Common use of Deferral Election and Election Form Clause in Contracts

Deferral Election and Election Form. Director may make an election to defer up to 100% of the Compensation payable to him or her by completing and delivering an election form in the form attached hereto as Exhibit A (the “Election Form”) to the Company. An Election Form delivered to the Company with respect to Cash Compensation shall indicate whether the amount of such Cash Compensation shall be credited to the Director’s Cash Account or Share Unit Account, provided, that if an Election Form delivered to the Company with respect to Cash Compensation does not indicate whether the amount of such Cash Compensation shall be credited to the Director’s Cash Account or Share Unit Account, the amount of such Cash Compensation shall be credited to the Director’s Cash Account. An Election Form effective for Compensation payable to the Director shall be delivered to the Company prior to the first day of the calendar year in which Director is eligible to participate in the Plan and receive such Compensation, except with respect to the Director’s Initial Share Grant, for which an Election Form shall be delivered to the Company within 30 days after the date on which Director first becomes eligible to defer such Compensation and otherwise participate in the Plan. The Election Form shall apply only to Compensation earned and otherwise payable to Director after the end of the calendar year in which such Election Form is delivered to the Company, provided however, that (a) with respect to the Initial Share Grant, or (b) in the case that Director first becomes eligible to participate in the Plan after the first day of a calendar year, Director may make an election and deliver the Election Form to the Company within 30 days after the date on which Director initially became eligible to defer such Compensation and otherwise participate in the Plan. Such an Election Form delivered in the case of (a) or (b) of the preceding sentence will apply only to Compensation earned and otherwise payable after the date on which the Election Form is delivered to the Company. Notwithstanding the above, any Election Form that covers Compensation earned and otherwise payable in calendar year 2006 will apply only to Compensation earned and otherwise payable beginning after , 2006. An Election Form shall be irrevocable for Compensation earned and otherwise payable in the calendar year covered by such election and shall remain in effect for Compensation earned and otherwise payable in subsequent calendar years until a written notice to revise the Election Form is delivered to the Company. The revised Election Form shall apply only to Compensation earned and otherwise payable in calendar years beginning after the last day of the calendar year in which the revised Election Form is delivered to the Company.

Appears in 1 contract

Samples: Director Deferred Compensation Agreement (Alpha NR Holding Inc)

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Deferral Election and Election Form. Director may make an election to defer up to 100% of the Compensation Shares payable pursuant to him or her the Quarterly Share Retainer by completing and delivering an election form (the "Election Form") to the Company. The Election Form shall be in the form attached hereto as Exhibit A (the “Election Form”) to the Company. An Election Form delivered to the Company with respect to Cash Compensation shall indicate whether the amount of such Cash Compensation shall be credited to the Director’s Cash Account or Share Unit Account, provided, that if an Election Form delivered to the Company with respect to Cash Compensation does not indicate whether the amount of such Cash Compensation shall be credited to the Director’s Cash Account or Share Unit Account, the amount of such Cash Compensation shall be credited to the Director’s Cash Account. A. An Election Form effective for Compensation payable to the Director Quarterly Share Retainers shall be delivered to the Company prior to the first day of the calendar year in which Director is eligible to participate in the Plan and receive such Compensation, except with respect to the Director’s Initial Quarterly Share Grant, for which an Election Form shall be delivered to the Company within 30 days after the date on which Director first becomes eligible to defer such Compensation Retainers are earned and otherwise participate in the Planpayable. The Election Form shall apply only to Compensation Quarterly Share Retainers earned and otherwise payable to Director after the end of the calendar year in which such Election Form is delivered to the Company. If, provided however, that (a) with respect to the Initial Share Grant, or (b) in the case that Director first becomes became eligible to participate in the Plan after the first day of a calendar year, Director may make an election and deliver the Election Form to the Company within 30 days after the date on which Director initially became eligible to defer such Compensation Quarterly Share Retainers and otherwise participate in the Plan. Such an Election Form delivered in the case of (a) or (b) of the preceding sentence will apply only to Compensation Quarterly Share Retainers earned and otherwise payable after the date on which the Election Form is delivered to the Company. Notwithstanding the above, any Election Form that covers Compensation Quarterly Share Retainers earned and otherwise payable in calendar year 2006 will apply only to Compensation Quarterly Share Retainers earned and otherwise payable beginning after , 2006the 2006 Annual Meeting of Shareholders. An Election Form shall be irrevocable for Compensation Quarterly Share Retainers earned and otherwise payable in the calendar year covered by such election and shall remain in effect for Compensation Quarterly Retainers earned and otherwise payable in subsequent calendar years until a written notice to revise the Election Form is delivered to the Company. The revised Election Form shall apply only to Compensation Quarterly Share Retainers earned and otherwise payable in calendar years beginning after the last day of the calendar year in which the revised Election Form is was delivered to the Company.

Appears in 1 contract

Samples: Director Deferred Compensation Agreement (American Eagle Outfitters Inc)

Deferral Election and Election Form. Director may make an election to defer up to 100% of the Compensation payable to him or her by completing and delivering an election form in the form attached hereto as Exhibit A (the A(the “Election Form”) to the Company. An Election Form delivered to the Company with respect to Cash Compensation shall indicate whether the amount of such Cash Compensation shall be credited to the Director’s Cash Account or Share Unit Account, ; provided, that if an Election Form delivered to the Company with respect to Cash Compensation does not indicate whether the amount of such Cash Compensation shall be credited to the Director’s Cash Account or Share Unit Account, the amount of such Cash Compensation shall be credited to the Director’s Cash Account. An Election Form effective for Compensation payable to the he Director shall must be delivered to the Company prior to the first day of the calendar year in which Director is eligible to participate in the Plan and receive such Compensation, except with respect to the Director’s Initial Share Grant, for which an Election Form shall be delivered to the Company within 30 days after the date on which Director first becomes eligible to defer such Compensation 's annual service period begins and otherwise participate in the Plan. The Election Form shall apply only to Compensation earned and otherwise payable to Director for service periods beginning after the end of the calendar year in which such Election Form is delivered to the Company. If, provided however, that (a) with respect to the Initial Share Grant, or (b) in the case that Director first becomes is newly eligible to participate in the Plan after Plan, the first day of a calendar year, Director may make an election and deliver the Election Form to the Company within 30 days after the date on which Director initially became eligible to defer such Compensation and otherwise participate in the Plan. Such an ; provided, however, any such Election Form delivered in the case of (a) or (b) of the preceding sentence will apply only to Compensation earned and otherwise payable after the date on which the Election Form is delivered to the Company. Notwithstanding the above, any Election Form that covers Compensation earned and otherwise payable in calendar year 2006 will apply only to Compensation earned and otherwise payable beginning after , 2006. An Election Form shall be irrevocable for Compensation earned and otherwise payable in the calendar year covered by such election and shall will remain in effect from year to year and be irrevocable unless otherwise changed in a timely manner; provided, however, if the Director suffers a disability, receives a distribution on account of Unforeseeable Emergency or dies, the Director's deferral election shall be cancelled. For purposes of this Section, a disability refers to any medically determinable physical or mental impairment resulting in the Director’s inability to perform the duties of his or her position or any substantially similar position, where such impairment can be expected to result in death or can be expected to last for Compensation earned and otherwise payable in subsequent calendar years until a written notice to revise the Election Form is delivered to the Companycontinuous period of not less than six months. The revised A new Election Form shall apply only to Compensation earned and otherwise payable for service periods beginning in calendar years beginning after the last day of the calendar year in which the revised Election Form is delivered to the Company.

Appears in 1 contract

Samples: Director Deferred Compensation Agreement (Alpha Natural Resources, Inc.)

Deferral Election and Election Form. Director may make an election to defer up to 100% of the Compensation payable to him or her by completing and delivering an election form in the form attached hereto as Exhibit A (the “Election Form”) to the Company. An Election Form delivered to the Company with respect to Cash Compensation shall indicate whether the amount of such Cash Compensation shall be credited to the Director’s Cash Account or Share Unit Account, ; provided, that if an Election Form delivered to the Company with respect to Cash Compensation does not indicate whether the amount of such Cash Compensation shall be credited to the Director’s Cash Account or Share Unit Account, the amount of such Cash Compensation shall be credited to the Director’s Cash Account. An Election Form effective for Compensation payable to the he Director shall must be delivered to the Company prior to the first day of the calendar year in which Director is eligible to participate in the Plan and receive such Compensation, except with respect to the Director’s Initial Share Grant, for which an Election Form shall be delivered to the Company within 30 days after the date on which Director first becomes eligible to defer such Compensation 's annual service period begins and otherwise participate in the Plan. The Election Form shall apply only to Compensation earned and otherwise payable to Director for service periods beginning after the end of the calendar year in which such Election Form is delivered to the Company. If, provided however, that (a) with respect to the Initial Share Grant, or (b) in the case that Director first becomes is newly eligible to participate in the Plan after program, the first day of a calendar year, Director may make an election and deliver the Election Form to the Company within 30 days after the date on which Director initially became eligible to defer such Compensation and otherwise participate in the Plan. Such an program; provided, however, any such Election Form delivered in the case of (a) or (b) of the preceding sentence will apply only to Compensation earned and otherwise payable after the date on which the Election Form is delivered to the Company. Notwithstanding the above, any Election Form that covers Compensation earned and otherwise payable in calendar year 2006 will apply only to Compensation earned and otherwise payable beginning after , 2006. An Election Form shall be irrevocable for Compensation earned and otherwise payable in the calendar year covered by such election and shall will remain in effect from year to year and be irrevocable unless otherwise changed in a timely manner; provided, however, if the Director suffers a disability, receives a distribution on account of Unforeseeable Emergency or dies, the Director's deferral election shall be cancelled. For purposes of this Section, a disability refers to any medically determinable physical or mental impairment resulting in the Director’s inability to perform the duties of his or her position or any substantially similar position, where such impairment can be expected to result in death or can be expected to last for Compensation earned and otherwise payable in subsequent calendar years until a written notice to revise the Election Form is delivered to the Companycontinuous period of not less than six months. The revised A new Election Form shall apply only to Compensation earned and otherwise payable for service periods beginning in calendar years beginning after the last day of the calendar year in which the revised Election Form is delivered to the Company.

Appears in 1 contract

Samples: Compensation Agreement (Alpha Natural Resources, Inc.)

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Deferral Election and Election Form. Director may make an election to defer up to 100% of the Compensation payable to him or her by completing and delivering an election form in the form attached hereto as Exhibit A (the “Election Form”) to the Company. An Election Form delivered to the Company with respect to Cash Compensation shall indicate whether the amount of such Cash Compensation shall be credited to the Director’s Cash Account or Share Unit Account, ; provided, that if an Election Form delivered to the Company with respect to Cash Compensation does not indicate whether the amount of such Cash Compensation shall be credited to the Director’s Cash Account or Share Unit Account, the amount of such Cash Compensation shall be credited to the Director’s Cash Account. An Election Form effective for Compensation payable to the he Director shall must be delivered to the Company prior to the first day of the calendar year in which Director is eligible to participate in the Plan and receive such Compensation, except with respect to the Director’s Initial Share Grant, for which an Election Form shall be delivered to the Company within 30 days after the date on which Director first becomes eligible to defer such Compensation 's annual service period begins and otherwise participate in the Plan. The Election Form shall apply only to Compensation earned and otherwise payable to Director for service periods beginning after the end of the calendar year in which such Election Form is delivered to the Company. If, provided however, that (a) with respect to the Initial Share Grant, or (b) in the case that Director first becomes is newly eligible to participate in the Plan after Plan, the first day of a calendar year, Director may make an election and deliver the Election Form to the Company within 30 days after the date on which Director initially became eligible to defer such Compensation and otherwise participate in the Plan. Such an ; provided, however, any such Election Form delivered in the case of (a) or (b) of the preceding sentence will apply only to Compensation earned and otherwise payable after the date on which the Election Form is delivered to the Company. Notwithstanding the above, any Election Form that covers Compensation earned and otherwise payable in calendar year 2006 will apply only to Compensation earned and otherwise payable beginning after , 2006. An Election Form shall be irrevocable for Compensation earned and otherwise payable in the calendar year covered by such election and shall remain in effect for Compensation earned and otherwise payable in subsequent calendar years until a written notice to revise the Election Form is delivered to the Company. The revised Election Form shall apply only to Compensation earned and otherwise payable in calendar years beginning after the last day of the calendar year in which the revised Election Form is delivered to the Company.the

Appears in 1 contract

Samples: Director Deferred Compensation Agreement (Alpha Natural Resources, Inc.)

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