Common use of Unforeseeable Emergency Clause in Contracts

Unforeseeable Emergency. (a) If Holder experiences an Unforeseeable Emergency (as defined below), Holder may petition the Administrator for the right to receive a partial or full distribution of the shares of Common Stock distributable with respect to his or her vested Restricted Stock Units under this Agreement. If, in the sole discretion of the Administrator, Xxxxxx’s petition is approved, the Unforeseeable Emergency shall be deemed a “Distribution Event” with respect to the number of shares of Common Stock distributable with respect to Xxxxxx’s vested Restricted Stock Units as are approved for distribution by the Administrator. Holder shall then be entitled to receive such shares of Common Stock pursuant to Section 2.3(b). (b) For purposes of this Section 2.4, an “Unforeseeable Emergency” shall mean a severe financial hardship to Holder resulting from an illness or accident of Holder, Xxxxxx’s spouse, or a dependent (as defined in Section 152(a) of the Code) of Holder, loss of Holder’s property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of Holder. The Fair Market Value of the shares of Common Stock distributed to Holder with respect to the Unforeseeable Emergency may not exceed the amounts necessary to satisfy such Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of the distribution, after taking into account the extent to which such Unforeseeable Emergency is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of Holder’s assets (to the extent liquidation of such assets would not itself cause severe financial hardship), as determined under the Treasury Regulations under Section 409A(a)(2)(B)(ii) of the Code.

Unforeseeable Emergency. (a) If Holder Participant experiences an Unforeseeable Emergency (as defined below), Holder Participant may petition the Administrator for the right to receive a partial or full distribution of the shares of Common Stock distributable with respect to his or her vested Restricted Stock Units under this Agreement. If, in the sole discretion of the Administrator, XxxxxxParticipant’s petition is approved, the Unforeseeable Emergency shall be deemed a “Distribution Event” with respect to the number of shares of Common Stock distributable with respect to XxxxxxParticipant’s vested Restricted Stock Units as are approved for distribution by the Administrator. Holder Participant shall then be entitled to receive such shares of Common Stock pursuant to Section 2.3(b2.1(c)(ii). (b) For purposes of this Section 2.42.2, an “Unforeseeable Emergency” shall mean a severe financial hardship to Holder Participant resulting from an illness or accident of HolderParticipant, XxxxxxParticipant’s spouse, or a dependent (as defined in Section 152(a) of the Code) of HolderParticipant, loss of HolderParticipant’s property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of HolderParticipant. The Fair Market Value of the shares of Common Stock distributed to Holder Participant with respect to the Unforeseeable Emergency may not exceed the amounts necessary to satisfy such Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of the distribution, after taking into account the extent to which such Unforeseeable Emergency is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of HolderParticipant’s assets (to the extent liquidation of such assets would not itself cause severe financial hardship), as determined under the Treasury Regulations under Section 409A(a)(2)(B)(ii) of the Code.

Unforeseeable Emergency. (a) If Holder Participant experiences an Unforeseeable Emergency (as defined below), Holder Participant may petition the Administrator for the right to receive a partial or full distribution of the shares of Common Stock distributable with respect to his or her vested Restricted Stock Units under this Agreement. If, in the sole discretion of the Administrator, Xxxxxx’s Participant's petition is approved, the Unforeseeable Emergency shall be deemed a “"Distribution Event” " with respect to the number of shares of Common Stock distributable with respect to Xxxxxx’s Participant's vested Restricted Stock Units as are approved for distribution by the Administrator. Holder Participant shall then be entitled to receive such shares of Common Stock pursuant to Section 2.3(b2.1(c)(ii). (b) For purposes of this Section 2.42.2, an “"Unforeseeable Emergency” " shall mean a severe financial hardship to Holder Participant resulting from an illness or accident of HolderParticipant, Xxxxxx’s Participant's spouse, or a dependent (as defined in Section 152(a) of the Code) of HolderParticipant, loss of Holder’s Participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of HolderParticipant. The Fair Market Value of the shares of Common Stock distributed to Holder Participant with respect to the Unforeseeable Emergency may not exceed the amounts necessary to satisfy such Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of the distribution, after taking into account the extent to which such Unforeseeable Emergency is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of Holder’s Participant's assets (to the extent liquidation of such assets would not itself cause severe financial hardship), as determined under the Treasury Regulations under Section 409A(a)(2)(B)(ii) of the Code.