Deemed Investments Clause Samples

Deemed Investments. (a) For purposes of measuring the amounts to be credited (or debited) to the Executive's Account, the Executive may select, from the investment options or other investment media provided by the Trustee and approved by the Company, the investments in which all or part of her Account shall be deemed to be invested. In no event shall any Executive be entitled to have any such investments made other than on a deemed basis. The Accounts maintained pursuant to this Plan are for bookkeeping purposes only, and neither the Company nor the Trustee is under any obligation to invest any amounts credited to such Accounts. (b) The Executive shall make an investment designation (in such other manner as specified by the Plan Administrator or the Company) which shall remain effective until another valid direction has been made by the Executive. The Executive may amend her investment designation at such times and in such manner as prescribed by the Plan Administrator. A timely change to the Executive's investment designation shall become effective as soon as administratively practicable in accordance with procedures established by the Plan Administrator. The investment options or investment media deemed to be made available to the Executive, and any limitation on the maximum or minimum percentages of the Executive's Account that may be deemed to be invested in any particular option or investment, shall be the same as from time to time communicated to the Executive by the Plan Administrator. (c) The Trustee shall invest assets of the Trust in accordance with the terms and provisions of the trust agreement that establishes and governs the Trust.

Deemed Investments. The balance of a Non-Elective Deferred Award Account that is not subject to prescribed investment provisions under the Non-Elective Deferred Award Terms shall be subject to the investment provisions of paragraph 2 of Article III of this SERP Agreement. If any portion of a Non-Elective Deferred Award is subject to prescribed investment provisions under the Non-Elective Deferred Award Terms, the balance in the Non-Elective Deferred Award Account reflecting such portion of the Non-Elective Deferred Award shall be invested and reinvested as determined by such prescribed investment provisions. As the prescribed investment provisions lapse, the investment of the balance in the Non-Elective Deferred Award Account shall be subject to the investment provisions of paragraph 2 of Article III of this SERP Agreement.

Deemed Investments. Responsibility for directing deemed investment of Participants’ Accounts has been delegated to the following: [select one] ¨ Employer.

Deemed Investments. All amounts deferred for a calendar year shall be treated as having been invested in shares of Common Stock, and the directors account shall be adjusted as set forth below. Each such director's account shall be expressed in shares of Common Stock. In the event any director ceases to be a director during a calendar year, any unearned fees and retainers which were deferred in such calendar year shall be forfeited at the then current Fair Market Value of the Common Stock. Such forfeitures shall not be credited to any other director's account, but shall be kept in a suspense account to be used for the deemed investment of deferrals in subsequent calendar years. There shall be credited to each director's account an amount equal to dividends or other distributions with respect to Common Stock at the time such dividends or other distributions are paid or made. With respect to cash amounts so paid, such amounts shall be treated as having been invested in shares of Common Stock. No director may acquire under the Plan more than one (1%) percent of the shares of Common Stock outstanding on the date the Plan was adopted, and together with all plans of the Company (other than plans for which shareholder approval is not required) more than five (5%) percent of the Common Stock outstanding on the date the Plan was adopted.

Deemed Investments. 18 8.3 Adjustments to Deferred Compensation Account ...........18

Deemed Investments. (a) For purposes of measuring the amounts to be credited (or debited) to a Participant's Account, a Participant or the Participant investment advisor may select, from the investment options or other investment media selected by the Plan Administrator and approved by the Employer, the investments in which all or part of his or her Account shall be deemed to be invested. In no event shall any Participant be entitled to have any such investments made other than on a deemed basis. The Accounts maintained pursuant to this Plan are for bookkeeping purposes only, and neither the Employer nor the Trustee is under any obligation to invest any amounts credited to such Accounts. (b) The Participant or the Participant's investment advisor shall make an investment designation (on the Election Form used to elect to defer Compensation under Section 4.1 or in such other manner as specified by the Plan Administrator or the Employer) which shall remain effective until another valid direction has been made by the Participant or the Participant's investment advisor. The Participant or the Participant's investment advisor may amend the Participant's investment designation at such times and in such manner as prescribed by the Plan Adminstrator. A timely change to the Participant's investment designation shall become effective as soon as administratively practicable in accordance with procedures established by the Plan Administrator. The investment options or investment media deemed to be made available to the Participant, and any limitation on the maximum or minimum percentages of the Participant's Account that may be deemed to be invested in any particular option or investment, shall be the same as from time to time communicated to the Participant by the Plan Administrator. (c) The Participant's appointment of an investment advisor to act on his or her behalf under subsection (a.), shall not be effective until the Participant notifies the Employer of such appointment in a manner acceptable to the Employer. The removal of any Participant's investment advisor shall not be effective until the Participant notifies the Employer of the removal in a manner acceptable to the Employer. (d) The Trustee shall invest assets of the Trust in accordance with the terms and provisions of the trust agreement that establishes and governs the Trust.

Deemed Investments. The Deferred Compensation Account of a Participant shall be credited with an investment return determined as if the account were invested in one or more investment funds made available by the Committee. The Participant shall elect the investment funds in which his Deferred Compensation Account shall be deemed to be invested. Such election shall be made in the manner prescribed by the Committee and shall take effect upon the entry of the Participant into the Plan. The investment election of the Participant shall remain in effect until a new election is made by the Participant. In the event the Participant fails for any reason to make an effective election of the investment return to be credited to his account, the investment return shall be determined by the Committee. Notwithstanding the foregoing, a Participant shall not be permitted to select a deemed investment fund with regard to deferrals of restricted stock units, which deferrals shall be deemed invested in the Company common stock fund.