Common use of Payment of Restricted Share Units Clause in Contracts

Payment of Restricted Share Units. Subject to Section 10, at such time as the Restricted Share Units shall become nonforfeitable as specified in this Agreement, shares of Common Stock underlying such Restricted Share Units shall be transferred to the Grantee on the 30th day following the earliest of (i) the applicable Vesting Date, (ii) the date of his Qualifying Termination, provided that such Qualifying Termination constitutes a “separation from service” (within the meaning of Section 409A) or (iii) a Change in Control, provided that such Change in Control satisfies the requirements for a change in control under Section 409A(a)(2)(A)(v) of the Code and, if not, on the earlier of the date specified in clause (i) or (ii) above; provided, however, that the Committee in its sole discretion may settle the award of Restricted Share Units wholly or partly in cash, in which case the fair market of the Restricted Share Units shall be equal to the fair market value of the shares of Common Stock underlying such Restricted Share Units (with such fair market value determined in accordance with the definition under the Plan as of the date such shares would have been transferred under this Agreement but for the Committee’s discretion to settle the Restricted Share Units in cash, subject to withholding as provided in Section 8).

Payment of Restricted Share Units. Subject to Section 10, at such time as the Restricted Share Units shall become nonforfeitable as specified in this Agreement, shares of Common Stock underlying such any Restricted Share Units that become non-forfeitable as specified in this Agreement shall be transferred to the Grantee on the 30th day following the earliest earlier of (i) the applicable Vesting Datedate of the final determination of the Performance-Earned Amount contemplated by Exhibit A, or (ii) the date of his Qualifying Termination, provided that such Qualifying Termination constitutes a “separation from service” (within the meaning of Section 409A) or (iii) a Change in Control, provided Control that such Change in Control satisfies the requirements for a change in control under Section 409A(a)(2)(A)(v) of the Code and, if not, on the earlier of the date specified in clause (i) or (ii) aboveCode; provided, however, that the Committee in its sole discretion may settle the award of Restricted Share Units wholly or partly in cash, in which case the fair market value of the Restricted Share Units shall be equal to the fair market value of the shares of Common Stock underlying such Restricted Share Units (with such fair market value determined in accordance with the definition under the Plan as of the date such shares would have been transferred under this Agreement but for the Committee’s discretion to settle the Restricted Share Units in cash, subject to withholding as provided in Section 8).

Payment of Restricted Share Units. Subject to Section 10, at such time as the Restricted Share Units shall become nonforfeitable as specified in this Agreement, shares of Common Stock underlying such any Restricted Share Units that become non-forfeitable as specified in this Agreement shall be transferred to the Grantee on the 30th day following the earliest earlier of (i) the applicable Vesting Date, (ii) the date of his Qualifying Termination, provided that such Qualifying Termination constitutes a “separation from service” (within the meaning of Section 409A) or (iii) a Change in Control, provided Control that such Change in Control satisfies the requirements for a change in control under Section 409A(a)(2)(A)(v) of the Code and, if not, on the earlier of or (iii) the date specified in clause (i) or (ii) abovethat is 30 days following a Qualifying Termination; provided, however, that the Committee in its sole discretion may settle the award of Restricted Share Units wholly or partly in cash, in which case the fair market value of the Restricted Share Units shall be equal to the fair market value of the shares of Common Stock underlying such Restricted Share Units (with such fair market value determined in accordance with the definition under the Plan as of the date such shares would have been transferred under this Agreement but for the Committee’s discretion to settle the Restricted Share Units in cash, subject to withholding as provided in Section 8).