Common use of Deferral of Awards Clause in Contracts

Deferral of Awards. At the time of the grant of an Award, the Company may permit a Participant to elect to: (a) have cash that otherwise would be paid to such Participant as a result of the exercise of an Award credited to a deferred compensation account established for such Participant by the Committee as an entry on the Company’s books; (b) have Shares that otherwise would be delivered to such Participant as a result of the exercise of an Award converted into an equal number of Rights; or (c) have Shares that otherwise would be delivered to such Participant as a result of the exercise of an Award converted into amounts credited to a deferred compensation account established for such Participant by the Committee as an entry on the Company’s books. Such amounts shall be determined by reference to the Fair Market Value of the Shares as of the date on which they otherwise would have been delivered to such Participant. A deferred compensation account established under this Article XXVIII may be credited with interest or other forms of investment return, as determined by the Committee and shall be subject to compliance with Section 409A of the Code. A Participant for whom such an account is established shall have no rights other than those of a general creditor of the Company. Such an account shall represent an unfunded and unsecured obligation of the Company and shall be subject to the terms and conditions of the applicable agreement between such Participant and the Company. If the deferral or conversion of Awards is permitted or required, the Committee may establish rules, procedures and forms pertaining to such Awards, including (without limitation) the settlement of deferred compensation accounts established under this Article XXVIII.

Appears in 2 contracts

Samples: Long Term Incentive Plan (TMS International Corp.), Long Term Incentive Plan (TMS International Corp.)

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Deferral of Awards. At the time of the grant of an Award, the The Company may permit a Participant to elect to: (a) have cash that otherwise would be paid to such Participant as a result of the exercise of an Award credited to a deferred compensation account established for such Participant by the Committee as an entry on the Company’s books; (b) have Shares that otherwise would be delivered to such Participant as a result of the exercise of an Award converted into an equal number of Rights; or (c) have Shares that otherwise would be delivered to such Participant as a result of the exercise of an Award converted into amounts credited to a deferred compensation account established for such Participant by the Committee as an entry on the Company’s books. Such amounts shall be determined by reference to the Fair Market Value of the Shares as of the date on which they otherwise would have been delivered to such Participant. A deferred compensation account established under this Article XXVIII XXX may be credited with interest or other forms of investment return, as determined by the Committee and shall be subject to compliance with Section 409A of the CodeCommittee. A Participant for whom such an account is established shall have no rights other than those of a general creditor of the Company. Such an account shall represent an unfunded and unsecured obligation of the Company and shall be subject to the terms and conditions of the applicable agreement between such Participant and the Company. If the deferral or conversion of Awards is permitted or required, the Committee may establish rules, procedures and forms pertaining to such Awards, including (without limitation) the settlement of deferred compensation accounts established under this Article XXVIIIXXX.

Appears in 1 contract

Samples: Long Term Incentive Plan (Global Immune Technologies Inc.)

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Deferral of Awards. At the time of the grant of an Award, the Company The Committee (in its sole discretion) may permit or require a Participant to elect to: (a) have Have cash that otherwise would be paid to such Participant as a result of the exercise of an Award SAR or the settlement of Stock Units credited to a deferred compensation account established for such Participant by the Committee as an entry on the Company’s books; (b) have Have Common Shares that otherwise would be delivered to such Participant as a result of the exercise of an Award Option or SAR converted into an equal number of RightsStock Units; or (c) have Have Common Shares that otherwise would be delivered to such Participant as a result of the exercise of an Award Option or SAR or the settlement of Stock Units converted into amounts credited to a deferred compensation account established for such Participant by the Committee as an entry on the Company’s books. Such amounts shall be determined by reference to the Fair Market Value of the such Common Shares as of the date on which when they otherwise would have been delivered to such Participant. A deferred compensation account established under this Article XXVIII 12 may be credited with interest or other forms of investment return, as determined by the Committee and shall be subject to compliance with Section 409A of the CodeCommittee. A Participant for whom such an account is established shall have no rights other than those of a general creditor of the Company. Such an account shall represent an unfunded and unsecured obligation of the Company and shall be subject to the terms and conditions of the applicable agreement between such Participant and the Company. If the deferral or conversion of Awards is permitted or required, the Committee (in its sole discretion) may establish rules, procedures and forms pertaining to such Awards, including (without limitation) the settlement of deferred compensation accounts established under this Article XXVIII12.

Appears in 1 contract

Samples: 1996a Stock Plan (Selectica Inc)

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