Deferral Rights. Notwithstanding any other provision of this Agreement, the Recipient may elect to defer the receipt of the Shares upon the occurrence of any applicable Vesting Date until such times as are approved by the Committee and are set forth in the Recipient’s applicable deferral election form. All deferral elections made by the Recipient pursuant to this Section 6 shall be made in accordance with (i) the applicable election form provided by the Committee and (ii) Section 409A of the Code. If the Recipient does not timely elect to defer the receipt of Shares pursuant to this Section 6, then such Shares shall be paid to the Recipient in accordance with Sections 2 and 3 of this Agreement.
Deferral Rights. Notwithstanding any other provision of this Agreement, the Recipient may elect to defer the receipt of the shares of Common Stock issuable with respect to the RSUs upon the termination of the Vesting Period until such times as are approved by the Committee and are set forth in the Recipient’s applicable deferral election form. All deferral elections made by the Recipient pursuant to this Section 5 shall be made in accordance with (i) the applicable election form provided by the Committee and (ii) Section 409A of the Internal Revenue Code of 1986, as amended from time to time (the “Code”). If the Recipient does not timely elect to defer the receipt of shares of Common Stock pursuant to this Section 5, then such shares shall be paid to the Recipient in accordance with Section 3(i) or (ii) of this Agreement.
Deferral Rights. Notwithstanding any other provision of this Agreement, the Recipient may elect to defer the receipt of the shares of Common Stock issuable with respect to the RSUs upon the termination of the Vesting Period until such times as are approved by the Committee and are set forth in the Recipient’s applicable deferral election form. All deferral elections made by the Recipient pursuant to this Section 5 shall be made in accordance with (i) the applicable election form provided by the Committee and (ii) Section 409A of the Internal Revenue Code of 1986, as amended from time to time (the “Code”), including Section 1.409A-2(a)(5) of the Treasury Regulations. If the Recipient does not timely elect to defer the receipt of shares of Common Stock pursuant to this Section 5, or if such election is ineffective (as provided for under Section 1.409A-2(a)(5) of the Treasury Regulations), then such shares shall be paid to the Recipient in accordance with Section 3(i) or (ii) of this Agreement.
Deferral Rights. The provisions set forth in clause 9 of Amendment No. 16, as amended by Amendment No. 20, are hereby deleted and replaced by the following quoted provisions: [***] Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
Deferral Rights. Notwithstanding the foregoing, if the Company shall furnish to the Holders requesting a registration statement pursuant to this subsection (b), a certificate signed by the President of the Company stating that in the good faith judgment of the Board of Directors of the Company, it would be seriously detrimental to the Company and its Shareholders for such registration statement to be filed and it is therefore essential to defer the filing of such registration statement, the Company shall have the right to defer such filing for a period of not more than 90 days after receipt of the request of the Initiating Holders; provided, however, that the Company may not utilize this right more than once in a six-month period and twice in the aggregate.
Deferral Rights. Notwithstanding anything to the contrary in this Agreement, Issuer may defer the filing or effectiveness (but not the preparation) of a registration statement required by this Section, and Issuer shall not be required to keep any such registration statement effective or useable for offers and sales of Registrable Securities, to file a post-effective amendment or prospectus supplement with respect to such registration statement or to otherwise supplement or amend any such registration statement or related prospectus, for an aggregate period not to exceed 60 days in any 12-month period in such increments of time that Issuer elects in its sole discretion if either Issuer or any of its Affiliates are then engaged in confidential negotiations or other confidential business activities, disclosure of which would, in the judgment of Issuer based on the advice of counsel, be required in such registration statement, prospectus, or amendment or supplement thereto (but would not be required if Issuer did not make such filing, supplement or amendment or such registration statement was not declared or kept effective and useable), and the general partner of Issuer determines in good faith that such disclosure would be materially detrimental to Issuer and its securityholders or would have a material adverse effect on any such confidential negotiations or other confidential business activities, or Issuer was planning prior to receipt of the Take-Down Request to effect an underwritten public offering for Issuer's account of Issuer's securities of the same class as the Registrable Securities and Issuer expects that the date of the final prospectus or final prospectus supplement, as the case may be, to be used in connection with such public offering will be within 30 days following its receipt of a Take-Down Request. A deferral of the filing, effectiveness, supplement or amendment pursuant to this Section shall be lifted, and Issuer shall make the filing, supplement or amendment, or use its commercially reasonable efforts to cause the registration statement to be declared or kept effective and useable, forthwith if, in the case of a deferral pursuant to clause (i) of the preceding sentence, the negotiations or other activities are disclosed or terminated, or, in the case of a deferral pursuant to clause (ii) of the preceding sentence, the proposed offering for Issuer's account is abandoned or no longer expected by Issuer to be effected within 30 days following its receipt of ...
