New Elections in 2007 and 2008 Sample Clauses

New Elections in 2007 and 2008. Notwithstanding anything in Paragraph 4(a) to the contrary and subject to the limitation on Deferral Elections set forth in Paragraph 5(d), if you made a Deferral Election in accordance with Paragraph 4(a), then during calendar years 2007 and 2008 you will be permitted to make a new election with respect to the Payment Date and form for issuance (Short-Term Payout or Retirement Benefit, as described in ANNEX A) of the shares of Common Stock underlying this Agreement; provided, however, that you shall not be permitted to elect a new Payment Date that is any earlier than the Conversion Date. To make an election pursuant to this Paragraph 4(c) you must complete the applicable election form and return or otherwise submit such form to the Record Keeper by no later than December 31, 2007 (for elections made in 2007) and December 31, 2008 (for elections made in 2008), which are the dates on which such elections become irrevocable. Your election must comply with the applicable procedures established by the Committee from time to time. An election made pursuant to this Paragraph 4(c) shall be considered a Deferral Election for purposes of this Agreement.
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New Elections in 2007 and 2008. Notwithstanding anything in Paragraph 4(a) to the contrary and subject to the limitation on Deferral Elections set forth in Paragraph 5(d), if you made a Deferral Election in accordance with Paragraph 4(a), then during calendar years 2007 and 2008 you will be permitted to make a new election with respect to the Payment Date and form for issuance (Short-Term Payout or Retirement Benefit, as described in ANNEX A) of the shares of Common Stock underlying this Agreement; provided, however, that (A) an election pursuant to this Paragraph 4(c) shall not apply to any shares of Common Stock that would, under the terms of this Agreement (without consideration of any election pursuant to this Paragraph 4(c)), otherwise be issuable to you in 2007 and (B) you shall not be permitted to elect a new Payment Date that is any earlier than the Conversion Date. To make an election pursuant to this Paragraph 4(c) you must complete the applicable election form and return or otherwise submit such form to the Record Keeper by no later than December 31, 2007 (for elections made in 2007) and December 31, 2008 (for elections made in 2008), which is the date on which such elections become irrevocable. Notwithstanding anything in this Paragraph 4(c) to the contrary: (i) elections made during calendar year 2007 shall apply only to shares of Common Stock that would not otherwise be issuable in 2007 and shall not cause any shares to be issued in 2007 that would not otherwise be issuable in 2007; and (ii) elections made during calendar year 2008 shall apply only to shares of Common Stock that would not otherwise be issuable in 2008 and shall not cause any shares to be issued in 2008 that would not otherwise be issuable in 2008. Your election must comply with the applicable procedures established by the Committee from time to time. An election made pursuant to this Paragraph 4(c) shall be considered a Deferral Election for purposes of this Agreement.

Related to New Elections in 2007 and 2008

  • Distributions in General Except as otherwise provided in Article 7 hereof and subject to Sections 17-607 and 17-804 of the Act, for any fiscal year all Cash Available for Distribution, net proceeds from any Terminating Capital Transaction and Financing Proceeds shall be distributed to the Partners at least quarterly.

  • Reductions in Force Sec. 2401

  • Continuation and Conversion Elections By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 12:00 noon, New York City time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than one Business Day's notice (in the case of a conversion of LIBO Rate Loans to Base Rate Loans) or three Business Days' notice (in the case of a continuation of LIBO Rate Loans or a conversion of Base Rate Loans into LIBO Rate Loans) nor more than five Business Days' notice (in the case of any Loans) that all, or any portion (a) in a minimum amount of $1,000,000 or any larger integral multiple of $500,000, be, in the case of Base Rate Loans, converted into LIBO Rate Loans or, in the case of LIBO Rate Loans, continued as LIBO Rate Loans or (b) in a minimum amount of $500,000 or any larger integral multiple of $100,000, be, in the case of LIBO Rate Loans, converted into Base Rate Loans (in the absence of delivery of a Continuation/Conversion Notice with respect to any LIBO Rate Loan at least three Business Days before the last day of the then current Interest Period with respect thereto, such LIBO Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (x) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of the relevant Lenders, and (y) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, LIBO Rate Loans when any Default or Event of Default has occurred and is continuing.

  • Distributions in Kind Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10.

  • Lender Elections to Increase Each Lender shall notify the Administrative Agent within such time period whether or not it agrees to increase its Commitment and, if so, whether by an amount equal to, greater than, or less than its Applicable Percentage of such requested increase. Any Lender not responding within such time period shall be deemed to have declined to increase its Commitment.

  • Fund Elections Each Fund (or its Investment Advisor acting on its behalf) may elect to enter into and execute foreign exchange transactions with third parties that are not affiliated with the Custodian, with State Street Global Markets, which is the foreign exchange division of State Street Bank and Trust Company and its affiliated companies (“SSGM”), or with a sub-custodian. Where the Fund or its Investment Advisor gives Proper Instructions for the execution of a foreign exchange transaction using an indirect foreign exchange service described in the Client Publications, the Fund (or its Investment Advisor) instructs the Custodian, on behalf of the Fund, to direct the execution of such foreign exchange transaction to SSGM or, when the relevant currency is not traded by SSGM, to the applicable sub-custodian. The Custodian shall not have any agency (except as contemplated in preceding sentence), trust or fiduciary obligation to the Fund, its Investment Advisor or any other person in connection with the execution of any foreign exchange transaction. The Custodian shall have no responsibility under this Agreement for the selection of the counterparty to, or the method of execution of, any foreign exchange transaction entered into by the Fund (or its Investment Advisor acting on its behalf) or the reasonableness of the execution rate on any such transaction.

  • Monitoring of Contribution Limitations Information The Custodian shall not be responsible for monitoring the amount of contributions made to the designated beneficiary’s account or the income levels of any depositor or contributor for purposes of assuring compliance with applicable state or federal tax laws.

  • Distribution of Financial Contribution The financial contribution of the Funding Authority to the Project shall be distributed by the Coordinator according to: - the Consortium Plan - the approval of reports by the Funding Authority, and - the provisions of payment in Section 7.3. A Party shall be funded only for its tasks carried out in accordance with the Consortium Plan.

  • Distributions; Investments (a) Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock other than Permitted Distributions; or (b) directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so.

  • Elective Distributions in Cash or Shares Whenever the Company intends to distribute a dividend payable at the election of the holders of Shares in cash or in additional Shares, the Company shall give notice thereof to the Depositary at least 30 days prior to the proposed distribution stating whether or not it wishes such elective distribution to be made available to Holders of ADSs. Upon receipt of notice indicating that the Company wishes such elective distribution to be made available to Holders of ADSs, the Depositary shall consult with the Company to determine, and the Company shall assist the Depositary in its determination, whether it is lawful and reasonably practicable to make such elective distribution available to the Holders of ADSs. The Depositary shall make such elective distribution available to Holders only if (i) the Company shall have timely requested that the elective distribution is available to Holders of ADRs, (ii) the Depositary shall have received satisfactory documentation within the terms of Section 5.7 hereof (including, without limitation, any legal opinions of counsel in any applicable jurisdiction that the Depositary in its reasonable discretion may request, at the expense of the Company) and (iii) the Depositary shall have determined that such distribution is lawful and reasonably practicable. If the above conditions are not satisfied, the Depositary shall, to the extent permitted by law, distribute to the Holders, on the basis of the same determination as is made in the local market in respect of the Shares for which no election is made, either cash upon the terms described in Section 4.1 hereof or additional ADSs representing such additional Shares upon the terms described in Section 4.2 hereof. If the above conditions are satisfied, the Depositary shall establish an ADS Record Date (on the terms described in Section 4.7 hereof) and establish procedures to enable Holders to elect the receipt of the proposed dividend in cash or in additional ADSs. The Company shall assist the Depositary in establishing such procedures to the extent necessary. Subject to Section 5.9 hereof, if a Holder elects to receive the proposed dividend in cash, the dividend shall be distributed upon the terms described in Section 4.1 hereof or in ADSs, the dividend shall be distributed upon the terms described in Section 4.2 hereof. Nothing herein shall obligate the Depositary to make available to Holders a method to receive the elective dividend in Shares (rather than ADSs). There can be no assurance that Holders generally, or any Holder in particular, will be given the opportunity to receive elective distributions on the same terms and conditions as the holders of Shares.

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