Affected Participant definition

Affected Participant means, in connection with a Change of Control pursuant to:

Affected Participant has the meaning set forth as Section 5.11.1 hereof.

Affected Participant has the meaning set out in Clause 18;

Examples of Affected Participant in a sentence

• Referred Affected ParticipantAn Affected Participant who has a claim referred to an independent expert pursuant to clauses 3.12.2(l) or 3.12.2(m).

• An Affected Participant holding vested shares of Common Stock and/or vested but unexercised Awards acquired under the Plan shall be required to take either or both of the following actions, to the extent applicable, within the time periods prescribed herein: (i) the Participant shall sell all vested shares of Common Stock within six months following the effective date of the Participant’s transfer of employment to NYSE Regulation, Inc.

• If the Employer elects in Section 2.5(a) for this Section 5.5 to apply, the timing and form of distributions to an Affected Participant will be determined as though this Article 5 had not been adopted.

• In the event of a Clawback Event described in subsection (c)(iii)(A) of this Section 4.5, the Committee may, in its sole discretion, limit the amount to be recovered from the Affected Participant to the amount by which the Actual Award exceeded the amount that would have been payable to the Affected Participant had the financial statements been initially filed as restated, as determined by the Committee in accordance with the terms and conditions of the Plan.

• The Affected Participant must notify each of Us as soon as practicable after the Event of Force Majeure ceases or no longer causes the Affected Participant to be unable to comply with its obligations under this Agreement.

More Definitions of Affected Participant

Affected Participant means each Participant who is employed by an Employer or a Related Company during any Plan Year for which the Plan is Top-Heavy; provided, however, that it shall not include any Participant who is covered by a collective bargaining agreement if retirement benefits were the subject of good faith bargaining between the Participant’s Employer and the Participant’s collective bargaining representative. Top-Heavy A-5. The Plan shall be “Top-Heavy” for any Plan Year if, as of the Determination Date for that year (as described in paragraph (a) next below), the present value of the benefits attributable to Key Employees (as defined in subsection A-6) under all Aggregation Plans (as defined in subsection A-9) exceeds 60% of the present value of all benefits under such plans. The Top‑Heavy requirements of Code Section 416 and this Supplement A shall not apply in any year in which this Plan consists solely of a cash or deferred arrangement which meets the requirements of Code Section 401(k)(12) or Code Section 401(k)(13) and matching contributions with respect to which the requirements of Code Section 401(m)(11) or Code Section 401(m)(12) are met. The foregoing determination shall be made in accordance with the provisions of Code Section 416. Subject to the preceding sentence:

Affected Participant has the meaning provided in Article 28.1.

Affected Participant means a Participant who experiences, within the meaning of Treasury Regulation § 1.409A-3(j)(4)(ix)(B), the change in control event that results from the Closing of the Transaction.

Affected Participant has the meaning specified in Section 2.20.

Affected Participant means each Participant who is employed by an Employer or a Related Company during any Plan Year for which the Plan is Top-Heavy, provided, however, that the term "Affected Participant" shall not include any Participant who is covered by a collective bargaining agreement if retirement benefits were the subject of good faith bargaining between his Employer and his collectible bargaining representative. Top-Heavy A-4. The Plan shall be "Top-Heavy" for any Plan Year if, as of the Determination Date for that year (as described in paragraph (a) next below), the present value of the benefits attributable to Key Employees (as defined in subsection A-5) under all Aggregation Plans (as defined in subsection A-6) exceeds 60% of the present value of all benefits under such plans. The foregoing determination shall be made in accordance with the provisions of section 416 of the Code. Subject to the preceding sentence:

Affected Participant means each Participant who is employed by an Employer or a Related Company during any Plan Year for which the Plan is Top-Heavy; provided, however, that the term "Affected Participant" shall not include any Participant who is covered by a collective bargaining agreement if retirement benefits were the subject of good faith bargaining between his Employer and his collective bargaining representative.

Affected Participant means either (A) a Participant who commenced receipt of benefits and whose benefit payments had ceased as a result of the Original Amendment, or (B) a Participant who had applied for benefits (including election of the optional form of benefit) and whose application for benefits (including the form of payment) either was approved but benefits were suspended before payments commenced as a result of the Original Amendment, or was denied as a result of the Original Amendment.