Common use of Deferred Delivery Clause in Contracts

Deferred Delivery. i. Employee may elect to defer the timing of the payment of the vested portions of the Base Award granted under this Agreement until (A) the date Employee has a separation from service (within the meaning of Internal Revenue Code (“Code”) §409A and the applicable guidance issued thereunder) (“Separation from Service”) or (B) the earlier of Employee’s Separation from Service and January 31, 2012. For the portion of Employee’s Base Award vesting on January 31, 2009, such election must be made no later than July 31, 2008. For all other portions of the Base Award granted under this Agreement, such election must be made no later than December 31, 2008.

Deferred Delivery. i. Employee may elect to defer the timing of the payment of the vested portions of the Base Award granted under this Agreement until (A) the date Employee has a separation from service (within the meaning of Internal Revenue Code (“Code”) §409A and the applicable guidance issued thereunder, as reflected in the Plan) (“Separation from Service”) or (B) the earlier of Employee’s Separation from Service and January 31, 2012. For the portion of Employee’s Base Award vesting on January 31, 2009, such election must be made no later than July 31, 20082013. For all other portions of the Base Award granted under this Agreement, such deferral election must be made no later than December 31February 27, 20082009.

Deferred Delivery. i. Employee may elect to defer the timing of the payment of the vested portions of the Base Award granted under this Agreement until (A) the date Employee has a separation from service (within the meaning of Internal Revenue Code (“Code”) §409A and the applicable guidance issued thereunder, as reflected in the Plan) (“Separation from Service”) or (B) the earlier of Employee’s Separation from Service and January 31, 2012. For the portion of Employee’s Base Award vesting on January 31, 2009, such election must be made no later than July 31, 20082014. For all other portions of the Base Award granted under this Agreement, such deferral election must be made no later than December 31February 26, 20082010.