Examples of Cash Settlement Election in a sentence
Employee’s Restricted Stock Unit Account shall be debited by the number of Restricted Stock Units, if any, forfeited in accordance with Paragraph 7 and by the number of Shares transferred to Employee in accordance with Paragraph 6 with respect to such Restricted Stock Units or settled in cash pursuant to the Cash Settlement Election.
On the Settlement Date, (x) the Notes Trustee shall deliver the Designated Amount of the Senior Notes or (y) with respect to any Senior Notes as to which NRG has made a Cash Settlement Election, NRG shall deliver the Cash Settlement Amount to the Trust against delivery of the Notes Purchase Price by the Trust to NRG.
The Corporation, the Committee and the members of the Board of Directors shall not be liable for any act, omission or determination taken or made in good faith with respect to this Agreement, the Restricted Stock Units (or the Shares issuable pursuant thereto) granted hereunder or any Cash Settlement Election.
Settlement Terms applicable to the Transaction: Method of Settlement: Net Share Settlement; provided that, with respect to all Warrants to be exercised on the Expiration Dates, Cash Settlement shall apply if the Company validly elects Cash Settlement pursuant to the provisions of "Cash Settlement Election" below.
Subject to the Corporation’s right to make a Cash Settlement Election, the Corporation shall cause that number of Shares equal to the number of Restricted Stock Units vesting as of such date to be transferred to Employee in accordance with Paragraph 9 of this Agreement.
Net Cash Settlement Election: Party B may elect, by notice in writing to Party A (given through the Agent), that Net Cash Settlement applies, in which case the Net Share Settlement terms set out above shall not apply.
Subject to the Corporation’s right to make a Cash Settlement Election, evidence of the issuance of the Restricted Stock Units pursuant to this Agreement may be accomplished in such manner as the Corporation or its authorized representatives shall deem appropriate, including, without limitation, electronic registration or the creation of a bookkeeping account (as determined by the Corporation or its authorized representatives, a “Restricted Stock Unit Account”).
Upon the Corporation’s determination to pursue a Cash Settlement Election, the Employee shall receive, instead of the Shares otherwise issuable upon vesting of the Restricted Stock Units, a cash payment in the amount determined by multiplying (i) the number of Restricted Stock Units vesting pursuant to Paragraph 6 by (ii) the Fair Market Value on the vesting date.
If the Company fails to timely notify Dealer of its Cash Settlement Election, the Company shall be deemed to have made an irrevocable election to effect delivery to Dealer through its agent, for no additional consideration, of the number of Private Securities determined pursuant to Annex B (“Private Settlement”).
Until receipt of the Shares in accordance with Paragraph 6 of this Agreement, and subject to the Corporation’s right to make a Cash Settlement Election, Employee will not be entitled to the rights of a stockholder, including the right to vote or receive dividends.