Common use of Shares Not Publicly Traded Clause in Contracts

Shares Not Publicly Traded. Notwithstanding anything to the contrary in Section 13(a), in the event the Shares are not listed for trading on an established securities exchange on the date the RSUs are required to be settled then the Company shall, at the request of the Participant, deduct or withhold Shares having a Fair Market Value equal to the minimum amount required to be withheld to satisfy any federal, state, local and foreign taxes of any kind (including, but not limited to, the Participant’s FICA and SDI obligations) which the Company, in its sole discretion, deems necessary to comply with the Code and/or any other applicable law, rule or regulation with respect to the RSUs.

Shares Not Publicly Traded. Notwithstanding anything to the contrary in Section 13(a11(a), in the event the Shares are not listed for trading on an established securities exchange on the date the RSUs are required to be settled then the Company shall, at the request of the Participant, deduct or withhold Shares having a Fair Market Value equal to the minimum amount required to be withheld to satisfy any federal, state, local and foreign taxes of any kind (including, but not limited to, the Participant’s FICA and SDI obligations) which the Company, in its sole discretion, deems necessary to comply with the Code and/or any other applicable law, rule or regulation with respect to the RSUs.

Shares Not Publicly Traded. Notwithstanding anything to the contrary in Section 13(a), in the event the Shares shares of Common Stock are not listed for trading on an established securities exchange on the date the RSUs are required to be settled settled, then the Company shall, at the request of the Participant, deduct or withhold Shares shares of Common Stock having a Fair Market Value equal to the minimum amount required to be withheld to satisfy any federal, state, local and foreign taxes or other obligation of any kind (including, but not limited to, the Participant’s FICA and SDI obligations) which that the Company, in its sole discretion, deems necessary to comply with the Code and/or any other applicable law, rule or regulation with respect to the RSUs.