Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations by withholding a number of whole, Vested Shares otherwise deliverable to the Participant or by the Participant’s tender to the Company of a number of whole, Vested Shares or vested shares acquired otherwise than pursuant to the Award having, in any such case, a fair market value, as determined by the Company as of the date on which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.
Appears in 20 contracts
Samples: Restricted Stock Agreement (NV5 Global, Inc.), Restricted Stock Agreement (NV5 Global, Inc.), Restricted Stock Agreement (Everi Holdings Inc.)
Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations by withholding a number of whole, Vested Shares otherwise deliverable to the Participant or by the Participant’s tender to the Company of a number of whole, Vested Shares or vested shares acquired otherwise than pursuant to the Award having, in any such case, a fair market value, as determined by the Company as of the date on which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding ratesrates if required to avoid liability classification of the Award under generally accepted accounting principles in the United States.
Appears in 5 contracts
Samples: Restricted Stock Agreement (Resource REIT, Inc.), Restricted Stock Agreement (Resource REIT, Inc.), Restricted Stock Agreement (Resource REIT, Inc.)
Withholding in Shares. The Company shall have the rightmay, but not the obligationin its discretion, to permit or require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations by withholding deducting a number of whole, Vested Shares otherwise deliverable to the Participant or by the Participant’s tender to the Company of a number of whole, Vested Shares or vested shares acquired otherwise than pursuant to the Award having, in any such case, a fair market value, as determined by the Company as of the date on which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates. Any adverse consequences to the Participant resulting from the procedure permitted under this Section, including, without limitation, tax consequences, shall be the sole responsibility of the Participant.
Appears in 3 contracts
Samples: Restricted Stock Award Agreement (Rae Systems Inc), Restricted Stock Agreement (Halozyme Therapeutics Inc), Restricted Stock Agreement (Halozyme Therapeutics Inc)
Withholding in Shares. The Company shall have the right, but not the obligation, to may require the Participant to satisfy all or any portion of a Participating the Company’s tax withholding obligations by withholding deducting a number of whole, Vested Shares otherwise deliverable to the Participant or by the Participant’s tender to the Company of a number of whole, Vested Shares or vested shares acquired otherwise than pursuant to the Award this Agreement having, in any such case, a fair market value, as determined by the Company as of the date on which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.
Appears in 3 contracts
Samples: Restricted Stock Agreement (Ross Stores Inc), Restricted Stock Agreement (Cytori Therapeutics, Inc.), Restricted Stock Agreement (Ross Stores Inc)
Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant Grantee to satisfy all or any portion of a Participating Company’s his or her tax withholding obligations by withholding a number of whole, Vested vested Shares otherwise deliverable to the Participant Grantee or by the ParticipantGrantee’s tender to the Company of a number of whole, Vested vested Shares or vested shares Shares acquired otherwise than pursuant to the Award this Agreement having, in any such case, a fair market valueFair Market Value, as determined by the Company as of the date on which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Lululemon Athletica Inc.)
Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s 's tax withholding obligations by withholding a number of whole, Vested Shares otherwise deliverable to the Participant or by the Participant’s 's tender to the Company of a number of whole, Vested Shares or vested shares acquired otherwise than pursuant to the Award having, in any such case, a fair market value, as determined by the Company as of the date on which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.
Appears in 1 contract
