Deferred Settlement. 1. At its sole discretion, CMS may offer the ACO the option to defer settlement for a period not to exceed 180 Days (“Deferred Settlement”). The ACO shall make any such selection in a form and manner and by a deadline specified by CMS.
2. As a condition of Deferred Settlement, CMS may require the ACO, by a date determined by CMS, to increase the amount and duration of its financial guarantee under Section 12.05 in an amount and for a duration determined by CMS.
Deferred Settlement. The Grantee may elect to defer any Settlement Date set forth in Section 2(a), subject to the terms and conditions set forth in Section 9.6 of the Plan.
Deferred Settlement. At its sole discretion, CMS may offer the DCE the option to defer settlement for a period not to exceed 180 Days (“Deferred Settlement”). The DCE shall make any such selection in a form and manner and by a deadline specified by CMS.
Deferred Settlement. (a) The settlement of any fully vested Restricted Stock Units shall be automatically deferred until the date (i) the Participant experiences a “separation from service” as defined under Treas. Reg. §1.409A-1(h) promulgated under Section 409A of the Code (“Section 409A”), (ii) an event described in Treas. Reg. §1.409A-3(i)(5) promulgated under Section 409A, including a change in the ownership or effective control of the Corporation, or (iii) the Participant’s death (the “Payment Event”). The Corporation shall determine when the Participant has experienced a “separation from service” for purposes of Section 409A of the Code.
(b) Upon the Payment Event, (i) the Corporation shall cause a number of shares of Common Stock equal to the number of fully vested Restricted Stock Units to be issued to the Participant in book entry form and registered in the name of the Participant, but not before the Participant has made arrangements satisfactory to the Corporation for tax withholding (as required by Section 5 below) and (ii) the Corporation shall distribute to the Participant a cash payment equal to the fully vested dollar amount then accumulated in his vested account, as described in Section 7. Evidence of ownership of such shares of Common Stock and any cash distribution shall be delivered to the Participant (or to his or her designated nominee) within sixty (60) days following the Payment Event. Once shares of Common Stock have been issued, the corresponding vested Restricted Stock Units shall be considered cancelled and shall be of no further force or effect.
(c) Notwithstanding the foregoing, if the Participant is a “specified employee” within the meaning of section 409A of the Code at the time of a Payment Event, if the Payment Event is a result of such Participant’s “separation from service” (within the meaning of Section 409A of the Code) as determined by the Corporation, other than due to such Participant’s death, then any fully vested Restricted Stock Units will be settled within 30 days following the date which is six (6) months and one (1) day following the date of the Participant’s “separation from service.”
(d) Prior to the settlement of any fully vested Restricted Stock Units, such Restricted Stock Units will represent an unfunded and unsecured obligation of the Corporation, payable only from the general assets of the Corporation to the extent and under the terms set forth in this Agreement.
Deferred Settlement. Settlement of the Award shall be deferred until [____] (the “Fixed Settlement Date”). Notwithstanding the foregoing, upon (i) the Participant’s termination of Continuous Service (provided that such termination constitutes a “separation from service” within the meaning of Code Section 409A and the regulations promulgated thereunder), (ii) death or disability (as defined in Treasury Regulation Section 1.409A-3(i)(4)) or (iii) the consummation of a Covered Transaction (provided that such Covered Transaction constitutes a “change in the ownership or effective control” of the Company or a “change in the ownership of a substantial portion of the assets” of the Company, in each case within the meaning of Code Section 409A and the regulations promulgated thereunder) (any such date, the “Termination/Transaction Settlement Date”), the vested portion of the Award shall be settled as soon as reasonably practicable following the date of such termination, death, disability or Covered Transaction, but in no event more than thirty (30) days following such date; provided, however, that if the Participant is terminated for Cause (as defined below) during any such deferral period, the entire Award (including both the vested and unvested portions) shall be immediately forfeited with no compensation due to the Participant. Each of the Fixed Settlement Date and the Termination/Transaction Settlement Date are sometimes referred to herein as the “Settlement Date.”
Deferred Settlement. Except as set forth in this Section 2, the Special Award shall be subject to the terms and conditions of the Company’s standard form of Restricted Stock Unit Award Agreement; provided, however, that instead of settlement promptly following vesting of the Special Award, settlement of the Special Award shall be deferred and the shares subject to the vested portion of the Special Award shall not be issued to Executive until the date that is six (6) months following the Termination Date (or, if sooner, the date of Executive’s death).
Deferred Settlement. Such number of Shares as is equal to the number of RSUs that vested on the Vesting Date (the “Vested Shares”), subject to Section 4 (Withholding Taxes), shall be issued as soon as administratively practicable following expiration of the Post Vest Holding Period. In no event shall the Vested Shares be issued to the Participant later than the later of (i) 2 1⁄2 months after the end of the Company’s tax year in which the Vesting Date occurs and (ii) 2 1⁄2 months after the end of the Participant’s tax year in which the Vesting Date occurs (the “Short-Term Deferral Period”).
Deferred Settlement. Where applicable, The Company may allow any or all fees receivable or payable to be settled within a time limit (as determined by us at our sole discretion from time to time). The Company shall issue to you invoice(s) regarding the aggregated amount of fees payable by you during the relevant time period together with administrative fees (as applicable). You understand and agree to make full payment of the relevant fees no later than the specified payment due date as shown on our invoice(s). You further understand and agree that in the event of late or default settlement of invoice(s), The Company shall be entitled to: (i) charge you interest and recover from you all relevant costs incurred regarding any such late or default settlement of invoice(s); and (ii) terminate or suspend your relevant account. Restrictions and other Terms and Conditions of ReCube Reusable Tableware Use
Deferred Settlement. (a) If the Settlement Agent (acting on behalf of the International Underwriters) in its sole discretion determines that delivery of any part of the Shares (the number of which shall be no more than the number of the Option Shares) should be made on a date (the “Delayed Delivery Date”) later than the Listing Date, the Settlement Agent may notify STT GDC in writing (i) no later than two business days prior to the Listing Date the number of Shares which will be deferred in delivery to STT GDC (the “Deferred Shares”) and (ii) no later than two business days prior to the actual Delayed Delivery Date, the Delayed Delivery Date, provided that the Delayed Delivery Date shall be no later than five business days following the last day on which the Over-allotment Option may be exercised.
(b) Unless otherwise agreed in writing by the Company, STT GDC and the Settlement Agent, the delivery of the Deferred Shares to STT GDC will be made through the facilities of Hong Kong Securities Clearing Company Limited for credit to such account or accounts in the Central Clearing and Settlement System designated by STT GDC in writing.
Deferred Settlement
