Common use of Delivery of Shares or Cash Clause in Contracts

Delivery of Shares or Cash. (a) Within thirty (30) days following the date on which both the time and the performance vesting criteria have been met with respect to PSUs, the Participant shall receive the number of shares of Common Stock that correspond to the number of PSUs that have become vested on the applicable vesting date or, in the sole discretion of the Committee, an amount in cash equal to the Fair Market Value of a share of Common Stock on the date of vesting for each PSU. Whether payment is made in the form of Common Stock or cash, or a combination thereof, shall be determined in the sole discretion of the Committee.

Delivery of Shares or Cash. (a) Within thirty (30) days following the date on which both the time and the performance vesting criteria have been met with respect to PSUs, the Participant shall receive the number of 500,000 shares of Common Stock that correspond (subject to the number of PSUs that have become vested on the applicable vesting date adjustment under Section 12) or, in the sole discretion of the Committee, an amount in cash equal to the Fair Market Value of a share such shares of Common Stock on the date of vesting for each PSUvesting. Whether payment is made in the form of Common Stock or cash, or a combination thereof, shall be determined in the sole discretion of the Committee.