Examples of Incentive Election in a sentence
With respect to Incentive Election #1, if you die, become Disabled, are terminated without Cause (as defined below), resign for Good Reason (as defined below), or there is a Change in Control prior to the payment of the Second Cash Payment, then the Second Cash Payment shall be paid by the Company to you (or your heirs) within five business days of such event.
If you elect Incentive Election #2, you will receive an amount equal to the Closing Cash Amount within two business days after the Closing.
On or prior to October 19, 2005 (the "Election Deadline"), you agree to elect which Incentive Election (defined below) will be awarded to you following the closing of the transactions contemplated by the Purchase Agreement (the "Closing") by delivering to the Vice President of Finance an executed election notice in substantially the form of Exhibit A attached hereto (the "Election Notice").
If you do not deliver the Election Notice to the Vice President of Finance by the Election Deadline, then you will be deemed to have chosen Incentive Election #1 (the "Default Election") and you will receive an amount equal to the Closing Cash Payment within two days after the Closing and, subject to Section 7, an additional incentive amount equal to the Closing Cash Payment on the 180th day after the Closing.
With respect to Incentive Election #2 and Incentive Election #3, if you die, become Disabled, are terminated without Cause, resign for Good Reason, or there is a Change in Control prior to the first anniversary of the Closing, then upon the occurrence of any of the foregoing events, the Company's repurchase right shall immediately lapse.
I understand that If I have chosen Incentive Election #2 or Incentive Election #3 and there are not a sufficient number of shares available under the Plan or the Certificate, then I will be deemed to have selected Incentive Election #1.
An Eligible Employee may participate in the Deferred Long-Term Incentive portion of this Plan by executing a Long-Term Incentive Election on or before the date prescribed by the Committee with respect to any Long-Term Incentive which is not yet recognizable by the Eligible Employee for federal income tax purposes.
The Long-Term Incentive Election shall be made on a form approved by the Committee, which shall require the electing Eligible Employee to defer all or a specified amount of the Long-Term Incentive.
In no event may a Deferred Incentive Election Form be executed and delivered as to any portion of such award that is substantially certain to be paid.
Xxxxxxx ------------------------------------- Print Name EXHIBIT A FORM OF ELECTION NOTICE Pursuant to the terms of that certain letter agreement dated October ___, 2005 (the "Letter Agreement"), I hereby elect (check one): Incentive Election #1 ---- Incentive Election #2 ---- Incentive Election #3 ---- I acknowledge and agree that I have read and understand the terms of the Letter Agreement and that the Company has advised me to seek legal and tax advice prior to making my election.