Common use of Rights as Shareholder; Dividend Equivalents Clause in Contracts

Rights as Shareholder; Dividend Equivalents. Prior to the distribution of Shares with respect to Units pursuant to Section 3 above, Participant shall not have ownership or rights of ownership of any Shares underlying the Units; provided, however, that Participant shall be entitled to receive cash dividend equivalents on outstanding Units (i.e. Units that have not been forfeited or settled), whether vested or unvested, if cash dividends on the Common Stock are declared by the Board on or after the Grant Date. Participant shall be entitled to dividend equivalents with respect to a number of Units equal to the Final Award Number. Such dividend equivalents will be in an amount of cash per Unit equal to the cash dividend paid with respect to a share of outstanding Common Stock. The dividend equivalents shall be treated as earnings on, and as a separate amount from, the Units for purposes of Section 409A of the Code. Dividend equivalents accrued prior to the Determination Date will be paid to Participant as soon as administratively feasible following the Determination Date, provided, however, that such payment will occur in all cases between January 1st and March 15th of the calendar year immediately following the calendar year in which the last day of the Performance Period occurs. After the Determination Date, dividend equivalents will be paid to Participant with respect to Units that have not been settled and paid out on the same payment dates as dividends are paid to holders of the Common Stock. For avoidance of doubt, such dividend equivalents will be paid in the year in which the dividends on Common Stock are declared, provided, however, that for dividends declared in December, the dividend equivalents will be paid in January of the following year. Dividend equivalents paid with respect to dividends declared before the delivery of the Shares underlying the Units will be treated as compensation income for tax purposes and will be subject to income and payroll tax withholding by the Company.

Appears in 2 contracts

Samples: Restricted Stock Unit Award Agreement (Us Bancorp \De\), Restricted Stock Unit Award Agreement (Us Bancorp \De\)

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Rights as Shareholder; Dividend Equivalents. Prior to the distribution of Shares with respect to Units pursuant to Section 3 above3, Participant shall not have ownership or rights of ownership of any Shares underlying the Units; provided, however, that Participant shall be entitled to receive cash dividend equivalents shall accrue on outstanding Units (i.e. Units that have not been forfeited or settled)the Shares underlying the Units, whether such Units are vested or unvested, if cash dividends are declared by the Company’s Board of Directors on the Common Stock are declared by the Board on or after the Grant Date. Participant shall be entitled to dividend equivalents with respect to a number of Units equal to the Final Award Number. Such dividend equivalents will be in an amount of cash per Unit equal to the cash dividend paid with respect to a share of outstanding Common Stock. The dividend equivalents shall be treated as earnings on, and as a separate amount from, the Units for purposes of Section 409A of the Code. Dividend equivalents accrued prior to the Determination Date will be paid to Participant as soon as administratively feasible after the Determination Date (but in no event later than 30 days following the Determination Date, provided, however, that such payment will occur in all cases between January 1st and March 15th of the calendar year immediately following the calendar year in which the last day of the Performance Period occurs). After the Determination Date, dividend equivalents will be paid to Participant with respect to Units that have not been settled and paid out unvested Shares on the same payment dates as dividends are paid to holders of the Common Stock. For avoidance of doubtStock are paid; provided, such however, that, in all events, any dividend equivalents will paid in accordance with this sentence shall be paid in the calendar year in which the dividends on Common Stock are declared, providedor, howeverif later, on or before the date that for is two and one-half months after the date on which such dividends declared in December, the dividend equivalents will be paid in January of the following yearare declared. Dividend equivalents paid with respect to dividends declared before the delivery of the Shares underlying the Units will be treated as compensation income for tax purposes and will be subject to income and payroll tax withholding by the Company.

Appears in 2 contracts

Samples: Restricted Stock Unit Award Agreement (Us Bancorp \De\), Restricted Stock Unit Award Agreement (Us Bancorp \De\)

Rights as Shareholder; Dividend Equivalents. Prior to the distribution of Shares with respect to Units pursuant to Section 3 above, Participant shall not have ownership or rights of ownership of any Shares underlying the Units; provided, however, that Participant shall be entitled to receive cash dividend equivalents shall accrue on outstanding Units (i.e. Units that have not been forfeited or settled)the Shares underlying the Units, whether such Units are vested or unvested, if cash dividends are declared by the Company’s Board of Directors on the Common Stock are declared by the Board on or after the Grant Date. Participant shall be entitled to dividend equivalents with respect to a number of Units equal to the Final Award Number. Such dividend equivalents will be in an amount of cash per Unit equal to the cash dividend paid with respect to a share of outstanding Common Stock. The dividend equivalents shall be treated as earnings on, and as a separate amount from, the Units for purposes of Section 409A of the Code. Dividend equivalents accrued prior to the Determination Date will be paid to Participant as soon as administratively feasible after the Determination Date (but in no event later than 30 days following the Determination Date, provided, however, that such payment will occur in all cases between January 1st and March 15th of the calendar year immediately following the calendar year in which the last day of the Performance Period occurs). After the Determination Date, dividend equivalents will be paid to Participant with respect to Units that have not been settled and paid out unvested Shares on the same payment dates as dividends are paid to holders of the Common Stock. For avoidance of doubtStock are paid; provided, such however, that, in all events, any dividend equivalents will paid in accordance with this sentence shall be paid in the calendar year in which the dividends on Common Stock are declared, providedor, howeverif later, on or before the date that for is two and one-half months after the date on which such dividends declared in December, the dividend equivalents will be paid in January of the following yearare declared. Dividend equivalents paid with respect to dividends declared before the delivery of the Shares underlying the Units will be treated as compensation income for tax purposes and will be subject to income and payroll tax withholding by the Company.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Us Bancorp \De\)

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Rights as Shareholder; Dividend Equivalents. Prior to the distribution of Shares with respect to Units pursuant to Section 3 above4, Participant shall not have ownership or rights of ownership of any Shares underlying the Units; provided, however, that Participant shall be entitled to receive cash dividend equivalents shall accrue on outstanding Units (i.e. Units that have not been forfeited or settled)the Shares underlying the Units, whether such Units are vested or unvested, if cash dividends are declared by the Company’s Board of Directors on the Common Stock are declared by the Board on or after the Grant Date. Participant shall be entitled to dividend equivalents with respect to a number of Units equal to the Final Award Number. Such dividend equivalents will be in an amount of cash per Unit equal to the cash dividend paid with respect to a share of outstanding Common Stock. The dividend equivalents shall be treated as earnings on, and as a separate amount from, the Units for purposes of Section 409A of the Code. Dividend equivalents accrued prior to the Determination Date will be paid to Participant as soon as administratively feasible after the Determination Date (but in no event later than 30 days following the Determination Date, provided, however, that such payment will occur in all cases between January 1st and March 15th of the calendar year immediately following the calendar year in which the last day of the Performance Period occurs). After the Determination Date, dividend equivalents will be paid to Participant with respect to Units that have not been settled and paid out unvested Shares on the same payment dates as dividends are paid to holders of the Common Stock. For avoidance of doubtStock are paid; provided, such however, that, in all events, any dividend equivalents will paid in accordance with this sentence shall be paid in the calendar year in which the dividends on Common Stock are declared, providedor, howeverif later, on or before the date that for is two and one-half months after the date on which such dividends declared in December, the dividend equivalents will be paid in January of the following yearare declared. Dividend equivalents paid with respect to dividends declared before the delivery of the Shares underlying the Units will be treated as compensation income for tax purposes and will be subject to income and payroll tax withholding by the Company.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Us Bancorp \De\)

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