Deferral of Distributions. Notwithstanding the distribution dates specified in Section 3(a) above, if the Grantee has previously elected, by providing written notice to the Vice President of Human Resources of the Company on or before December 31 of the year preceding the date of this Agreement to defer receipt of all or a portion of the Shares represented by the DSUs scheduled to vest on such vesting date until a date (the “Deferred Distribution Date”) that is at least one year following the scheduled vesting date but not more than ten (10) years following the Grant Date. If Grantee elects to defer receipt of all or a portion of the Shares, Grantee must also specify how Grantee wishes the Shares to be distributed in the event of a Change in Control of the Company (i.e., whether Shares are to be distributed upon the effectiveness of the Change in Control or whether the Shares or rights attendant thereto are to be received in accordance with the deferral election). Each election made pursuant to their Section 3(b) shall be irrevocable and not subject to further deferral.
Deferral of Distributions. The Partnership may defer paying Scheduled Distributions on any Scheduled Distribution Payment Date if the Committee so determines in its sole discretion, but so long as any Distribution Arrearage remains outstanding, except as set forth in Section 5.5(a)(iv) of the Partnership Agreement and Section 4.1 of this Schedule C, the Partnership will be prohibited from paying distributions on (i) its OPIs or (ii) preferred partnership interests that may be issued in the future other than pro rata based on the redemption amount of such preferred partnership interests, except for distributions (A) on OPIs consisting solely of OPIs, (B) on securities that rank pari passu or junior to the PPIs, in securities that rank pari passu or junior to the PPIs, respectively, or (C) on securities that rank senior to the PPIs.
Deferral of Distributions. Notwithstanding the distribution dates specified in Section 3(a) above, you may elect, on or before April 30, 2004, to defer receipt of all or a portion of your Shares until a later date. Specifically, you may elect to defer receipt of all or a portion of your Shares until one of the following dates (such election being referred to in this Agreement as your “Deferral Election”):
(i) the 5th anniversary of the Date of Grant (January 13, 2009),
(ii) the 10th anniversary of the Date of Grant (January 13, 2014),
(iii) the termination of your employment with the Company and its Subsidiaries,
(iv) the earlier of the 5th anniversary of the Date of Grant or the termination of your employment with the Company and its Subsidiaries, or
(v) the earlier of the 10th anniversary of the Date of Grant or the termination of your employment with the Company and its Subsidiaries. If you elect to defer receipt of all or a portion of your Shares until one of the above dates, you must also specify how you wish your Shares to be distributed in the event of a Change in Control. Specifically, you must indicate whether, in the event of a Change in Control, you wish to override your previous Deferral Election and receive your Shares upon the Change in Control, or continue to receive your Shares in accordance with your initial Deferral Election. YOU MUST SUBMIT THE ATTACHED ELECTION FORM INDICATING WHETHER YOU WISH TO DEFER. YOUR ELECTION TO DEFER RECEIPT OF ALL OR A PORTION OF YOUR SHARES CAN ONLY BE MADE BY TIMELY SUBMITTING THE ATTACHED ELECTION FORM. EVEN IF YOU DO NOT WISH TO DEFER RECEIPT OF YOUR SHARES, YOU STILL MUST SUBMIT AN ELECTION FORM. ALL ELECTION FORMS MUST BE RECEIVED BY THE COMPANY ON OR BEFORE APRIL 30, 2004. If you elect to defer receipt of less than 100% (the “Deferred Distribution Percentage”) of your Shares, you will receive as soon as practicable after each vesting date the remaining percentage of the Shares represented by the DSUs that vested on such date. If such number would result in the right to receive a fractional share, the number of shares to be issued shall be decreased to the next lower number of whole shares. For purposes of this Agreement, (i) the deferred distribution date that you elect is referred to as the “Deferred Distribution Date,” and (ii) the period between the date that any DSU vests and the Deferred Distribution Date for the Shares represented by that DSU is referred to as a “Deferral Period”.
Deferral of Distributions. Notwithstanding the foregoing provisions of this Agreement to the contrary, the Participant may elect to defer receipt of Option gains, and defer the Interim Distributions and Final Distribution otherwise provided in paragraph 7, as provided for and in accordance with the provisions of the Corporate Resource Deferral Plan.
Deferral of Distributions. Notwithstanding the foregoing, no distributions may be made by the Company prior to the release to WRI of the second installment of the Equity Payment from escrow pursuant to Section 4.1 of the Absaloka Purchase Agreement. The Company shall make an initial distribution, to the extent of Cash Available for Distribution, within ten (10) days of such release (the “Initial Distribution”). Any Cash Available for Distribution prior to the date described in the previous sentence may be loaned to WRI or WRI Sub at an interest rate equal to the applicable federal rate, compounded quarterly. Any such loan must be repaid concurrent with the Initial Distribution.
Deferral of Distributions. Notwithstanding the foregoing, any distribution payable to a Participant under a PSP Award may be deferred by the Participant under the Deferred Compensation Plan, provided that the Participant files a deferral election with the Company no later than six (6) months prior to the end of the shortest Performance Period applicable to such PSP Award, or such earlier time as may be prescribed by the Deferred Compensation Plan. If such an election is made, the benefit that is deferred and later paid in the form of Shares will be paid from the Equity Incentive Plan.
Deferral of Distributions. Notwithstanding the distribution dates specified in Section 3(a) above, Grantee may elect, by providing written notice to the Vice President of Human Resources of the Company not less than ninety (90) days prior to a scheduled vesting date, to defer receipt of all or a portion of the Shares represented by the DSUs scheduled to vest on such vesting date until a date (the "Deferred Distribution Date") that is at least one year following the scheduled vesting date but not more than ten (10) years following the Grant Date. Grantee may also subsequently elect to postpone further receipt of Shares scheduled to be delivered on a Deferred Distribution Date by providing written notice to the Vice President of Human Resources of the Company not less than ninety (90) days prior to such Deferred Distribution Date. Such subsequent deferral may only be to a date that is at least one year after the pending Deferred Distribution Date but before the tenth anniversary of the Grant Date. If Grantee elects to defer receipt of all or a portion of the Shares, Grantee must also specify how Grantee wishes the Shares to be distributed in the event of a Change in Control of the Company (i.e., whether Shares are to be distributed upon the effectiveness of the Change in Control or whether the Shares or rights attendant thereto are to be received in accordance with the deferral election). Each election made pursuant to their Sction 3(b) shall be irrevocable, subject to further deferral.
Deferral of Distributions. Notwithstanding any provisions of the Plan to the contrary, in the case of a complete discontinuance of contributions to the Plan or of a complete or partial termination of the Plan, the Committee may defer any distribution of benefit payments to Participants and Beneficiaries with respect to whom such discontinuance or termination applies until after the following have occurred:
(a) Receipt of a final determination from the Treasury Department or any court of competent jurisdiction regarding the effect of such discontinuance or termination on the qualified status of the Plan under Code §401(a).
(b) Appropriate adjustments of Accounts to reflect taxes, costs, and expenses, if any, incident to such discontinuance or termination.
Deferral of Distributions. Notwithstanding anything in this Agreement to the contrary, any cash distribution to which a Deferring Limited Partner is otherwise entitled under Section 5.1A shall be deferred until such Deferring Limited Partner provides written notice (a “Deferred Distribution Termination Notice”) to the General Partner that such Deferring Limited Partner no longer desires to have cash distributions deferred pursuant to this Section 5.1D. Commencing five (5) Business Days after the receipt of a Deferred Distribution Termination Notice, the applicable Deferring Limited Partner shall participate in receiving its pro rata share of any future cash distributions payable pursuant to Section 5.1A. Subject to Section 5.2, any such Deferred Distribution Amount shall be paid to such Partner from available cash as determined by the General Partner after giving consideration to the operating expenses and other obligations of the Partnership at the time of the distribution (“Available Cash”). In the event that there is insufficient Available Cash to pay the entire Deferred Distribution Amount after receipt of the Deferred Distribution Termination Notice, the Deferring Limited Partner will receive quarterly payments to the extent of Available Cash as determined by the General Partner until the Deferred Distribution Amount is paid in full. For the avoidance of doubt, the General Partner shall not make any payment of any Deferred Distribution Amount if the Partnership would not be able to make distributions pursuant to Section 5.1A sufficient to enable the Company to pay stockholder dividends that will allow the Company to (i) meet its distribution requirement for qualification as a REIT as set forth in Section 857 of the Code and (ii) other than to the extent the Company elects to retain and pay income tax on its net capital gain, avoid or reduce any U.S. federal income or excise tax liability imposed by the Code.
Deferral of Distributions
