Substantial Risk of Forfeiture definition

Substantial Risk of Forfeiture shall have the meaning ascribed to that term in Section 409A.
Substantial Risk of Forfeiture means such term as described in Treas. Reg. §§ 1.409A-1(d) and 1.409A-1(b)(4).
Substantial Risk of Forfeiture means such term as defined in U.S. Treasury Regulation Section 1.409A-1(d). For avoidance of doubt, a Substantial Risk of Forfeiture may lapse prior to the date the Award or RSU becomes vested.

Examples of Substantial Risk of Forfeiture in a sentence

  • Substantial Risk of Forfeiture means the description specified in Treas.

  • Substantial Risk of Forfeiture shall have the meaning specified in Treas.

  • Section 1.409A-1(b)(4) may be deferred in accordance with the rules of Article VII, applied as if the date the Substantial Risk of Forfeiture lapses is the date payments were originally scheduled to commence, provided, however, that the provisions of Section 7.3 shall not apply to payments attributable to a Change in Control (as defined in Treas.

  • Each RSU Award shall be evidenced by an Award Agreement that contains any Substantial Risk of Forfeiture, transferability restrictions, form and time of payment provisions and other provisions not inconsistent with the Plan as the Committee may specify.

  • The Award Agreement shall specify that the payment will be made (1) by a date that is no later than the date that is two and one-half (2 1/2) months after the end of the Fiscal Year in which the RSU Award payment is no longer subject to a Substantial Risk of Forfeiture or (2) at a time that is permissible under Section 409A.


More Definitions of Substantial Risk of Forfeiture

Substantial Risk of Forfeiture means that future Proceeds otherwise payable in connection with a Change of Control are conditioned on the occurrence of a future milestone (such as, without limitation, the attainment of a prescribed level of sales, revenues, earnings, equity value, return on invested capital or internal rate of return), such that, at the time the milestone is established, the possibility that the milestone will not be achieved is substantial, as further defined in Treasury Regulation §1.409A-1(d), without regard to the provision of that section under which additions or extensions of forfeiture conditions are disregarded.
Substantial Risk of Forfeiture shall have the meaning set forth in Reg. Section 1.409A-1(d).
Substantial Risk of Forfeiture means Compensation which is payable conditioned: (i) on the performance of substantial future services by any person including the Participant; or (ii) on the occurrence of a condition related to a purpose of the Compensation, and where under clause (i) or (ii) the possibility of forfeiture is substantial. A condition related to the purpose of the Compensation relates to the Participant’s performance for the Employer or to the Employer’s business activities or organizational goals. A Substantial Risk of Forfeiture does not include any addition of a condition after a Legally Binding Right to the Compensation arises or any extension of a period during which the Compensation is subject to a Substantial Risk of Forfeiture. Compensation is not subject to a Substantial Risk of Forfeiture merely because payment is conditioned on the participant’s refraining from performing services. Compensation is not subject to a Substantial Risk of Forfeiture beyond the date or time that the Participant otherwise could have elected to receive the Compensation unless the amount of Compensation (disregarding Earnings) is materially greater than the amount of Compensation that the Participant otherwise could have elected to receive. As such, a Participant’s Elective Deferrals generally may not be made subject to a Substantial Risk of Forfeiture. In determining whether the possibility of forfeiture is substantial in the case of rights to Compensation granted to a Participant who owns significant voting power or value in the Employer, the Employer will apply Treas. Reg. § 1.409A-1(d)(3) and Applicable Guidance.
Substantial Risk of Forfeiture means such term as defined in U.S. Treasury Regulation Section 1.409A-1(d). For avoidance of doubt, a Substantial Risk of Forfeiture may lapse prior to the date the Award becomes vested. 3. Certain Provisions Applicable to U.S. Participant AwardsEach Award an RSU granted to a U.S. Participant shall be subject to the following additional provisions:
Substantial Risk of Forfeiture shall have the meaning ascribed to that term in section 409A of the Code and Department of Treasury or Internal Revenue Service rules, regulations or guidance issued thereunder.
Substantial Risk of Forfeiture means (i) in the event of Executive's death prior to age 65, the death proceeds of the Policy in excess of $1,000,000; and (ii) in the event of Executive's termination of employment for any reason other than death, the Policy Cash Value.
Substantial Risk of Forfeiture means Compensation which is payable conditioned: (i) on the performance of substantial future services by any person including the Participant; or (ii) on the occurrence of a condition related to a purpose of the Compensation, and where under clause (i) or (ii) the possibility of forfeiture is substantial in accordance with Treas. Reg. §1.409A-1-(d)(1).