Common use of Termination Due to Death; Disability Clause in Contracts

Termination Due to Death; Disability. Notwithstanding the foregoing provisions of Paragraph 4(c)(i), (ii), (iii), (iv) and (v), in the event of the occurrence (i) your death or Disability or (ii) your death or Disability following a Termination described in Paragraph 4(c)(ii) or (iv) hereof, all outstanding Units held by you shall become immediately payable and you shall, as soon as practicable thereafter, receive freely transferable shares of Common Stock. Any shares that become payable pursuant to this Paragraph 4(c) (other than Paragraph (c)(v) or (vi)) shall be issued to you on the Share Payment Date, subject to the application of Paragraph 4(b). Notwithstanding any other provisions of this Agreement, if any payment otherwise due hereunder would have the effect of making you subject to the provisions of Code Section 409A(a)(1), such payment shall be postponed until the earliest date upon which the payment could be made without subjecting you to the provisions of Code Section 409A(a)(1). Any remaining Units that are not payable pursuant to the provisions of the Paragraph 4(c) shall be canceled by Holdings.

Termination Due to Death; Disability. Notwithstanding the foregoing provisions of Paragraph 4(c)(i), (ii), (iii), (iv) and (viv), in the event of the occurrence (i) your death or Disability or (ii) your death or Disability following a Termination described in Paragraph 4(c)(ii) or (iv) hereof, all outstanding Units held by you shall become immediately payable and you shall, as soon as practicable thereafter, receive freely transferable shares of Common Stock. Any shares that become payable pursuant to this Paragraph 4(c) (other than Paragraph (c)(v) or (vi)) shall be issued to you on the Share Payment Date, subject to the application of Paragraph 4(b). Notwithstanding any other provisions of this Agreement, if any payment otherwise due hereunder would have the effect of making you subject to the provisions of tax imposed by Code Section 409A(a)(1), such payment shall be postponed until the earliest date upon which the payment could be made without subjecting you to the provisions of Code Section 409A(a)(1)such tax. Any remaining Units that are not payable pursuant to the provisions of the Paragraph 4(c) shall be canceled by Holdings.