Common use of Settlement Date; Manner of Settlement Clause in Contracts

Settlement Date; Manner of Settlement. No later than the 70th calendar day following the vesting of each Phantom Unit pursuant to Sections 4 or 5 of this Agreement, such Phantom Unit and tandem DERs shall be settled through the payment of cash or delivery of Units to the Service Provider. No fractional Units will be issued or acquired pursuant to this Agreement. If the application of any provision of this Agreement would yield a fraction Unit, such fractional Unit will be rounded down to the next whole Unit if it is less than 0.5 and rounded up to the next whole Unit if it is 0.5 or more. The Service Provider agrees that any vested Units that the Service Provider acquires upon vesting of the Phantom Units will not be sold or otherwise disposed of in any manner that would constitute a violation of any applicable federal or state securities laws, the Plan or the rules, regulations and other requirements of the U.S. Securities and Exchange Commission (the “SEC”) and any stock exchange upon which the Units are then listed. The Service Provider also agrees that any certificates representing the Units acquired under this award may bear such legend or legends as the Committee deems appropriate in order to assure compliance with applicable securities laws. In addition to the terms and conditions provided herein, the Partnership may require that the Service Provider make such covenants, agreements, and representations as the Committee, in its sole discretion, deems advisable in order to comply with any such laws, rules, regulations, or requirements.

Appears in 2 contracts

Samples: Phantom Unit Agreement (Western Refining Logistics, LP), Phantom Unit Agreement (Western Refining Logistics, LP)

AutoNDA by SimpleDocs

Settlement Date; Manner of Settlement. No Except as provided in Section 5(b) or 5(c) of this Agreement or Section 8(n) of the Plan, no later than the 70th calendar day first May 15 following the vesting of each Phantom Unit pursuant to Sections 4 or 5 of this AgreementContinuous Service Date, such the Phantom Unit and tandem DERs that vest pursuant to Section 4 and Annex A shall be settled through the payment of cash or delivery of Units to the Service Provider. No fractional Units will be issued or acquired pursuant to this Agreement. If the application of any provision of this Agreement would yield a fraction Unit, such fractional Unit will be rounded down to the next whole Unit if it is less than 0.5 and rounded up to the next whole Unit if it is 0.5 or more. The Service Provider agrees that any vested Units that the Service Provider acquires upon vesting of the Phantom Units will not be sold or otherwise disposed of in any manner that would constitute a violation of any applicable federal or state securities laws, the Plan or the rules, regulations and other requirements of the U.S. Securities and Exchange Commission (the “SEC”) and any stock exchange upon which the Units are then listed. The Service Provider also agrees that any certificates representing the Units acquired under this award may bear such legend or legends as the Committee deems appropriate in order to assure compliance with applicable securities laws. In addition to the terms and conditions provided herein, the Partnership may require that the Service Provider make such covenants, agreements, and representations as the Committee, in its sole discretion, deems advisable in order to comply with any such laws, rules, regulations, or requirements.

Appears in 1 contract

Samples: Phantom Unit Agreement (Northern Tier Energy LP)

Settlement Date; Manner of Settlement. No Except as provided in Section 5(b) or 5(c), no later than the 70th calendar day first May 15 following the vesting of each Phantom Unit pursuant to Sections 4 or 5 of this AgreementContinuous Service Date, such the Phantom Unit and tandem DERs that vest pursuant to Section 4 and Annex A shall be settled through the payment of cash or delivery of Units to the Service Provider. No fractional Units will be issued or acquired pursuant to this Agreement. If the application of any provision of this Agreement would yield a fraction Unit, such fractional Unit will be rounded down to the next whole Unit if it is less than 0.5 and rounded up to the next whole Unit if it is 0.5 or more. The Service Provider agrees that any vested Units that the Service Provider acquires upon vesting of the Phantom Units will not be sold or otherwise disposed of in any manner that would constitute a violation of any applicable federal or state securities laws, the Plan or the rules, regulations and other requirements of the U.S. Securities and Exchange Commission (the “SEC”) and any stock exchange upon which the Units are then listed. The Service Provider also agrees that any certificates representing the Units acquired under this award may bear such legend or legends as the Committee deems appropriate in order to assure compliance with applicable securities laws. In addition to the terms and conditions provided herein, the Partnership may require that the Service Provider make such covenants, agreements, and representations as the Committee, in its sole discretion, deems advisable in order to comply with any such laws, rules, regulations, or requirements.

Appears in 1 contract

Samples: Phantom Unit Agreement (Western Refining Logistics, LP)

AutoNDA by SimpleDocs

Settlement Date; Manner of Settlement. No later than the 70th calendar day following the vesting of each Phantom Unit pursuant to Sections 4 or 5 of this Agreement, such Phantom Unit and tandem DERs shall be settled through the payment of cash or delivery of Units to the Service ProviderRecipient. No fractional Units will be issued or acquired pursuant to this Agreement. If the application of any provision of this Agreement would yield a fraction Unit, such fractional Unit will be rounded down to the next whole Unit if it is less than 0.5 and rounded up to the next whole Unit if it is 0.5 or more. The Service Provider Recipient agrees that any vested Units that the Service Provider Recipient acquires upon vesting of the Phantom Units will not be sold or otherwise disposed of in any manner that would constitute a violation of any applicable federal or state securities laws, the Plan or the rules, regulations and other requirements of the U.S. Securities and Exchange Commission (the “SEC”) and any stock exchange upon which the Units are then listed. The Service Provider Recipient also agrees that any certificates representing the Units acquired under this award may bear such legend or legends as the Committee deems appropriate in order to assure compliance with applicable securities laws. In addition to the terms and conditions provided herein, the Partnership may require that the Service Provider Recipient make such covenants, agreements, and representations as the Committee, in its sole discretion, deems advisable in order to comply with any such laws, rules, regulations, or requirements.

Appears in 1 contract

Samples: Phantom Unit Award Agreement (Northern Tier Energy LP)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!