(ix) Working capital as a percent of net revenues;
(x) Net cash provided by operating activities;
(xi) Market price per Share;
(xii) Total shareholder return;
(xiii) Key operational measures, which shall be deemed to include new customer origination, customer
penetration, customer satisfaction, employee safety, market share, plant utilization, cost containment, and cost structure reduction;
(xiv) Cash flow or cash flow per share;
(xv)
Reserve value or reserve value per share;
(xvi) Net asset value or net asset value per share;
(xvii) Production volumes; and
(xviii) Product and technology developments and improvements.
measured in each case for the Performance Period (aa) for the Company on a consolidated basis, (bb) for any one or more Affiliates or
divisions of the Company, where appropriate, and/or (cc) for any other business unit or units of the Company or any Affiliate, where appropriate, as defined by the Committee at the time of selection;
provided that
it shall only be
appropriate to measure net earnings per Share and market price per Share on a consolidated basis.
(ff)
Performance Period
shall mean, in relation to Performance Shares or Performance Units, any period for which a Performance Goal or Goals have been established;
provided,
however
, that such period shall not be less than one year.
(gg)
Performance
Share
shall mean any right granted under Section 6(f) of the Plan that will be paid out in cash, as a Share (which, in specified circumstances, may be a Share of Restricted Stock) or as a Restricted Stock Unit, which right is
contingent on the achievement of one or more Performance Goals during a specified Performance Period.
(hh)
Performance Unit
shall mean any right granted under Section
6(f) of the Plan to receive a designated dollar value amount in cash, Shares (which, in specified
circumstances, may be a designated dollar value amount of Shares of Restricted Stock) or Restricted Stock Units, which right is contingent on the achievement of one or more Performance Goals during a specified Performance Period.
(ii)
Permitted Transferee
shall mean (a) a member of the Optionholders
immediate family (child, stepchild, grandchild, parent, stepparent, grandparent, spouse, former spouse, sibling, niece, nephew,
mother-in-law,
father-in-law,
son-in-law,
daughter-in-law,
including adoptive relationships), any person sharing the Optionholders household (other than a tenant or employee), a trust in which these
persons have more than fifty percent (50%) of the beneficial interest, a foundation in which these persons (or the Optionholder) control the management of the assets, and any other entity in which these persons (or the Optionholder) own more than
50% of the voting interests; (b) third parties designated by the Committee in connection with a program established and approved by the Committee pursuant to which Participants may receive a cash payment or other consideration in consideration
for the transfer of a
Non-Qualified
Stock Option; and (c)
other such transferees as may be permitted by the Committee in its sole discretion.
(jj)
Person
shall mean any individual, corporation, partnership, association,
joint-stock company, trust, unincorporated organization, or government or political subdivision thereof.
(kk)
Plan
shall mean the Manitex International, Inc. 2019 Equity Incentive Plan, as amended and/or amended and restated from time to time.
(ll)
Predecessor Plan
shall mean the Second Amended and Restated Manitex International,
Inc. 2004 Equity Incentive Plan, as amended and/or restated.
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