Available Units Clause Samples

Available Units. Subject to adjustment as provided in Section 4.3, the aggregate number of Units with respect to which Purchased Units (other than Purchased Units held as of the closing of the Acquisition Transaction pursuant to the Equity Rollover) and Matching Awards may be issued or granted under the Plan, when combined with Units subject to outstanding Restricted Equity Unit awards pursuant to the Insomnia Cookies Holdings, LLC Long Term Incentive Plan (the “LTIP”), shall not exceed 5% of fully diluted equity of the Company as of the date of the Acquisition Transaction. In calculating the fully diluted Units available for grant under this Section 4.1, (i) any Units that were subject to any award under the Plan or the LTIP that is canceled, terminates, expires, lapses, is settled or is forfeited for any reason, in whole or in part, without the issuance of the Units related thereto and (ii) any Units issued pursuant to the terms of the Plan or the LTIP that have been repurchased by the Company pursuant to the applicable provisions of the Plan or the LTIP shall not be counted as against such limit on the issuance of Units under the Plan.

Available Units. The Program has six classes of Units, each with a different fee structure, for the investment of assets in an Account (each a “Unit” and together the “Units”). Each Unit, and its associated fee structure, is described in detail in the Plan Disclosure Statement. At the time of a contribution, Account Owner shall select which class of Units are to be invested in with such contribution and may indicate the Unit class in which future contributions are to be invested. Account Owner may at any time change the class of Units in which future contributions to the Account will be invested by completing and delivering to the Program Manager a form established by the Program Manager indicating the Unit class to which contributions made after the Program Manager’s receipt of such form are subject. Upon any reallocation of the Account among Investment Portfolios, the class of Units received upon reallocation shall be in each case the same as the class of Units surrendered.

Available Units. As of each Determination Date, provided that the Grantee has been in continuous Employment since the Grant Date, the Grantee shall vest in the number of Earned Restricted Stock Units calculated in subparagraph (b) below based on the percentage of the Target Restricted Stock Units (the “Available Units”) in accordance with the following schedule: First anniversary of Grant Date 33 1/3% 1-Year TSR Second anniversary of Grant Date 33 1/3% 2-Year TSR Third anniversary of Grant Date 33 1/3% 3-Year TSR

Available Units. As of the Closing, construction shall have been substantially completed on at least 10 villa units included in Parcel A, as evidenced by a certificate from the applicable Project architect to the Purchaser, and there shall be at least 100 Fractional Interests in Parcel A that are either available for immediate sale or that are under a sales contract that has not yet closed.

Available Units. Number of units represented by listings that can be returned in a search, as of the close of business of the date stated at the top of the report.