Common use of Assignment of Sale Proceeds; Payment of Tax Withholding by Check Clause in Contracts

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policy, the Participant shall satisfy the Company’s tax withholding obligations in accordance with procedures established by the Company providing for delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of Units. Notwithstanding the foregoing, the Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering written notice of such election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such election, the Participant agrees to deliver a check for the full amount of the required tax withholding to the Company on or before the third business day following the Settlement Date. If the Participant elects to pay the required tax withholding by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 6, including by effecting a sale of some or all of the shares being acquired upon settlement of Units, withholding from payroll and any other amounts payable to the Participant, or by withholding shares in accordance with Section 6.c.

Appears in 16 contracts

Samples: Restricted Stock Units Agreement (Caseys General Stores Inc), Restricted Stock Units Agreement (Caseys General Stores Inc), Restricted Stock Units Agreement (Caseys General Stores Inc)

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Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policy, the Participant shall satisfy the Company’s tax withholding obligations in accordance with procedures established by the Company providing for delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of Units. Notwithstanding the foregoing, the Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering written notice of such election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such election, the Participant agrees to deliver a check for the full amount of the required tax withholding to the Company on or before the third business day following the Settlement Date. If the Participant elects to pay the required tax withholding by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized at authorized, in its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 65, including by effecting a sale of some or all of the shares being acquired upon settlement of Units, withholding from payroll and any other amounts payable to the Participant, or by withholding shares in accordance with Section 6.c5.c. of this Agreement.

Appears in 4 contracts

Samples: Restricted Stock Units Agreement (Caseys General Stores Inc), Restricted Stock Units Agreement (Caseys General Stores Inc), Restricted Stock Units Agreement (Caseys General Stores Inc)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policy, the Company may permit the Participant shall to satisfy the Company’s tax withholding obligations in accordance with procedures established by the Company providing for either (i) delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares Shares being acquired upon settlement of Units, or (ii) payment by check. Notwithstanding the foregoing, the The Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering shall deliver written notice of any such permitted election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such electionIf the Participant elects payment by check, the Participant agrees to deliver a check for the full amount of the required tax withholding to the Company (or its Affiliates, if applicable) on or before the third business day following the Settlement Date. If the Participant elects to pay the required tax withholding payment by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized authorized, at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 67, including by effecting directing a sale for the account of the Participant of some or all of the shares Shares being acquired upon settlement of UnitsUnits from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares Shares in accordance with Section 6.c7.3.

Appears in 4 contracts

Samples: Restricted Stock Units Agreement (Marchex Inc), Restricted Stock Units Agreement (Rubios Restaurants Inc), Restricted Stock Units Agreement (Marchex Inc)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policy, the Company may permit the Participant shall to satisfy the Participating Company’s tax withholding obligations in accordance with procedures established by the Company providing for either (i) delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of Units, or (ii) payment by check. Notwithstanding the foregoing, the The Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering shall deliver written notice of any such permitted election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such electionIf the Participant elects payment by check, the Participant agrees to deliver a check for the full amount of the required tax withholding to the applicable Participating Company on or before the third business day following the Settlement Date. If the Participant elects to pay the required tax withholding payment by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized authorized, at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 67, including by effecting directing a sale for the account of the Participant of some or all of the shares being acquired upon settlement of UnitsUnits from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares in accordance with Section 6.c7.3.

Appears in 3 contracts

Samples: Restricted Stock Units Agreement (Extreme Networks Inc), Restricted Stock Units Agreement (Extreme Networks Inc), Restricted Stock Units Agreement (Immersion Corp)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policy, the Company may permit the Participant shall to satisfy the Participating Company’s tax withholding obligations in accordance with procedures established by the Company providing for either (i) delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of UnitsVested Shares, or (ii) payment by check. Notwithstanding the foregoing, the The Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering shall deliver written notice of any such permitted election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement the date on which the Company’s tax withholding obligation arises (the “Withholding Date”). By making such electionIf the Participant elects payment by check, the Participant agrees to deliver a check for the full amount of the required tax withholding to the applicable Participating Company on or before the third business day following the Settlement Withholding Date. If the Participant elects to pay the required tax withholding payment by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized authorized, at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 66.1, including by effecting directing a sale for the account of the Participant of some or all of the shares being acquired upon settlement of UnitsVested Shares from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares in accordance with Section 6.c6.1(c).

Appears in 3 contracts

Samples: Restricted Stock Agreement (Ross Stores Inc), Restricted Stock Agreement (Ross Stores Inc), Restricted Stock Agreement (Ross Stores Inc)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policy, the Participant Company shall permit Purchaser to satisfy the CompanyCompany Group’s tax withholding obligations in accordance with procedures established by the Company providing for either (i) delivery by the Participant Purchaser to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of UnitsVested Shares, or (ii) payment by Purchaser’s check. Notwithstanding the foregoing, the Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering Purchaser shall deliver written notice of any such election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement the date on which the Company’s tax withholding obligation arises (the “Withholding Date”). By making such electionIf Purchaser elects payment by check, the Participant Purchaser agrees to deliver a check for the full amount of the required tax withholding to the applicable member of the Company Group on or before the third business day following the Settlement Withholding Date. If the Participant Purchaser elects to pay the required tax withholding payment by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized authorized, at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 67(a), including by effecting directing a sale for the account of Purchaser of some or all of the shares being acquired upon settlement of UnitsVested Shares from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Purchaser or by withholding shares in accordance with Section 6.c7(a)(iii).

Appears in 3 contracts

Samples: Stock Option Exercise (Super Micro Computer, Inc.), Stock Option Exercise (Super Micro Computer, Inc.), Restricted Stock Purchase Agreement (Super Micro Computer, Inc.)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policy, the Company may permit the Participant shall to satisfy the Participating Company’s tax withholding obligations in accordance with procedures established by the Company providing for either (i) delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of UnitsVested Shares, or (ii) payment by check. Notwithstanding the foregoing, the The Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering shall deliver written notice of any such permitted election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement the date on which the Company’s tax withholding obligation arises (the “Withholding Date”). By making such electionIf the Participant elects payment by check, the Participant agrees to deliver a check for the full amount of the required tax withholding to the applicable Participating Company on or before the third business day following the Settlement Withholding Date. If the Participant elects to pay the required tax withholding payment by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized authorized, at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 610.1, including by effecting directing a sale for the account of the Participant of some or all of the shares being acquired upon settlement of UnitsVested Shares from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares in accordance with Section 6.c10.1(c).

Appears in 3 contracts

Samples: Performance Share Agreement (Ross Stores Inc), Performance Share Agreement (Ross Stores Inc), Performance Share Agreement (Ross Stores Inc)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policy, the Participant shall satisfy the Company’s tax withholding obligations in accordance with procedures established by the Company providing for delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of Units. Notwithstanding the foregoing, the Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering written notice of such election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such election, the Participant agrees to deliver a check for the full amount of the required tax withholding to the Company on or before the third business day following the Settlement Date. If the Participant elects to pay the required tax withholding by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 65, including by effecting a sale of some or all of the shares being acquired upon settlement of Units, withholding from payroll and any other amounts payable to the Participant, or by withholding shares in accordance with Section 6.c5.c.

Appears in 2 contracts

Samples: Restricted Stock Units Agreement (Caseys General Stores Inc), Restricted Stock Units Agreement (Caseys General Stores Inc)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s 's Xxxxxxx Xxxxxxx Policy, the Participant shall satisfy the Company’s 's tax withholding obligations in accordance with procedures established by the Company providing for delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of Units. Notwithstanding the foregoing, the Participant may elect to pay by check the amount of the Company’s 's tax withholding obligations arising on any Settlement Date by delivering written notice of such election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such election, the Participant agrees to deliver a check for the full amount of the required tax withholding to the Company on or before the third business day following the Settlement Date. If the Participant elects to pay the required tax withholding by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 67, including by effecting a sale of some or all of the shares being acquired upon settlement of Units, withholding from payroll and any other amounts payable to the Participant, or by withholding shares in accordance with Section 6.c7(c).

Appears in 2 contracts

Samples: Restricted Stock Units Agreement (Mattson Technology Inc), Restricted Stock Units Agreement (Mattson Technology Inc)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policy, the Participant shall satisfy the Company’s tax withholding obligations in accordance with procedures established by the Company providing for delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of Units. Notwithstanding the foregoing, the Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering written notice of such election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such election, the Participant agrees to deliver a check for the full amount of the required tax withholding to the Company on or before the third business day following the Settlement Date. If the Participant elects to pay the required tax withholding by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 67, including by effecting a sale of some or all of the shares being acquired upon settlement of Units, withholding from payroll and any other amounts payable to the Participant, or by withholding shares in accordance with Section 6.c7(c).

Appears in 2 contracts

Samples: Restricted Stock Units Agreement, Restricted Stock Units Agreement

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx any Trading Compliance Policy, the Company may permit the Participant shall to satisfy the Company’s tax withholding obligations in accordance with procedures established by the Company providing for either (i) delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares of Stock being acquired upon settlement of Units, or (ii) payment by check. Notwithstanding the foregoing, the The Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering shall deliver written notice of any such permitted election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such electionIf the Participant elects payment by check, the Participant agrees to deliver a check for the full amount of the required tax withholding to the Company (or its Affiliates, if applicable) on or before the third business day following the Settlement Date. If the Participant elects to pay the required tax withholding payment by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized authorized, at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 67, including by effecting directing a sale for the account of the Participant of some or all of the shares of Stock being acquired upon settlement of UnitsUnits from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares of Stock in accordance with Section 6.c7.3 below.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Jamba, Inc.), Restricted Stock Unit Agreement (Jamba, Inc.)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Trading Compliance Policy, the Company may permit the Participant shall to satisfy the Company’s tax withholding obligations in accordance with procedures established by the Company providing for either (i) delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares of Stock being acquired upon settlement of Units, or (ii) payment by check. Notwithstanding the foregoing, the The Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering shall deliver written notice of any such permitted election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such electionIf the Participant elects payment by check, the Participant agrees to deliver a check for the full amount of the required tax withholding to the Company (or its Affiliates, if applicable) on or before the third business day following the Settlement Date. If the Participant elects to pay the required tax withholding payment by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized authorized, at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 67, including by effecting directing a sale for the account of the Participant of some or all of the shares of Stock being acquired upon settlement of UnitsUnits from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares of Stock in accordance with Section 6.c7.3.

Appears in 2 contracts

Samples: Restricted Stock Units Agreement (Jamba, Inc.), Restricted Stock Units Agreement (Jamba, Inc.)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Ixxxxxx Xxxxxxx Policy, the Participant shall satisfy the Participating Company’s tax withholding obligations in accordance with procedures established by the Company providing for delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of Units. Notwithstanding the foregoing, the Participant may elect to pay by check the amount of the Participating Company’s tax withholding obligations arising on any Settlement Date by delivering written notice of such election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such election, the Participant agrees to deliver a check for the full amount of the required tax withholding to the applicable Participating Company on or before the third business day following the Settlement Date. If the Participant elects to pay the required tax withholding by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 67, including by effecting directing a sale for the account of the Participant of some or all of the shares being acquired upon settlement of UnitsUnits from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares in accordance with Section 6.c7.3.

Appears in 1 contract

Samples: Stock Option Agreement (Trident Microsystems Inc)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policy, the Participant shall satisfy the Participating Company’s tax withholding obligations in accordance with procedures established by the Company providing for delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of Units. Notwithstanding the foregoing, the Participant may elect to pay by check the amount of the Participating Company’s tax withholding obligations arising on any Settlement Date by delivering written notice of such election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such election, the Participant agrees to deliver a check for the full amount of the required tax withholding to the applicable Participating Company on or before the third business day following the Settlement Date. If the Participant elects to pay the required tax withholding by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 67, including by effecting directing a sale for the account of the Participant of some or all of the shares being acquired upon settlement of UnitsUnits from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares in accordance with Section 6.c7.3.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (Super Micro Computer, Inc.)

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Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and any ixxxxxx xxxxxxx policy of the Company’s Xxxxxxx Xxxxxxx Policy, the Company may permit the Participant shall to satisfy the Participating Company’s tax withholding obligations in accordance with procedures established by the Company providing for either (i) delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of UnitsVested Shares, or (ii) payment by check. Notwithstanding the foregoing, the The Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering shall deliver written notice of any such permitted election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement the date on which the Company’s tax withholding obligation arises (the “Withholding Date”). By making such electionIf the Participant elects payment by check, the Participant agrees to deliver a check for the full amount of the required tax withholding to the applicable Participating Company on or before the third business day following the Settlement Withholding Date. If the Participant elects to pay the required tax withholding payment by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized authorized, at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 66.1, including by effecting directing a sale for the account of the Participant of some or all of the shares being acquired upon settlement of UnitsVested Shares from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares in accordance with Section 6.c6.1(c).

Appears in 1 contract

Samples: Restricted Stock Agreement (Solar Enertech Corp)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Trading Compliance Policy, the Company may permit the Participant shall to satisfy the Company’s tax withholding obligations in accordance with procedures established by the Company providing for either (i) delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares Shares being acquired upon settlement of Units, or (ii) payment by check. Notwithstanding the foregoing, the The Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering shall deliver written notice of any such permitted election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such electionIf the Participant elects payment by check, the Participant agrees to deliver a check for the full amount of the required tax withholding to the Company (or its Affiliates, if applicable) on or before the third business day following the Settlement Date. If the Participant elects to pay the required tax withholding payment by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized authorized, at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 67, including by effecting directing a sale for the account of the Participant of some or all of the shares Shares being acquired upon settlement of UnitsUnits from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares Shares in accordance with Section 6.c7.3.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (Jamba, Inc.)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx PolicyPolicies, the Company may permit the Participant shall to satisfy the Company’s tax withholding obligations in accordance with procedures established by the Company providing for either (i) delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares Shares being acquired upon settlement of Units. Notwithstanding the foregoing, the Participant may elect to pay (ii) payment by check or such other procedure established by the amount Committee pursuant to Section 13.2 of the Company’s tax withholding obligations arising on any Settlement Date by delivering Plan. The Participant shall deliver written notice of any such permitted election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such a Settlement Date. By making such electionIf the Participant elects payment by check, the Participant agrees to deliver a check for the full amount of the required tax withholding to the Company on or before the third business day following the Settlement Date. If the Participant elects to pay the required tax withholding payment by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized authorized, at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 67, including by effecting directing a sale for the account of the Participant of some or all of the shares Shares being acquired upon settlement of UnitsUnits from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares Shares in accordance with Section 6.c7.3.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (Adventrx Pharmaceuticals Inc)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policy, the Participant shall satisfy the Company’s tax withholding obligations in accordance with procedures established by the Company providing for delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of the Units. Notwithstanding the foregoing, the Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering written notice of such election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such election, the Participant agrees to deliver a check for the full amount of the required tax withholding to the Company on or before the third business day following the applicable Settlement Date. If the Participant elects to pay the required tax withholding by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized at authorized, in its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 65, including by effecting a sale of some or all of the shares being acquired upon settlement of UnitsXxxxx, withholding from payroll and any other amounts payable to the Participant, or by withholding shares in accordance with Section 6.c5.c. of this Agreement.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (Caseys General Stores Inc)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Ixxxxxx Xxxxxxx Policy, the Company may permit the Participant shall to satisfy the Company’s tax withholding obligations in accordance with procedures established by the Company providing for either (i) delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of UnitsVested Shares, or (ii) payment by check. Notwithstanding the foregoing, the The Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering shall deliver written notice of any such permitted election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement the date on which the Company’s tax withholding obligation arises (the “Withholding Date”). By making such electionIf the Participant elects payment by check, the Participant agrees to deliver a check for deliver, via wire transfer to an account specified by the applicable Company, the full amount of the required tax withholding to the Company on or before the third business day following the Settlement Withholding Date. If the Participant elects to pay the required tax withholding payment by check wire transfer but fails to make such payment as required by the preceding sentence, the Company is hereby authorized authorized, at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 66.1, including by effecting directing a sale for the account of the Participant of some or all of the shares being acquired upon settlement of UnitsVested Shares from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares in accordance with Section 6.c6.1(c).

Appears in 1 contract

Samples: Restricted Stock Agreement (Cytori Therapeutics, Inc.)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policy, the Company may permit the Participant shall to satisfy the Participating Company’s tax withholding obligations in accordance with procedures established by the Company providing for either (i) delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of UnitsCommon Shares, or (ii) payment by check. Notwithstanding the foregoing, the The Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering shall deliver written notice of any such permitted election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement the date on which the Company’s tax withholding obligation arises (the “Withholding Date”). By making such electionIf the Participant elects payment by check, the Participant agrees to deliver a check for the full amount of the required tax withholding to the applicable Participating Company on or before the third business day following the Settlement Withholding Date. If the Participant elects to pay the required tax withholding payment by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized authorized, at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 67, including by effecting directing a sale for the account of the Participant of some or all of the shares being acquired upon settlement of UnitsCommon Shares from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares in accordance with Section 6.c7.3.

Appears in 1 contract

Samples: Performance Share Agreement (Ross Stores Inc)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policypolicy, the Company may permit the Participant shall to satisfy the Participating Company’s tax withholding obligations in accordance with procedures established by the Company providing for either (i) delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of Units, or (ii) payment by check. Notwithstanding the foregoing, the The Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering shall deliver written notice of any such permitted election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such electionIf the Participant elects payment by check, the Participant agrees to deliver a check for the full amount of the required tax withholding to the applicable Participating Company on or before the third business day following the Settlement Date. If the Participant elects to pay the required tax withholding payment by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized authorized, at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 67, including by effecting directing a sale for the account of the Participant of some or all of the shares being acquired upon settlement of UnitsUnits from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares in accordance with Section 6.c7.3.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (Pico Holdings Inc /New)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policy, the Participant shall satisfy the Company’s tax withholding obligations in accordance with procedures established by the Company providing for delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of Units. Notwithstanding the foregoing, the Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering written notice of such election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement Date. By making such election, the Participant agrees to deliver a check for the full amount of the required tax withholding to the Company on or before the third business day following the applicable Settlement Date. If the Participant elects to pay the required tax withholding by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized at authorized, in its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 65, including by effecting a sale of some or all of the shares being acquired upon settlement of Units, withholding from payroll and any other amounts payable to the Participant, or by withholding shares in accordance with Section 6.c5.c. of this Agreement.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (Caseys General Stores Inc)

Assignment of Sale Proceeds; Payment of Tax Withholding by Check. Subject to compliance with applicable law and the Company’s Xxxxxxx Xxxxxxx Policy, the Company may permit the Participant shall to satisfy the Participating Company’s tax withholding obligations in accordance with procedures established by the Company providing for either (i) delivery by the Participant to the Company or a broker approved by the Company of properly executed instructions, in a form approved by the Company, providing for the Exhibit 10.1 assignment to the Company of the proceeds of a sale with respect to some or all of the shares being acquired upon settlement of UnitsVested Shares, or (ii) payment by check. Notwithstanding the foregoing, the The Participant may elect to pay by check the amount of the Company’s tax withholding obligations arising on any Settlement Date by delivering shall deliver written notice of any such permitted election to the Company on a form specified by the Company for this purpose at least thirty (30) days (or such other period established by the Company) prior to such Settlement the date on which the Company’s tax withholding obligation arises (the “Withholding Date”). By making such electionIf the Participant elects payment by check, the Participant agrees to deliver a check for the full amount of the required tax withholding to the applicable Participating Company on or before the third business day following the Settlement Withholding Date. If the Participant elects to pay the required tax withholding payment by check but fails to make such payment as required by the preceding sentence, the Company is hereby authorized authorized, at its discretion, to satisfy the tax withholding obligations through any other means authorized by this Section 610.1, including by effecting directing a sale for the account of the Participant of some or all of the shares being acquired upon settlement of UnitsVested Shares from which the required taxes shall be withheld, by withholding from payroll and any other amounts payable to the Participant, Participant or by withholding shares in accordance with Section 6.c10.1(c).

Appears in 1 contract

Samples: Performance Share Agreement (Ross Stores Inc)

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