Common use of Fractional Amount Clause in Contracts

Fractional Amount. Notwithstanding anything in this Agreement to the contrary, to the extent the number of shares of Common Stock to be issued pursuant to Paragraph 5(d)(i) and/or Paragraph 5(d)(ii)(B), as the case may be, does not equal a whole number of shares, the Company shall increase the number of shares issued for purposes of Paragraph 5(d)(i) and/or Paragraph 5(d)(ii)(B), as the case may be, to the next whole number of shares. The Fractional Amount shall not be subject to the Deferral Election or Re-Deferral Election, if any, you made pursuant to Paragraph 4 and shall be (x) reported as ordinary income for the calendar year in which such shares are issued and (y) remitted by the Company to the taxing authorities on your behalf to be applied to federal, state, local and foreign withholding obligations imposed on the Company with respect to compensation paid to you during the calendar year(s) in which such shares are issued.

Fractional Amount. Notwithstanding anything in this Agreement to the contrary, to the extent the number of shares of Common Stock to be issued pursuant to Paragraph 5(d)(i) and/or and Paragraph 5(d)(ii)(B), as the case may be, does not equal a whole number of shares, the Company shall increase the number of shares issued for purposes of Paragraph 5(d)(i) and/or and Paragraph 5(d)(ii)(B), as the case may be, to the next whole number of shares. The Fractional Amount shall not be subject to the Deferral Election or Re-Deferral Election, if any, you made pursuant to Paragraph 4 and shall be (x) reported as ordinary income for the calendar year in which such shares are issued and (y) remitted by the Company to the taxing authorities on your behalf to be applied to federal, state, local and foreign withholding obligations imposed on the Company with respect to compensation paid to you during the calendar year(s) in which such shares are issued.