Partial Vesting. If a partial RSU would be earned on any date, the total number of RSUs earned on such date shall be rounded up to the nearest whole RSU.
Partial Vesting. In the event that the Grantee’s employment with the Company or any affiliate terminates due to Retirement (as hereinafter defined) prior to the date on which the Option would have become fully vested pursuant to the vesting schedule set forth in G. above:
(i) the Option will become partially vested on the date on which the Option would become fully vested pursuant to the vesting schedule set forth in G. above without regard to termination of the Grantee’s employment prior to such date (the “Partial Vesting Date”), with the vested percentage determined by the ratio that the period from the Grant Date to the date of Retirement bears to the period from the Grant Date to the Partial Vesting Date;
(ii) on the date of Retirement, the portion of the Option that will not become vested pursuant to this section H. will immediately expire and terminate; and
(iii) the portion of the Option that becomes vested pursuant to this section H. will expire, terminate and become unexercisable on the first anniversary of the Partial Vesting Date.
Partial Vesting. If Grantee ceases being a member of the Board due to voluntary or involuntary termination prior to Grantee’s rights under this RSU Agreement becoming fully vested, then Shares to the extent vested shall be delivered to Grantee (or the person to whom ownership rights may have passed by will or the laws of descent and distribution), on or as soon as administratively practicable after, 30 days following Grantee’s last day as a member of the Board, provided, however, that delivery of such Shares by reason of Grantee’s ceasing to be a member of the Board shall be delayed until the six (6) month anniversary of the date of Grantee’s ceasing to be a member of the Board to the extent necessary to comply with Code Section 409A(a)(B)(i), and the determination of whether or not Grantee has ceased to be a member of the Board shall be made by the Committee consistent with the definition of “separation from service” (as that phrase is used for purposes of Code Section 409A, and as set forth in Treasury Regulation Section 1.409A-1(h)). The Company shall, without payment from Grantee (or the person to whom ownership rights may have passed by will or the laws of descent and distribution) for the Shares (i) deliver to Grantee (or such other person) a certificate for the Shares being delivered or (ii) if consented to by Grantee (or such other person), deliver electronically to an account designated by Grantee (or such other person) the Shares being delivered, in either case without any legend or restrictions, except for such restrictions as may be imposed by the Committee, in its sole judgment, consistent with the terms of the Plan. The Company may condition delivery of the Shares upon the prior receipt from Grantee (or such other person) of any undertakings which it may determine are required to assure that the Shares being delivered are being issued in compliance with federal and state securities laws. The right to any fractional Shares shall be satisfied in cash, measured by the product of the fractional amount times the fair market value of a Share on the date the Share would otherwise have been delivered, as determined by the Committee. Notwithstanding anything to the contrary herein, in the event of a Change of Control, the Grantee shall receive, at the time that delivery of the Shares is provided for hereunder, the Shares and/or such other property or other consideration as is appropriate so that the Grantee receives, as of such date of delivery, whatever the Grantee w...
Partial Vesting. 1/6th of the Warrant shall vest semi-annually commencing on the date that is six calendar months after the Engagement Letter Date (each such date, a "Partial Vesting Date") provided that at the time of such partial vesting (i) Xxxxxxx Xxxxxx continues to serve as a director on (a) the Board and (b) unless waived by the Company in its sole discretion, the Kyivstar Board, (ii) the Company remains in Control of Kyivstar, other than as a result of a divestiture by the Company of a majority interest in Kyivstar that is approved by the Board, (iii) the Holder is continuing to provide the Services, (iv) the Company has increased its authorized share capital by resolution of the Company’s shareholders at a general meeting to allow for the issue of the Common Shares due to vest on the relevant Warrant Vesting Date, (v) the Company has sufficient authority, whether under the XXXX Xxx-laws or pursuant to a resolution of the Company’s shareholders at a general meeting to issue the number of Common Shares due to vest on the relevant Warrant Vesting Date (conditions (iv) and (v) being, together, the "Share Issuance Conditions"); and (vi) compliance with applicable laws and regulations applicable to the Company (conditions (i) through (vi) being, together, the "Vesting Conditions").
Partial Vesting. For purposes of ap- plying this paragraph (d), if only a por- tion of a participant’s interest in a contract becomes nonforfeitable in a year, then the portion that is non- forfeitable and the portion that fails to be nonforfeitable are each treated as separate contracts. In addition, for purposes of applying this paragraph (d), if a contribution is made to an annuity contract in excess of the limitations of section 415(c) and the excess is main- tained in a separate account, then the portion of the contract that includes the excess contributions account and the remainder are each treated as sepa- rate contracts. Thus, if an annuity con- tract that includes an excess contribu- tions account changes from forfeitable to nonforfeitable during a year, then the portion that is not attributable to the excess contributions account con- stitutes a section 403(b) contract (as- suming it otherwise satisfies the re- quirements to be a section 403(b) con- tract) and is not included in gross in- come, and the portion that is attrib- utable to the excess contributions ac- count is included in gross income in ac- cordance with section 403(c). See § 1.403(b)–4(f) for additional rules. [T.D. 9340, 72 FR 41141, July 26, 2007; 72 FR 54352, Sept. 25, 2007]
Partial Vesting. (1) Once the Committee finds that the Performance Goals for a specific Grant’s Qualification Period were achieved, that Grant shall vest on an annual prorate basis per the schedule on Exhibit C attached hereto and incorporated herein by this reference. That is, should Employee voluntarily retire from any Relationship with Corporation prior to 12/31/02, he shall be entitled, commencing with the first day of the year following Employee’s 55th birthday, to receive only that amount of each separate Grant which vested prior to his termination date.
Partial Vesting. If RSUs have vested pursuant to Paragraph 3(a) and Grantee’s employment with the Company or any of its Affiliates terminates for any reason (other than those set forth in Paragraphs 3(b) through 3(d) and other than for Cause) before the date set forth in Paragraph 5(a)(i) above, then, subject to paragraph (c) below, Shares subject to any RSUs that have vested on or before the date on which the Grantee’s employment terminates (together with any payment due pursuant to Paragraph 4 in respect of such Shares) shall be delivered to Grantee on or as soon as administratively practicable after, 30 days following Xxxxxxx’s last day of employment with the Company. Any RSUs that have not vested on or before the date on which such Xxxxxxx’s employment terminates shall be forfeited on such date, and no Shares shall be delivered nor payment made in respect of such RSUs.
Partial Vesting. If a partial Option would be earned on any date, the total number of Options earned on such date shall be rounded up to the nearest whole Option.
Partial Vesting. If there is a material breach by Black Sea of any of the terms of the Earn-In Agreement or this Agreement, and such breach is not cured within 90 calendar days, then Black Sea will transfer, assign and convey its interests in Karasu to Anadolun or any party that Anadolun may nominate, subject to Black Sea receiving a Karasu Royalty Interest, which shall be calculated in accordance with Section 12.2 of this Lease Agreement, in the following amount:
(a) if any such material breach occurs and remains uncured one year after the Closing Date then Black Sea shall be entitled to a 31.67% Karasu Royalty Interest; and
(b) if any such material breach occurs and remains uncured two years after the Closing Date then Black Sea shall be entitled to a 63.3% Karasu Royalty Interest.
Partial Vesting. On each Partial Vesting Date and subject to compliance with the Vesting Conditions, 1/6th of the Warrant that has vested in accordance with Section 3(a) of this Warrant on a Vesting Date shall be automatically exercised in full on the relevant Partial Vesting Date and, other than as provided in Section 3(c) of this Agreement, the Holder shall receive a book entry of the Company’s register of members certifying the issue of Warrant Shares to the Holder upon surrender of this Warrant to the Company at its then registered office address. The number of Warrant Shares to be issued to the Holder on each Partial Vesting Date shall be calculated by the Company, in accordance with the following formula: Where: X = the number of Warrant Shares to be issued to the Holder A = the 90-day average trading price of the Common Shares, or American Depositary Shares representing the Common Shares as of the relevant Partial Vesting Date, as determined by the Company X = 2,000,000 ÷ A
