximum amount or an objective formula that will determine the maximum amount that may be payable to the Covered Persons upon the achievement of the applicable performance criteria.

The plan administrator may grant stock appreciation rights with time - based vesting or vesting upon satisfaction of performance goals and / or other conditions.

The performance goals upon which the payment or vesting of any Incentive Award (other than Options and stock appreciation rights) that is intended to qualify as Performance - Based Compensation depends shall relate to one or more of the following Performance Measures: market price of Capital Stock, earnings per share of Capital Stock, income, net income or profit (before or after taxes), economic profit, operating income, operating margin, profit margin, gross margins, return on equity or stockholder equity, total shareholder return, market capitalization, enterprise value, cash flow (including but not limited to operating cash flow and free cash flow), cash position, return on assets or net assets, return on capital, return performance goals upon which the payment or vesting of any Incentive Award (other than Options and stock appreciation rights) that is intended to qualify as Performance - Based Compensation depends shall relate to one or more of the following Performance Measures: market price of Capital Stock, earnings per share of Capital Stock, income, net income or profit (before or after taxes), economic profit, operating income, operating margin, profit margin, gross margins, return on equity or stockholder equity, total shareholder return, market capitalization, enterprise value, cash flow (including but not limited to operating cash flow and free cash flow), cash position, return on assets or net assets, return on capital, return Performance - Based Compensation depends shall relate to one or more of the following Performance Measures: market price of Capital Stock, earnings per share of Capital Stock, income, net income or profit (before or after taxes), economic profit, operating income, operating margin, profit margin, gross margins, return on equity or stockholder equity, total shareholder return, market capitalization, enterprise value, cash flow (including but not limited to operating cash flow and free cash flow), cash position, return on assets or net assets, return on capital, return Performance Measures: market price of Capital Stock, earnings per share of Capital Stock, income, net income or profit (before or after taxes), economic profit, operating income, operating margin, profit margin, gross margins, return on equity or stockholder equity, total shareholder return, market capitalization, enterprise value, cash flow (including but not limited to operating cash flow and free cash flow), cash position, return on assets or net assets, return on capital, return on invested

Although the Company's performance for 2007 was in the top quartile compared to its Peer Group and met one of the alternative goals under the Performance Policy, the HRC considered in making its incentive award decisions the fact that the Company did not meet its EPS goal of $ 2.49 (2006 EPS, as originally reported) under the Performance Policy and therefore did not improve upon the EPS results of the performance for 2007 was in the top quartile compared to its Peer Group and met one of the alternative goals under the Performance Policy, the HRC considered in making its incentive award decisions the fact that the Company did not meet its EPS goal of $ 2.49 (2006 EPS, as originally reported) under the Performance Policy and therefore did not improve upon the EPS results of the Performance Policy, the HRC considered in making its incentive award decisions the fact that the Company did not meet its EPS goal of $ 2.49 (2006 EPS, as originally reported) under the Performance Policy and therefore did not improve upon the EPS results of the Performance Policy and therefore did not improve upon the EPS results of the prior year.

Tax withholding obligations could be satisfied by withholding shares to be received upon exercise of an option or stock appreciation right, the vesting of restricted stock, performance share, or stock award, or the payment of a restricted share right or performance unit or by delivery to the Company of previously owned shares of common stock.

We've built our business upon the premise of being able to provide honest, high performance, reliable hosting services for less.

The total return on the portfolio is the only criteria used for judging the performance of the managers of these funds, which translates into an emphasis upon the bottom line in the management of business organizations.»