All elections pursuant to the provisions of this Section 5 of the Plan shall be made in writing to the Secretary of the Company or Assistant Secretary of the Company or such other person designated by the Board on a form or forms available upon request.
Time and Form of Election. A deferral election with respect to any applicable category of Compensation, such as Base Salary, eligible bonus or eligible commissions, may be made as a whole percentage of such Compensation or as such a percentage up to a specified whole dollar limit. The time for making any such election shall be as follows:
Election of Form of Payment. A Participant may elect the form of payment with respect to his or her Plan Year Account for a Plan Year at the time of his or her initial deferral election for such Plan Year Account. The form of payment elected pursuant to this [Section 5.2(b)] may be set as: # a single lump sum on the Scheduled Withdrawal Date based on the balance credited to such Plan Year Account as of the last day of the calendar month containing the Scheduled Withdrawal Date or # substantially equal annual installments (each reflecting adjustments under [Sections 4.3 and 4.5]5] since the preceding payment) commencing on the selected March 15th Scheduled Withdrawal Date and occurring on each anniversary thereof over a period of two to five years, as specified by the Participant in the Participant’s initial deferral election with respect to such Plan Year Account or any subsequent change in such election made in compliance with Section 409A and the Regulations; provided, however, that a Participant may only elect an installment form of payment pursuant to [Section 5.2(b)(ii)] for a Plan Year Account with respect to which the Participant has made a timely election for a date certain Scheduled Withdrawal Date pursuant to [Section 5.2(a)(i)] above. For the avoidance of doubt, a Participant may not elect installment payments commencing on a Scheduled Withdrawal Date that is elected or deemed to be the date of the Participant’s separation from service. If a Participant fails to make a timely election of form of payment pursuant to this [Section 5.2(b)] with respect to a Plan Year Account, the form of payment for such Plan Year Account shall be deemed to be a single lump sum based on the balance of the Plan Year Account as of the last day of the calendar month immediately preceding the Scheduled Withdrawal Date.
Form of Additional Option Election. An election by an Outside Director to receive some or all of the cash portion of his or her Retainer as an Additional Option shall # be in writing, # be delivered to the Secretary of the Corporation, and # be irrevocable in all respects with respect to the calendar year(s) to which the election relates. If no election has ever been made by the Outside Director pursuant to [subsection 8(b)] above, he or she shall be deemed to have made an election to receive the entire cash portion of the Retainer in cash.
Form of Distribution and Permissive Election. The actuarial equivalent of Stecko’s Retirement Benefit shall be payable in the form of a lump sum upon the earliest of # the six-month anniversary of Stecko’s Employment Termination Date, # Stecko’s death or # a designated date in 2009 Stecko may designate no later than December 31, 2008 pursuant to such rules as the Company may establish. If Stecko designates a distribution date in 2009, he may accrue no additional Retirement Benefit after such distribution date.
A Member entitled to a Benefit shall elect a form of distribution under Section 8.6 in accordance with the Companys administrative procedures. Such election shall include such information as the Company may reasonably require and, if the distribution is to be made prior to the Members attainment of age 65, the election shall be made no more than 180 days prior to the distribution date elected by the Member.
Election An individual who is a Director on the Effective Date may elect by election duly filed with (and received by) the Committee on or before November 12, 2004, to defer all or a portion of his or her fees for Board or committee meetings from November 12, 2004 to December 31, 2004
Election. Prior to 5:00 p.m. Eastern time on the final business day preceding June 1 of a given calendar year or, for a Non-Employee Director whose service as a Non-Employee Director commences in such given calendar year, such later date on which the Non-Employee Director’s service as a Non-Employee Director commences and that occurs prior to July 1 of such given calendar year (in any case, the “Election Deadline”), by delivery to the Company of a written election in a form provided by the Company (an “Election”), a Non-Employee Director may elect to receive payment of the entire Annual Retainer payable to the Non-Employee Director under this Program for services performed during the period beginning on July 1 occurring after the Election Deadline and ending on June 30 of the following calendar year (each such period, a “Service Year”) in the form of one or more options (each, an “Elective Option”) to purchase shares of the Company’s common stock (“Shares”) as set forth in this Section I(B) and Section II(D) rather than in cash in accordance with Section I(A). A Non-Employee Director who makes an Election will be granted a separate Elective Option for the Base Retainer (a “Base Retainer Elective Option”) and for each Committee Member Retainer (a “Committee Member Retainer Elective Option”) that such Non-Employee Director would, as of the applicable Issue Date, otherwise have been entitled to receive under this Program in cash for service on the Board and its committees during the applicable Service Year. If a Non-Employee Director commences service on a committee of the Board following the Issue Date for a given Service Year, the Non-Employee Director will receive the Committee Member Retainer for such committee service during the corresponding Service Year in cash pursuant to Section I(A) and not in the form of a Committee Member Retainer Elective Option under this Section II(B).
Agent’s Election. Promptly after receipt of a Notice of Borrowing (or telephonic notice in lieu thereof) pursuant to [Section 2.2(b)], Agent shall elect, in its discretion, # to have the terms of [Section 2.2(g)] apply to such requested Borrowing, or # to request Wells Fargo to make a Non-Ratable Loan pursuant to the terms of [Section 2.2(h)] in the amount of the requested Borrowing; provided, however, that if Wells Fargo declines in its discretion to make a Non-Ratable Loan pursuant to [Section 2.2(h)], Agent shall elect to have the terms of [Section 2.2(g)] apply to such requested Borrowing.
Dividend Election. Each Participant (or, where applicable, a Participant’s beneficiary or an alternate payee) will have the right to elect to receive a cash payment of the dividends, if any, paid on all shares (vested or unvested) of Common Stock in the Participant’s ESOP Account or to reinvest such vested dividends in Common Stock in the Participant’s ESOP Account. Participants shall be fully vested in all dividends, if any, paid on the shares of Common Stock held in the Participant’s
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