Grandfathered Amount means amounts described in Paragraph 1(b) that were deferred under the Plan and that were earned and vested before January 1, 2005.
Grandfathered Amount means an amount of Deferred Compensation hereunder as to which, prior to January 1, 2005, a Participant: (i) had a Legally Binding Right to be paid Deferred Compensation; and (ii) was Vested. However, if the Employer after October 3, 2004, materially modifies the Plan as described in Treas. Reg. 1.409A-6(a)(4), then such amount ceases to be a Grandfathered Amount. In determining Grandfathered Amounts, the rules of Section 1.05 regarding Aggregated Plans apply.
Grandfathered Amount means Deferred Stock Units described in Paragraph 1(b).
Examples of Grandfathered Amount in a sentence
A Participant’s Grandfathered Amount shall share in earnings and losses during the payout period.
A Grandfathered Amount remains subject to the terms of the Plan as in effect before January 1, 2005, unless the Employer makes a material modification to the Plan as described in Treas.
Post-2004 Earnings on Grandfathered Amounts are included in the Grandfathered Amount.
When any payment from a Participant’s Grandfathered Amount becomes due hereunder, the Company, without notice, demand or any other action, may withhold payment and use the funds to offset any amounts owed by the Participant to the Company or any of its affiliates.
Within each Account there shall be, if applicable, a Subaccount for the Grandfathered Amount and a Subaccount for Code Section 409A Amount.
More Definitions of Grandfathered Amount
Grandfathered Amount means that portion, if any, of a Participant’s Plan Benefit which was credited to his or her Account as of December 31, 2004 (and earnings thereon).
Grandfathered Amount means, with respect to each Participant, the present value of the benefits, if any, to which he/she would have been entitled under the Plan if he/she voluntarily terminated services without cause on December 31, 2004 and received a payment of such benefits on the earliest possible date allowed under the Plan to receive a payment of such benefits following termination of services, and received such benefits in the form with the maximum value, each determined by reference to the terms of the Plan in effect as of October 3, 2004, but only to the extent such Plan terms have not been materially modified (within the meaning of Treasury Regulation §1.409A-6(a)(4)) after October 3, 2004. Notwithstanding the foregoing, for any subsequent taxable year of the Participant, the Grandfathered Amount may increase to (a) equal the present value of the benefits the Participant actually becomes entitled to, in the form and at the time actually paid, determined under the terms of the Plan, as in effect on October 3, 2004, without regard to any further services rendered by the Participant after December 31, 2004, or any other events affecting the amount of or the entitlement to such benefits (other than a Participant election with respect to the time or form of an available benefit, if applicable), and (b) include any earnings (within the meaning of Treasury Regulation §1.409A-6(a)(4)) attributable thereto due solely to the passage of time; provided that in no event shall the Participant’s Grandfathered Amount exceed the present value of the benefits to which he would have been entitled under the Plan. For purposes of calculating the present value of each Participant’s Grandfathered Amount, if any, reasonable actuarial assumptions and methods shall be used. Whether actuarial assumptions and methods are reasonable for this purpose shall be determined as of each date the Participant’s benefits are valued for purposes of determining the Grandfathered Amount; provided that any reasonable actuarial assumptions and methods that were used by the Company with respect to such benefits as of December 31, 2004 will continue to be treated as reasonable assumptions and methods for this purpose; provided further that actuarial assumptions and methods shall be presumed reasonable if they are the same as those used to value benefits under the RPSE (or such other a “qualified” plan sponsored by the Company the benefits under which are part of the benefit formula under, or otherwise impact the...
Grandfathered Amount means, with respect to the Goldman Stockholders, as of any date, an amount equal to the sum of (i) all Common Shares of the Company beneficially owned by the Goldman Stockholders as of January 13, 2000, (ii) all Common Shares the Goldman Stockholders become the Beneficial Owner of after January 13, 2000, pursuant to, and in accordance with the terms of, the Securities Purchase Agreement, dated as of January 13, 2000, as amended by the First Amendment to Securities Purchase Agreement (together, the "Amended Securities Purchase Agreement"), dated as of May ___, 2000, by and among the Company and the Investors (as defined therein) and the other Transaction Documents (as defined therein) entered into in connection with the Amended Securities Purchase Agreement, (iii) Ordinary Course Broker Dealer Shares, and (iv) an additional 1,400,000 Common Shares (other than Ordinary Broker Dealer Shares).
Grandfathered Amount means a Participant’s Deferrals to the Plan in taxable years beginning before January 1, 2005 (and credited gains or losses attributable thereto); provided, however, that the Plan is not “materially modified” (within the meaning of the regulations under Section 409A of the Code) with respect to the Participant after October 3, 2004.
Grandfathered Amount means the vested Account Balances of Plan Participants determined as of December 31, 2004, together with actual or notional earnings thereon accruing after December 31, 2004, which shall be subject to the provisions of the Plan and tax law in effect immediately prior to the enactment of Section 409A of the Internal Revenue Code (i.e., as of October 3, 2004), including, without limitation, requirements as to election of the timing and form of payment; expressly provided, however that the Grandfathered Amounts shall be so grandfathered only to the extent that the Plan terms governing such Amounts are not materially modified after October 3, 2004.
Grandfathered Amount means that portion of a Participant’s Account Balance that is vested as of December 31, 2004 (adjusted for hypothetical gains and losses after such date).
Grandfathered Amount means any benefit hereunder that was earned and no longer subject to a substantial risk of forfeiture on or before December 31, 2004, provided however that if there is a material modification with respect to a Grandfathered Amount that causes it to become subject to §409A, such amount shall be a Nongrandfathered Amount.