Issuance of Shares of Stock. Subject to the provisions of Section 5.3 below, the Company shall issue to the Participant, on the Settlement Date with respect to each Unit to be settled on such date, one (1) share of Stock; provided however, that if such Settlement Date is a date on which a sale by the Participant of the Stock to be issued in settlement of such Unit would violate the Xxxxxxx Xxxxxxx Policy of the Company, then the Settlement Date with respect to such Unit shall be the earlier of (a) the next day on which such sale would not violate the Xxxxxxx Xxxxxxx Policy or (b) the last date on which such issuance may be made without incurring accelerated taxation or tax penalties under Section 409A. For purposes of this Section, “Xxxxxxx Xxxxxxx Policy” means the written policy of the Company pertaining to the sale, transfer or other disposition of the Company’s equity securities by members of the Board, Officers or other employees who may possess material, non-public information regarding the Company, as in effect at the time of a disposition of any shares of Stock. Shares of Stock issued in settlement of Units shall not be subject to any restriction on transfer other than any such restriction as may be required pursuant to Section 5.3.
Appears in 4 contracts
Samples: Restricted Stock Units Agreement (E Trade Financial Corp), Restricted Stock Units Agreement (E Trade Financial Corp), Restricted Stock Units Agreement (E Trade Financial Corp)
Issuance of Shares of Stock. Subject to the provisions of Section 5.3 6.3 below, the Company shall issue to the Participant, on the Settlement Date with respect to each Unit to be settled on such date, one (1) share of Stock; provided however, that if such Settlement Date is a date on which a sale by the Participant of the Stock to be issued in settlement of such Unit would violate the Xxxxxxx Xxxxxxx Policy of the Company, then the Settlement Date with respect to such Unit shall be the earlier of (a) the next day on which such sale would not violate the Xxxxxxx Xxxxxxx Policy or (b) the date that is two and one-half (21/2) months following the last date on day of the calendar year in which such issuance may be made without incurring accelerated taxation or tax penalties under Section 409A. Unit became a Vested Unit. For purposes of this Sectionsection, “Xxxxxxx Xxxxxxx Policy” means the written policy of the Company pertaining to the sale, transfer or other disposition of the Company’s equity securities by members of the Board, Officers officers or other employees who may possess material, non-public information regarding the Company, as in effect at the time of a disposition of any shares of Stock. Shares of Stock issued in settlement of Units shall not be subject to any restriction on transfer other than any such restriction as may be required pursuant to Section 5.36.3.
Appears in 3 contracts
Samples: Executive Employment Agreement (Jda Software Group Inc), Executive Employment Agreement (Jda Software Group Inc), Executive Employment Agreement (Jda Software Group Inc)
Issuance of Shares of Stock. Subject to the provisions of Section 5.3 6.3 below, the Company shall issue to the Participant, on the Settlement Date with respect to each Unit to be settled on such date, one (1) share of Stock; provided however, that if such Settlement Date is a date on which a sale by the Participant of the Stock to be issued in settlement of such Unit would violate the Xxxxxxx Ixxxxxx Xxxxxxx Policy of the Company, then the Settlement Date with respect to such Unit shall be the earlier of (a) the next day on which such sale would not violate the Xxxxxxx Ixxxxxx Xxxxxxx Policy or (b) the last date on that is two and one-half (21/2) months following the end of the calendar year in which such issuance may be made without incurring accelerated taxation or tax penalties under Section 409A. Unit became a Vested Unit. For purposes of this Sectionsection, “Xxxxxxx Ixxxxxx Xxxxxxx Policy” means the written policy of the Company pertaining to the sale, transfer or other disposition of the Company’s equity securities by members of the Board, Officers or other employees who may possess material, non-public information regarding the Company, as in effect at the time of a disposition of any shares of Stock. Shares of Stock issued in settlement of Units shall not be subject to any restriction on transfer other than any such restriction as may be required pursuant to Section 5.36.3.
Appears in 1 contract
Samples: Restricted Stock Unit Agreement (Jda Software Group Inc)
Issuance of Shares of Stock. Subject to the provisions of Section 5.3 below, the Company shall issue to the Participant, on the Settlement Date with respect to each Unit to be settled on such date, one (1) share of Stock; provided however, that if such Settlement Date is a date on which a sale by the Participant of the Stock to be issued in settlement of such Unit would violate the Xxxxxxx Xxxxxxx Policy of the Company, then the Settlement Date with respect to such Unit shall be the earlier of (a) the next day on which such sale would not violate the Xxxxxxx Xxxxxxx Policy or (b) the last date on that is two and one-half (2½) months from the end of the calendar year in which such issuance may be made without incurring accelerated taxation or tax penalties under Section 409A. Unit became a Vested Unit. For purposes of this SectionAgreement, “Xxxxxxx Xxxxxxx Policy” means the written policy of the Company pertaining to the sale, transfer or other disposition of the Company’s equity securities by members of the Board, Officers or other employees who may possess material, non-public information regarding the Company, as in effect at the time of a disposition of any shares of Stock. Shares of Stock issued in settlement of Units shall not be subject to any restriction on transfer other than any such restriction as may be required pursuant to Section 5.3.
Appears in 1 contract
Samples: Restricted Stock Units Agreement (Globalstar, Inc.)