102 AWARDS Sample Clauses

102 AWARDS. 4.1. Awards granted pursuant to this Section 3 are intended to be granted as either 102 Capital Gain Awards or 102 Ordinary Income Awards. 102 Trustee Awards shall be granted subject to the special terms and conditions contained in this Section 3 and the general terms and conditions of the Plan, except for any provisions of the Plan applying to Awards under different tax laws or regulations. 4.2. Subject to Applicable Law, the Company shall choose only one type of 102 Trustee Award at any given time to Employees who are to be granted 102 Trustee Awards pursuant to this Appendix, and shall file an election with the ITA regarding the type of 102 Award it elects to grant before the date of grant of any Award (the “Election”). Such Election shall also apply to any other securities or the rights thereto received by any Employee as a result of his rights to the 102 Trustee Awards. The Company may change the type of 102 Award that it elects to grant only after the expiration of at least 12 months from the end of the year in which the first grant was made in accordance with the previous Election, and only in accordance with Section 102 (g) of the ITO. An Election shall not prevent the Company from granting 102 Non-Trustee Awards. 4.3. Subject to Applicable Law, 102 Awards may only be granted to Employees and such 102 Awards may be granted either to the safekeeping of a Trustee or without the safekeeping by a Trustee. Individuals who are not Eligible 102 Participants may only be granted Section 3(i) Awards. 4.4. Each Award granted pursuant to this Sub-Plan only after at least 30 days have elapsed from the date of the requisite filings required by the ITO (unless otherwise approved by the ITA) 4.5. Each Award granted pursuant to this Sub-Plan shall be evidenced by an Award Agreement. The Award Agreement or other documents evidencing the Awards granted pursuant to this Sub-Plan shall indicate whether the grant is a 102 Trustee Award, a Non-Trustee Award, or a 3(i) Award, and if the grant is a 102 Trustee Award, whether it is a 102 Capital Gains Award or a 102 Ordinary Income Award and the details of the Trustee appointed.