Delayed Settlement. If the Award is subject to Section 409A of the Code and there is a Delayed Settlement that extends beyond December 31 of the year in which the Award Payment Date occurs, unless Participant timely complies with the notification and enforcement provisions of Treas. Reg. § 1.409A-3(g), the Company has full and sole discretionary authority to modify the Award in order to avoid a violation of Section 409A of the Code.
Delayed Settlement. (i) If the Baskets to be redeemed are not delivered by the time required pursuant to paragraph (e) above, upon the approval of the Sponsor, in the Sponsor’s sole discretion, the Transfer Agent at the direction of the Sponsor shall:
Delayed Settlement. If the aggregate Cash Amount is not delivered on the date required pursuant to paragraph (e) above, upon the approval or at the direction of the Sponsor, in the Sponsor’s sole discretion, the Fund shall issue the aggregate number of Paired Shares corresponding to the Basket(s) subject to the Purchase Order and deliver them, by credit to the account at DTC which the Authorized Participant shall have identified for such purpose in its Purchase Order, simultaneously with receipt of the aggregate Cash Amount on a date that is up to five Business Days following T (“T+5”); provided that by such time and on or before such date the conditions set forth in clauses (i) and (ii) of paragraph (f) above shall have been met. The Sponsor may, in its sole discretion, require the Authorized Participant to pay a fee in connection with any delayed settlement pursuant to this paragraph (g) in such amount as the Sponsor may determine.
Delayed Settlement. Notwithstanding any other provision of this Agreement, if at any time shares are to be issued to you hereunder as a result your Separation from Service and you are at that time a Specified Employee (as defined in Section 15), then no shares shall be issued to you prior to the date that is six months after the date of your separation from service (unless another permitted settlement date intervenes).
Delayed Settlement. The Buyer understands and agrees that the earliest possible Forward Purchase Closing Date is two Business Days after the first Tender Offer Closing Date (expected to be November 13, 2009, unless otherwise extended), which will be more than three Business Days after the date of the Final Memorandum (as defined in the Purchase Agreement). Accordingly, the Buyer understands and agrees that if it seeks to trade Securities after it enters into this Agreement and prior to a Forward Purchase Closing Date, it will be required, by virtue of the fact that the Securities will settle from time to time, to specify an alternative settlement date at the time of any such trade to prevent a failed settlement. The Buyer further understands and agrees that it should also consult its own advisors in this regard.
Delayed Settlement. (a ) We may, in our absolutediscretion:
Delayed Settlement. Delayed Settlement refers to a settlement that does not occur during the next manual settlement round but is instead delayed to a later settlement round. This may be the case if, for example, the total amount of sell orders submitted by the Clients exceeds the total amount of gold Voima has in its refinery partners’ gold accounts. In such a case, Voima needs to ship gold stored in its Helsinki vault to Voima’s refinery partners’ vault in order to settle the trades. Please note that in the unlikely event of your transaction going to a Delayed Settlement, the final Exchange Rate is set at the moment we have manually settled your transaction which may take several days or even weeks, and may differ from the Exchange Rate set at the moment you have placed the order. You understand and agree that you bear all price risks that your transactions may carry. Voima may update the Exchange Rate or refuse to process your transaction due to extreme volatility or for reasons beyond its control.
Delayed Settlement
