13.

Performance Awards

Awards, defined as cash, shares or other awards, may be granted to employees under the Fourth Amended and Restated Equity Incentive Plan. The Award is earned and payable based upon the Company’s relative “Total Shareholder Return” in terms of ranking as compared to the “Peer Group” over a three-year period (the “Performance Period”). Total Shareholder Return is determined by the percentage change in value (positive or negative) over the applicable measurement period as measured by dividing (A) the sum of (I) the cumulative value of dividends and other distributions paid on the Common Stock (or the publicly traded common stock of the applicable Peer Group company) for the applicable measurement period, and (II) the difference (positive or negative) between each such company’s “Starting Stock Price” and “Ending Stock Price,” by (B) the Starting Stock Price. The award is to be paid out at the end of the Performance Period in cash if the employee is employed through the end of the Performance Period. If the employee is not present during the entire Performance Period, the award will be forfeited. These grants were accounted for as cash settlement awards for which the fair value of the award fluctuates based on the change in Total Shareholder Return in relation to the “Peer Group”. Performance awards were granted in November 2013 and 2012 under the Fourth Amended and Restated Equity Incentive Plan. The awards granted in 2013 totaled $1.4 million and specify that payments will be made in cash. Awards granted in 2012 totaled $0.7 million, net of forfeitures of $1.2 million and specify that payments will be made in cash. These 2012 awards will vest in November 2015 and the 2013 awards will vest in 2016. Compensation expense was recognized totaling $0.2 million for the years ended December 31, 2013 and 2012. The expense to be recorded in future periods totals $1.7 million for the unvested portion of the awards.