Seagate 2009 Annual Report Download - page 179

2.32 “Plan” means this 2004 Share Compensation Plan of Seagate Technology Public Limited Company.
2.33 “Qualifying Performance Criteria” means any one or more of the following performance criteria, or derivations of such
performance criteria, either individually, alternatively or in any combination, applied to either the Company as a whole or to a business unit or
subsidiary, and measured either annually or cumulatively over a period of years, on an absolute basis or relative to a pre-established target, to
previous years’ results or to a designated comparison group, in each case as specified by the Committee: (a) pre- and after-tax income; (b) net
income (before or after taxes); (c) operating income; (d) net earnings; (e) net operating income (before or after taxes); (f) operating margin; (g)
gross margin; (h) cash flow; (i) earnings per share; (j) return on equity; (k) return on assets, investments or capital employed; (l) pre-tax profit;
(m) revenue; (n) market share; (o) cash flow (before or after dividends); (p) cost reductions or savings; (q) funds from operations; (r) total
shareholder return; (s) share price; (t) earnings before any one or more of the following items: interest, taxes, depreciation or amortization; (u)
market capitalization; (v) economic value added; (w) operating ratio; (x) product development or release schedules; (y) new product innovation;
(z) cost reductions; (aa) implementation of our critical processes or projects; (bb) customer service or customer satisfaction; or (cc) product
quality measures.
2.34 “Restricted Share Bonus” means a grant of Ordinary Shares subject to the provisions of Section 8.1 of the Plan.
2.35 “Restricted Share Purchase Right” means the right to acquire Ordinary Shares upon the payment of the agreed-upon monetary
consideration, subject to the provisions of Section 8.2 of the Plan.
2.36 “Restricted Share Unit” means the right to receive the value of one (1) Ordinary Share at the time the Restricted Share Unit
vests, with the further right to elect to defer receipt of that value otherwise deliverable upon the vesting of an award of restricted share units to
the extent permitted in the Participant’s agreement. These Restricted Share Units are subject to the provisions of Section 8.5 of the Plan.
2.37 “Rule 16b-3” means Rule 16b-3 promulgated under the Exchange Act or any successor to Rule 16b-
3, as in effect from time to
time.
2.38 “Securities Act” means the U.S. Securities Act of 1933, as amended.
2.39 “Share Appreciation Right” means the right to receive an amount equal to the Fair Market Value of one (1) Ordinary Share on
the day the Share Appreciation Right is redeemed, reduced by the deemed exercise price or base price of such right, subject to the provisions of
Section 8.3 of the Plan.
2.40 “Share Award” means any Option award, Restricted Share Bonus award, Restricted Share Purchase Right award, Share
Appreciation Right award, Phantom Share Unit award, Restricted Share Unit award, Performance Share Bonus award, Performance Share Unit
award, or