Common use of Separation from Service without Cause Clause in Contracts

Separation from Service without Cause. If the Participant has a Separation from Service without Cause (as defined in the Plan), then: (i) any unvested Restricted Share Units that were scheduled to vest within 365 days from the date of separation and were granted more than 365 days preceding the date of separation, shall vest effective as of the Release Finalization Date; (ii) the Separation Pro-Rated Number of Restricted Share Units that were scheduled to vest within 365 days from the date of separation, and were granted less than 365 days prior to the date of separation, shall vest effective as of the Release Finalization Date; and (iii) any remaining Restricted Share Units not vesting as provided above shall be forfeited effective as of the date of Separation from Service without Cause. Notwithstanding the foregoing, the vesting and payout of any Restricted Share Units pursuant to this Section 3(e) shall be subject to the satisfaction of any conditions required for payout of the Restricted Share Units pursuant to this Agreement and the Plan. In no event shall the accelerated vesting pursuant to this Section 3(e) accelerate the settlement of any Restricted Share Units if such Restricted Share Units are otherwise subject to Section 409A of the Code.

Separation from Service without Cause. If the Participant has a Separation from Service without Cause (as defined in the Plan), then: (i) any unvested Restricted Share Units that were scheduled to vest within 365 days from the date of separation and were granted more than 365 days preceding the date of separation, shall vest effective as of the Release Finalization Date; (ii) the PSU Separation Pro-Rated Number of performance-based Restricted Share Units shall continue to vest, on the same terms that were scheduled to vest within 365 days from such performance-based Restricted Share Units would have vested had the Participant remained an employee, but without the requirement of continued employment provided, however, that if the vesting date of separationunder such terms is earlier than the Release Finalization Date, and were granted less than 365 days prior to the date of separation, performance-based Restricted Share Units shall vest effective as of the Release Finalization Date; and (iiiii) any remaining performance-based Restricted Share Units not vesting as provided above shall be forfeited effective as of the date of Separation from Service without Cause. Notwithstanding the foregoing, the vesting and payout of any performance-based Restricted Share Units pursuant to this Section 3(e) shall be subject to the satisfaction of any conditions required for payout of the performance-based Restricted Share Units pursuant to this Agreement and the Plan. In no event shall the accelerated vesting treatment pursuant to this Section 3(e) accelerate the settlement of any Restricted Share Units if such Restricted Share Units are otherwise subject to Section 409A of the Code.

Separation from Service without Cause. If the Participant has a Separation from Service without Cause (as defined in the Plan), then: (i) any unvested Restricted Share Units that were scheduled to vest within 365 days from the date of separation and were granted more than 365 days preceding the date of separation, shall vest effective as of the Release Finalization Date; (ii) the Separation Pro-Rated Number of Restricted Share Units that were scheduled to vest within 365 days from the date of separation, and were granted less than 365 days prior to the date of separation, shall vest effective as of the Release Finalization Date; and (iii) any remaining Restricted Share Units not vesting as provided above shall be forfeited effective as of the date of Separation from Service without Cause. Notwithstanding the foregoing, the vesting and payout of any Restricted Share Units pursuant to this Section 3(e) shall be subject to the satisfaction of any conditions required for payout of the Restricted Share Units pursuant to this Agreement and the Plan. In no event shall the accelerated vesting pursuant to this Section 3(e) accelerate the settlement of any Restricted Share Units if such Restricted Share Units are otherwise subject to Section 409A of the Code.