Withholding Election Clause Samples

Withholding Election. The Option Holder may elect to pay all such amounts of tax withholding, or any part thereof, by electing to transfer to the Company, or to have the Company withhold from shares otherwise issuable to the Option Holder, shares of Common Stock having a value equal to the amount required to be withheld or such lesser amount as may be elected by the Option Holder. All elections shall be subject to the approval or disapproval of the Board of Directors. The value of shares of Common Stock to be withheld shall be based on the Designated Value of the Common Stock on the date that the amount of tax to be withheld is to be determined (the “Tax Date”). Any such election by the Option Holder to have shares of Common Stock withheld for this purpose will be subject to the following restrictions: (i) All elections must be made prior to the Tax Date. (ii) All elections shall be irrevocable. (iii) If the Option Holder is an officer or director of the Company within the meaning of Section 16 of the Securities Exchange Act of 1934, as amended, (“Section 16”), the Option Holder must satisfy the requirements of such Section 16 and any applicable rules thereunder with respect to the use of Common Stock as consideration to satisfy such tax withholding obligation.

Withholding Election elect to have the Company withhold shares to satisfy my tax obligations upon exercise of the stock option(s).

Withholding Election. [THIS SECTION 5 APPLIES TO YOU ONLY IF YOU ARE THE PARTICIPANT, YOU ARE STILL EMPLOYED BY THE WARWICK SAVINGS BANK OR THE COMPANY WITH A TITLE OF, OR MORE SENIOR TO, VICE PRESIDENT AND YOU HAVE REQUESTED IN SECTION 4 OF THIS FORM THAT ANY OR ALL FEDERAL, STATE OR LOCAL TAXES BE PAID WITH THE PROCEEDS OF A SALE OF SHARES.] I understand that in accordance with the Statement of Company Policy Regarding Confidential Information and Stock and Securities Trading by Directors, Officers and Employees, my election(s) to sell Shares in order to satisfy tax withholding requirements is (are) irrevocable and must be received by the Corporate Secretary during a quarterly "window period." A window period is the ten-business day period beginning with the third business day following the public announcement of the Company quarterly or annual earnings.

Withholding Election. If on the date of distribution of any Deferred Stock Units pursuant to paragraph (3) above the Shares are not publicly tradable on an established securities market, Executive may elect, by written notice to the Company on or before the date of distribution, in lieu of providing the Company with cash equal to applicable withholding and other taxes required to be withheld from such compensation under any applicable tax law, to have the Company withhold Shares equal to the minimum applicable withholding of federal, state and local income and other taxes, or at the Executive’s election the incremental amount by which Executive’s federal, state and local income and other taxes are increased by reason of Executive’s receipt of the Shares, and have the Company remit such applicable withholding to the applicable taxing authorities.

Withholding Election. This election relates to the number of shares of common stock of the Company which will vest on the date noted below (the “Vesting Shares”): Date of Agreement: Total Number of Restricted Shares subject to Restricted Number of Vesting Shares: Stock Agreement: Date of Vesting: I, the undersigned Recipient, hereby certify that:

Withholding Election. If on the date of distribution of any Deferred Stock Units pursuant to paragraph (3) above the Shares are not publicly tradable on an established securities market, Executive may elect, by written notice to the Company on or before the date of distribution, in lieu of providing the Company with cash equal to applicable withholding and other taxes required to be withheld from such compensation under any applicable tax law, to have the Company withhold Shares equal to the minimum applicable withholding of federal, state and local income and other taxes, and have the Company remit such applicable withholding to the applicable taxing authorities. In addition, at any time within seven months after the date of the aforesaid distribution of Deferred Stock Units Executive may elect, by written notice to the Company, to require the Company to purchase, at the Fair Market Value of the Shares determined in accordance with Section 5.2(d) of the Employment Agreement, such number of Shares that have been owned by Executive for more than six months equal to the incremental amount by which Executive’s federal, state and local income and other taxes actually resulting by reason of Executive’s receipt of the Shares exceeds the aforesaid minimum applicable withholding.” 2. Effective as of September 30, 2005, Section 5.2 of the Employment Agreement shall be amended in its entirety to read as follows:

Withholding Election. The undersigned hereby elects to satisfy such Withholding Obligation in respect of the Stock Bonus Award as follows (check one): [ ] Cash: The undersigned must make a check payable to “Green Brick Partners, Inc.” for the amount of the Withholding Obligation, which check must be received by the Chief Financial Officer no later than by 5:00 pm Central Time on March 12, 2019. [X] Share Withholding: The Company will reduce the number of shares of Common Stock that would have been issued pursuant to the Stock Bonus Award by a number of shares with a Fair Market Value equal to such Withholding Obligation. In the absence of an affirmative election, the Company will use Share Withholding for the Withholding Obligation.

Withholding Election. The Option Holder may elect to pay all such amounts of tax withholding, or any part thereof, by electing to transfer to the Company, or to have the Company withhold from shares otherwise issuable to the Option Holder, Shares having a value equal