Common use of Terminating Transactions Clause in Contracts

Terminating Transactions. Upon the dissolution or liquidation of the Company prior to the Award becoming 100% vested, this Award shall terminate. Upon the occurrence of a Change in Control, this Award shall be considered 100% vested as of the date of the Change in Control and distribution will be made in the form and within the applicable time period described in Section 6; provided, however, that a distribution will only be made pursuant to this Section 11 if such Change in Control also constitutes a “change in control event” under Code Section 409A.

Terminating Transactions. Upon the dissolution or liquidation of the Company prior to the Award becoming 100% vested, vested this Award shall terminate. Upon the occurrence of a Change in ControlControl (as defined in the Plan), this Award shall be considered 100% vested as of the date of the Change in Control and distribution will be made in the form and within the applicable time period described in Section 6; provided, however, that a distribution will only be made pursuant to this Section 11 if such 5 within thirty (30) days after the occurrence of the Change in Control also constitutes a “change in control event” under Code Section 409A.Control.