Deferral of Fees. A Director may elect to defer all or a specified percentage of his or her Fees, and may change such percentage by filing a Participation Agreement with the Administrator, which shall be effective as of the first day of the Plan Year which commences after the date such Participation Agreement is filed with the Administrator.
Deferral of Fees. On receipt of a written election by a Director, Xxxxxxxx Federal Savings and Loan Association will establish an accounting record of the fees deferred by such Director. The deferred fees will be recorded as a current operating expense for accounting purposes but will not be deducted by Xxxxxxxx Federal Savings and Loan Association on its income tax returns until the year of actual payment. An unfunded liability for deferred but unpaid fees and accumulated interest will be recorded on the books and records of Xxxxxxxx Federal Savings and Loan Association. Nothing contained herein shall be deemed to create a trust of any kind. No participant shall have any right to receive any current or accumulated deferred compensation or interest for any year until such time as described in Section 6. To the extent that any person, including the participant, acquired a right to receive payments from Xxxxxxxx Federal Savings and Loan Association under the Agreement such right shall be no greater than the right of any unsecured general creditor of Xxxxxxxx Federal Savings and Loan Association. Furthermore, such right may not be pledged, transferred or assigned in whole or in part.
Deferral of Fees. Subject to the terms and conditions of the Agreement, the Bank, the Company and the Director agree to defer payment of fees of which the Director would otherwise be entitled to be paid ("Deferred Fees"), for a period of up to five years from the date thereof.
Deferral of Fees. The Director has elected to defer receipt of Director's fees to be earned during the Deferral Period. Once the Director has executed the Election to Participate Form, a subsequent increase in the Director's fees payable due to an increase in the fee structure shall also be deferred under the provisions of this Agreement, unless the Director directs the Secretary in writing within 10 days after notification of the increase and prior to the right to receive the additional fees that such additional fees are not to be deferred. If Director fees are increased or decreased during the Deferral Period, the Compensation payable under Article 3 and Article 4 shall be actuarially determined and evidenced by the Addendum to this Agreement.
Deferral of Fees. F E E S (Rates will be effective on July 1, 2013 through June 30, 2014*)
Deferral of Fees. (i) Notwithstanding the provisions of Sections 7(b) and 7(h) with respect to the Asset Management Fee, Multifamily Property Management and Leasing Fee, the Retail Management Fee, the Retail Leasing Fee and the General and Administrative Expenses Fee (the "Deferrable Fees"), the Manager, on behalf of itself and its affiliates, and its and their respective successors and assigns, hereby agrees that it may defer all or a portion of the Deferrable Fees with respect to all or any portion of the Company's assets, as determined by the Investment Committee of the Manager. The Manager agrees to promptly deliver to the Company written notice of any deferral of the Deferrable Fees.
(ii) Upon a Capital Transaction (as defined in the Partnership Agreement) with respect to any asset of the Company, all deferred fees with respect to such asset shall become due and payable to the extent the Net Sale Proceeds (as defined in the Partnership Agreement) for such Capital Transaction exceed the Allocable Capital Contributions (as defined in the Partnership Agreement) for such asset plus a cumulative, non-compounded rate of return equal to seven percent (7%) per annum on such Allocable Capital Contributions.
(iii) The Manager acknowledges and agrees that no interest shall accrue on the deferred amounts. To the extent payment of any deferred amount is due to the Manager hereunder, the Company or PACOP shall pay the Manager no later than the last business day of the month in which the amount of such payment is determined, or the first business day of the following month.
Deferral of Fees. This Deferral with respect to Fees is effective for the Plan Year beginning June 12, 1997 and ending December 31, 1997. I elect to defer from my: Meeting and Total Retainer Annual Retainer Other Fees and Other Fees Payable in Cash Payable in Cash Payable in Cash --------------- --------------- --------------- $_______________ or $______________ or $______________ ---------------% --------------% --------------% _______________ (total) ______________ (total) ______________ (total) I understand that I can change these amounts by filing a new Participation Agreement, which will take effect as of the first day of the next Plan Year.
Deferral of Fees. (i) Notwithstanding the provisions of Sections 7(b) and 7(h) with respect to the Asset Management Fee, Multifamily Property Management and Leasing Fee, the Retail Management Fee, the Retail Leasing Fee and the General and Administrative Expenses Fee (the "Deferrable Fees"), the Manager, on behalf of itself and its affiliates, and its and their respective successors and assigns, hereby agrees that it may defer all or a portion of the Deferrable Fees with respect to all or any portion of the Company's assets, as determined by the Manager (any fees so deferred, "Deferred Fees"). The Manager agrees to promptly deliver to the Company written notice of any deferral of the Deferrable Fees.
(ii) Upon a Capital Transaction (as defined in the Partnership Agreement) with respect to any asset of the Company, all Deferred Fees with respect to such asset shall become due and payable to the extent the Net Sale Proceeds (as defined in the Partnership Agreement) for such Capital Transaction exceed the Allocable Capital Contributions (as defined in the Partnership Agreement) for such asset plus a cumulative, non-compounded rate of return equal to seven percent (7%) per annum on such Allocable Capital Contributions. To the extent payment of any Deferred Fees is due to the Manager pursuant to this Section 7(j)(ii), the Company shall pay or cause to be paid to the Manager such Deferred Fees at the closing of the Capital Transaction giving rise to such payment.
(iii) Upon a Termination Without Cause pursuant to Section 11, or a termination pursuant to Section 13, all Deferred Fees shall become immediately due and payable to Manager. To the extent payment of any Deferred Fees is due the Manager pursuant to this Section 7(j)(iii), the Company shall pay or cause to be paid to the Manager on the date the event giving rise to the payment obligation arises (e.g., the date on which the Termination Without Cause or other termination occurs).
(iv) The Manager acknowledges and agrees that no interest shall accrue on any Deferred Fees.
Deferral of Fees. Notwithstanding the terms of the Existing MidCap Revolving Line Agreement or the Existing Midcap Term Loan Agreement, the Deferred Termination Fee owing to Bank upon the termination of such agreements shall be immediately due and payable by Borrower to Bank upon the occurrence of an Early Termination Event. Borrower shall pay the Deferred Termination Fee to Bank in connection with the payoff of the Existing Midcap Loans, and Bank shall, within five (5) Business Days thereafter, return the Deferred Termination Fee to Borrower provided that no Early Termination Event has occurred.
Deferral of Fees. Notwithstanding the provisions of Sections 7(c)(A)-(F) with respect to the Market Rate Fees (the "Deferrable Fees"), the Manager, on behalf of itself and its Affiliates, and its and their respective successors and assigns, hereby agrees that it may defer all or a portion of the Deferrable Fees with respect to all or any portion of the Real Estate Assets, as determined by the Manager (any fees so deferred, "Deferred Fees") but only with the mutual written agreement and consent of CDS. Upon a Capital Event Transaction with respect to any Real Estate Asset or upon Termination without Cause, all such Deferred Fees shall immediately become due and payable.