Common use of Committee Discretion to Accelerate Vesting Clause in Contracts

Committee Discretion to Accelerate Vesting. Notwithstanding any other term or provision of this Agreement, the Board or the Committee shall be authorized, in its sole discretion, based upon its review and evaluation of the performance of the Recipient and of the Company, to accelerate the vesting of any Shares of Restricted Stock under this Agreement, at such times and upon such terms and conditions as the Board or the Committee shall deem advisable, provided that such action does not result in the loss of a tax deduction of the compensation attributable to the vesting of the Shares of Restricted Stock under Section 162(m) of the Internal Revenue Code of 1986, as amended (the “Code”).

Committee Discretion to Accelerate Vesting. Notwithstanding any other term or provision of this Agreement, the Board or the Committee shall be authorized, in its sole discretion, based upon its review and evaluation of the performance of the Recipient and of the Company, to accelerate the vesting of any Shares of Restricted Stock Performance Units under this Agreement, at such times and upon such terms and conditions as the Board or the Committee shall deem advisable, provided that such action does not result in the loss of a tax deduction of the compensation attributable to the vesting of the Shares of Restricted Stock Performance Units under Section 162(m) of the Internal Revenue Code of 1986, as amended (the “Code”).