Common use of Timing and Form of Distribution Clause in Contracts

Timing and Form of Distribution. If the Participant timely elected and returned to the Company a properly completed election form, as prescribed by the Committee (an “Election Form”), the Participant’s vested Deferred Cash Compensation shall be distributed pursuant to the Election Form, subject to such terms and conditions set forth in such form. If the Participant failed to timely elect and return or properly complete an Election Form, the Participant’s Deferred Cash Compensation (and any interest credited thereto) will be distributed in a lump sum in cash, to the extent vested, on or as soon as administratively practicable after the first to occur of (i) the date of the Participant’s termination of employment for any reason or (ii) March 31, 2010 (the first date when the Deferred Cash Compensation is fully vested). The foregoing notwithstanding, if the Participant is a “key employee” for purposes of Section 409A of the Internal Revenue Code (“Section 409A”), payment of his or her Deferred Cash Compensation (and any interest credited thereto) due to termination of employment for any reason (other than death) will be delayed until at least six months after such Participant’s termination date if required by Section 409A. The Participant agrees that the Deferred Cash Compensation will be paid out only to the extent that it has vested in accordance with this Agreement and the Plan. Any unvested portion of the Deferred Cash Compensation shall be forfeited and terminate automatically upon termination of employment of the Participant for any reason (other than death or Disability as described in Section 3.4 above), unless otherwise provided in the Plan.

Timing and Form of Distribution. If the Participant timely elected and returned to the Company a properly completed election form, as prescribed by the Committee (an “Election Form”), the Participant’s vested Deferred Cash Compensation shall be distributed pursuant to the Election Form, subject to such terms and conditions set forth in such form. If the Participant failed to timely elect and return or properly complete an Election Form, the Participant’s Deferred Cash Compensation (and any interest credited thereto) will be distributed in a lump sum in cash, to the extent vested, on or as soon as administratively practicable after the first to occur of (i) the date of the Participant’s termination of employment for any reason or (ii) March 31December 31st, 2010 2013 (the first date when 7th year after the Deferred Cash Compensation year in which this Agreement is fully vestedentered into by the Company and the Participant). The foregoing notwithstanding, if the Participant is a “key employee” for purposes of Section 409A of the Internal Revenue Code (“Section 409A”), payment of his or her Deferred Cash Compensation (and any interest credited thereto) due to termination of employment for any reason (other than death) will be delayed until at least six months after such Participant’s termination date if required by Section 409A. date. The Participant agrees that the Deferred Cash Compensation will be paid out only to the extent that it has vested in accordance with this Agreement and the Plan. Any unvested portion of the Deferred Cash Compensation shall be forfeited and terminate automatically upon termination of employment of the Participant for any reason (other than death or Disability as described in Section 3.4 above), unless otherwise provided in the Plan.

Timing and Form of Distribution. If the Participant timely elected and returned to the Company a properly completed election form, as prescribed by the Committee (an “Election Form”), the Participant’s vested Deferred Cash Compensation shall be distributed pursuant to the Election Form, subject to such terms and conditions set forth in such form. If the Participant failed to timely elect and return or properly complete an Election Form, the Participant’s Deferred Cash Compensation (and any interest credited thereto) will be distributed in a lump sum in cash, to the extent vested, on or as soon as administratively practicable after the first to occur of (i) the date of the Participant’s termination of employment for any reason or (ii) March 31December 31st, 2010 [___] (the first date when 7th year after the Deferred Cash Compensation year in which this Agreement is fully vestedentered into by the Company and the Participant). The foregoing notwithstanding, if the Participant is a “key employee” for purposes of Section 409A of the Internal Revenue Code (“Section 409A”), payment of his or her Deferred Cash Compensation (and any interest credited thereto) due to termination of employment for any reason (other than death) will be delayed until at least six months after such Participant’s termination date if required by Section 409A. date. The Participant agrees that the Deferred Cash Compensation will be paid out only to the extent that it has vested in accordance with this Agreement and the Plan. Any unvested portion of the Deferred Cash Compensation shall be forfeited and terminate automatically upon termination of employment of the Participant for any reason (other than death death, Disability or Disability Vested Retirement as described in Section 3.4 above), unless otherwise provided in the Plan.

Timing and Form of Distribution. If the Participant timely elected and returned to the Company a properly completed election form, as prescribed by the Committee (an “Election Form”), the Participant’s vested Deferred Cash Compensation shall be distributed pursuant to the Election Form, subject to such terms and conditions set forth in such form. If the Participant failed to timely elect and return or properly complete an Election Form, the Participant’s Deferred Cash Compensation (and any interest credited thereto) will be distributed in a lump sum in cash, to the extent vested, on or as soon as administratively practicable after the first to occur of (i) the date of the Participant’s termination of employment for any reason or (ii) March 31December 31st, 2010 [ ] (the first date when 7th year after the Deferred Cash Compensation year in which this Agreement is fully vestedentered into by the Company and the Participant). The foregoing notwithstanding, if the Participant is a “key employee” for purposes of Section 409A of the Internal Revenue Code (“Section 409A”), payment of his or her Deferred Cash Compensation (and any interest credited thereto) due to termination of employment for any reason (other than death) will be delayed until at least six months after such Participant’s termination date if required by Section 409A. date. The Participant agrees that the Deferred Cash Compensation will be paid out only to the extent that it has vested in accordance with this Agreement and the Plan. Any unvested portion of the Deferred Cash Compensation shall be forfeited and terminate automatically upon termination of employment of the Participant for any reason (other than death death, Disability or Disability Vested Retirement as described in Section 3.4 above), unless otherwise provided in the Plan.