Common use of Electronic Clause in Contracts

Electronic. Delivery The Company may choose to deliver certain statutory materials relating to the Plan in electronic form. By accepting this grant you agree that the Company may deliver the Plan prospectus and the Company’s annual report to you in an electronic format. If at any time you would prefer to receive paper copies of these documents, please contact Xxxxxxx Xxxx at xxxxxxx.xxxx@xxxxxxxxxxxxx.xxx or 000-000-0000 to request paper copies of these documents. Code Section 409A For purposes of this Agreement, you shall have a “Separation from Service” when the Company reasonably anticipates that your level of Service will permanently decrease to no more than 20 percent of the average level of Service you have performed over the immediately preceding 36-month period (or such lesser period of your Service with the Company and its Affiliates), which shall be interpreted consistently with the provisions of Section 409A of the Code and the regulations promulgated thereunder (“Section 409A”). It is intended that the Agreement comply with Section 409A to the extent subject thereto, and, accordingly, to the maximum extent permitted, the Agreement will be interpreted and administered to be in compliance with Section 409A. To the extent that the Company determines that you would be subject to the additional taxes or penalties imposed on certain nonqualified deferred compensation plans pursuant to Section 409A as a result of any provision of this Agreement, such provision shall be deemed amended to the minimum extent necessary to avoid application of such additional taxes or penalties. The nature of any such amendment shall be determined by the Company. Notwithstanding anything to the contrary in this Agreement or the Plan, to the extent required to avoid accelerated taxation and penalties under Section 409A, amounts that would otherwise be payable and benefits that would otherwise be provided pursuant to the Agreement during the six-month period immediately following your Separation from Service will instead be paid on the first payroll date after the six-month anniversary of your Separation from Service (or your death, if earlier). Each installment of PSUs that vests under this Agreement (if there is more than one installment) will be considered one of a series of separate payments for purposes of Section 409A. By signing this Agreement, you agree to all of the terms and conditions described above and in the Plan. EXHIBIT A [Performance metrics, performance period, certification date and impact of change of control to be added each year.]

Appears in 2 contracts

Samples: Performance Share Unit Agreement (QualityTech, LP), Performance Share Unit Agreement (QualityTech, LP)

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Electronic. Delivery The Company may choose to deliver certain statutory materials relating to the Plan in electronic form. By accepting this grant you agree that the Company may deliver the Plan prospectus and the Company’s annual report to you in an electronic format. If at any time you would prefer to receive paper copies of these documents, please contact Xxxxxxx Sxxxxxx Xxxx at xxxxxxx.xxxx@xxxxxxxxxxxxx.xxx sxxxxxx.xxxx@xxxxxxxxxxxxx.xxx or 000900-000-0000 to request paper copies of these documents. Code Section 409A For purposes of this Agreement, you shall have a “Separation from Service” when the Company reasonably anticipates that your level of Service will permanently decrease to no more than 20 percent of the average level of Service you have performed over the immediately preceding 36-month period (or such lesser period of your Service with the Company and its Affiliates), which shall be interpreted consistently with the provisions of Section 409A of the Code and the regulations promulgated thereunder (“Section 409A”). It is intended that the Agreement comply with Section 409A to the extent subject thereto, and, accordingly, to the maximum extent permitted, the Agreement will be interpreted and administered to be in compliance with Section 409A. To the extent that the Company determines that you would be subject to the additional taxes or penalties imposed on certain nonqualified deferred compensation plans pursuant to Section 409A as a result of any provision of this Agreement, such provision shall be deemed amended to the minimum extent necessary to avoid application of such additional taxes or penalties. The nature of any such amendment shall be determined by the Company. Notwithstanding anything to the contrary in this Agreement or the Plan, to the extent required to avoid accelerated taxation and penalties under Section 409A, amounts that would otherwise be payable and benefits that would otherwise be provided pursuant to the Agreement during the six-month period immediately following your Separation from Service will instead be paid on the first payroll date after the six-month anniversary of your Separation from Service (or your death, if earlier). Each installment of PSUs that vests under this Agreement (if there is more than one installment) will be considered one of a series of separate payments for purposes of Section 409A. By signing this Agreement, you agree to all of the terms and conditions described above and in the Plan. EXHIBIT A [Performance metrics, performance period, period and certification date and impact of change of control to be added each year.]

Appears in 1 contract

Samples: Performance Share Unit Agreement (QualityTech, LP)

Electronic. Delivery The Company may choose to deliver certain statutory materials relating to the Plan in electronic form. By accepting this grant you agree that the Company may deliver the Plan prospectus and the Company’s annual report to you in an electronic format. If at any time you would prefer to receive paper copies of these documents, please contact Xxxxxxx Xxxx at xxxxxxx.xxxx@xxxxxxxxxxxxx.xxx or 000-000-0000 to request paper copies of these documents. Code Section 409A For purposes of this Agreement, you shall have a “Separation from Service” when the Company reasonably anticipates that your level of Service will permanently decrease to no more than 20 percent of the average level of Service you have performed over the immediately preceding 36-month period (or such lesser period of your Service with the Company and its Affiliates), which shall be interpreted consistently Form exclusively for grants to Xxxx Xxxxxxxx with the provisions of Section 409A of the Code and the regulations promulgated thereunder (“Section 409A”). It is intended that the Agreement comply with Section 409A to the extent subject thereto, and, accordingly, to the maximum extent permitted, the Agreement will be interpreted and administered to be in compliance with Section 409A. To the extent that the Company determines that you would be subject to the additional taxes or penalties imposed on certain nonqualified deferred compensation plans pursuant to Section 409A as a result of any provision of this Agreement, such provision shall be deemed amended to the minimum extent necessary to avoid application of such additional taxes or penalties. The nature of any such amendment shall be determined by the Company. Notwithstanding anything to the contrary in this Agreement or the Plan, to the extent required to avoid accelerated taxation and penalties under Section 409A, amounts that would otherwise be payable and benefits that would otherwise be provided pursuant to the Agreement during the six-month period immediately following your Separation from Service will instead be paid on the first payroll date after the six-month anniversary of your Separation from Service (or your death, if earlier). Each installment of PSUs that vests under this Agreement (if there is more than one installment) will be considered one of a series of separate payments for purposes of Section 409A. By signing this Agreement, you agree to all of the terms and conditions described above and in the Plan. Form exclusively for grants to Xxxx Xxxxxxxx EXHIBIT A [The number of PSUs that may be earned under the Award (“Earned PSUs”) shall be based on based on the Company’s Run-Rate over the Performance metricsPeriod, performance period, certification date and impact determined as follows: Run-Rate for the Performance Period Earned PSUs $3.20 200% of change the Target Number of control to be added each year.]PSUs $3.00 100% of the Target Number of PSUs $2.85 50% of the Target Number of PSUs < $2.85 0% of the Target Number of PSUs

Appears in 1 contract

Samples: Performance Share Unit Agreement (QualityTech, LP)

Electronic. Delivery The Company may choose to deliver certain statutory materials relating to the Plan in electronic form. By accepting this grant you agree that the Company may deliver the Plan prospectus and the Company’s annual report to you in an electronic format. If at any time you would prefer to receive paper copies of these documents, please contact Xxxxxxx Xxxx at xxxxxxx.xxxx@xxxxxxxxxxxxx.xxx or 000-000-0000 to request paper copies of these documents. Code Section 409A For purposes of this Agreement, you shall have a “Separation from Service” when the Company reasonably anticipates that your level of Service will permanently decrease to no more than 20 percent of the average level of Service you have performed over the immediately preceding 36-month period (or such lesser period of your Service with the Company and its Affiliates), which shall be interpreted consistently with the provisions of Section 409A of the Code and the regulations promulgated thereunder (“Section 409A”). It is intended that the Agreement comply with Section 409A to the extent subject thereto, and, accordingly, to the maximum extent permitted, the Agreement will be interpreted and administered to be in compliance with Section 409A. To the extent that the Company determines that you would be subject to the additional taxes or penalties imposed on certain nonqualified deferred compensation plans pursuant to Section 409A as a result of any provision of this Agreement, such provision shall be deemed amended to the minimum extent necessary to avoid application of such additional taxes or penalties. The nature of any such amendment shall be determined by the Company. Notwithstanding anything to the contrary in this Agreement or the Plan, to the extent required to avoid accelerated taxation and penalties under Section 409A, amounts that would otherwise be payable and benefits that would otherwise be provided pursuant to the Agreement during the six-month period immediately following your Separation from Service will instead be paid on the first payroll date after the six-month anniversary of your Separation from Service (or your death, if earlier). Each installment of PSUs that vests under this Agreement (if there is more than one installment) will be considered one of a series of separate payments for purposes of Section 409A. By signing this Agreement, you agree to all of the terms and conditions described above and in the Plan. EXHIBIT A [Performance metrics, performance period, period and certification date and impact of change of control to be added each year.]

Appears in 1 contract

Samples: Performance Share Unit Agreement (QualityTech, LP)

Electronic. Delivery The Company may choose to deliver certain statutory materials relating to the Plan in electronic form. By accepting this grant you agree that the Company may deliver the Plan prospectus and the Company’s annual report to you in an electronic format. If at any time you would prefer to receive paper copies of these documents, please contact Xxxxxxx Xxxx at xxxxxxx.xxxx@xxxxxxxxxxxxx.xxx or 000-000-0000 to request paper copies of these documents. Code Section 409A For purposes of this Agreement, you shall have a “Separation from Service” when the Company reasonably anticipates that your level of Service will permanently decrease to no more than 20 percent of the average level of Service you have performed over the immediately preceding 36-month period (or such lesser period of your Service with the Company and its Affiliates), which shall be interpreted consistently with the provisions of Section 409A of the Code and the regulations promulgated thereunder (“Section 409A”). It is intended that the Agreement comply with Section 409A to the extent subject thereto, and, accordingly, to the maximum extent permitted, the Agreement will be interpreted and administered to be in compliance with Section 409A. To the extent that the Company determines that you would be subject to the additional taxes or penalties imposed on certain nonqualified deferred compensation plans pursuant to Section 409A as a result of any provision of this Agreement, such provision shall be deemed amended to the minimum extent necessary to avoid application of such additional taxes or penalties. The nature of any such amendment shall be determined by the Company. Notwithstanding anything to the contrary in this Agreement or the Plan, to the extent required to avoid accelerated taxation and penalties under Section 409A, amounts that would otherwise be payable and benefits that would otherwise be provided pursuant to the Agreement during the six-month period immediately following your Separation from Service will instead be paid on the first payroll date after the six-month anniversary of your Separation from Service (or your death, if earlier). Each installment of PSUs that vests under this Agreement (if there is more than one installment) will be considered one of a series of separate payments for purposes of Section 409A. By signing this Agreement, you agree to all of the terms and conditions described above and in the Plan. EXHIBIT A [The number of PSUs that may be earned under the Award (“Earned PSUs”) shall be based on based on the Company’s Run-Rate over the Performance metricsPeriod, performance period, certification date and impact determined as follows: Run-Rate for the Performance Period Earned PSUs $3.20 200% of change the Target Number of control to be added each year.]PSUs $3.00 100% of the Target Number of PSUs $2.85 50% of the Target Number of PSUs < $2.85 0% of the Target Number of PSUs

Appears in 1 contract

Samples: Performance Share Unit Agreement (QualityTech, LP)

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Electronic. Delivery The Company may choose to deliver certain statutory materials relating to the Plan in electronic form. By accepting this grant you agree that the Company may deliver the Plan prospectus and the Company’s annual report to you in an electronic format. If at any time you would prefer to receive paper copies of these documents, please contact Xxxxxxx Xxxx at xxxxxxx.xxxx@xxxxxxxxxxxxx.xxx or 000-000-0000 to request paper copies of these documents. Code Section 409A For purposes of this Agreement, you shall have a “Separation from Service” when the Company reasonably anticipates that your level of Service will permanently decrease to no more than 20 percent of the average level of Service you have performed over the immediately preceding 36-month period (or such lesser period of your Service with the Company and its Affiliates), which shall be interpreted consistently with the provisions of Section 409A of the Code and the regulations promulgated thereunder (“Section 409A”). It is intended that the Agreement comply with Section 409A to the extent subject thereto, and, accordingly, to the maximum extent permitted, the Agreement will be interpreted and administered to be in compliance with Section 409A. To the extent that the Company determines that you would be subject to the additional taxes or penalties imposed on certain nonqualified deferred compensation plans pursuant to Section 409A as a result of any provision of this Agreement, such provision shall be deemed amended to the minimum extent necessary to avoid application of such additional taxes or penalties. The nature of any such amendment shall be determined by the Company. Notwithstanding anything to the contrary in this Agreement or the Plan, to the extent required to avoid accelerated taxation and penalties under Section 409A, amounts that would otherwise be payable and benefits that would otherwise be provided pursuant to the Agreement during the six-month period immediately following your Separation from Service will instead be paid on the first payroll date after the six-month anniversary of your Separation from Service (or your death, if earlier). Each installment of PSUs that vests under this Agreement (if there is more than one installment) will be considered one of a series of separate payments for purposes of Section 409A. By signing this Agreement, you agree to all of the terms and conditions described above and in the Plan. EXHIBIT A [The number of PSUs that may be earned under the Award (“Earned PSUs”) shall be based on the Total Shareholder Return compared to the Market Return over the Performance metricsPeriod, performance perioddetermined as follows: Performance Level Performance Achievement Earned PSUs Maximum Total Shareholder Return is 50 percentage points or more greater than the Market Return 200% of Target Number of PSUs Target Total Shareholder Return equals the Market Return 100% of Target Number of PSUs Threshold Total Shareholder Return is below the Market Return, certification date and impact but no more than 50 percentage points below 50% of change Target Number of control to be added each year.]PSUs Below Threshold Total Shareholder Return is more than 50 percentage points below the Market Return 0% of Target Number of PSUs

Appears in 1 contract

Samples: Performance Share Unit Agreement (QualityTech, LP)

Electronic. Delivery The Company may choose to deliver certain statutory materials relating to the Plan in electronic form. By accepting this grant you agree that the Company may deliver the Plan prospectus and the Company’s annual report to you in an electronic format. If at any time you would prefer to receive paper copies of these documents, please contact Xxxxxxx Xxxx at xxxxxxx.xxxx@xxxxxxxxxxxxx.xxx or 000-000-0000 to request paper copies of these documents. Code Section 409A For purposes of this Agreement, you shall have a “Separation from Service” when the Company reasonably anticipates that your level of Service will permanently decrease to no more than 20 percent of the average level of Service you have performed over the immediately preceding 36-month period (or such lesser period of your Service with the Company and its Affiliates), which shall be interpreted consistently with the provisions of Section 409A of the Code and the regulations promulgated thereunder (“Section 409A”). It is intended that the Agreement comply with Section 409A to the extent subject thereto, and, accordingly, to the maximum extent permitted, the Agreement will be interpreted and administered to be in compliance with Section 409A. To the extent that the Company determines that you would be subject to the additional taxes or penalties imposed on certain nonqualified deferred compensation plans pursuant to Section 409A as a result of any provision of this Agreement, such provision shall be deemed amended to the minimum extent necessary to avoid application of such additional taxes or penalties. The nature of any such amendment shall be determined by the Company. Notwithstanding anything to the contrary in this Form exclusively for grants to Xxxx Xxxxxxxx Agreement or the Plan, to the extent required to avoid accelerated taxation and penalties under Section 409A, amounts that would otherwise be payable and benefits that would otherwise be provided pursuant to the Agreement during the six-month period immediately following your Separation from Service will instead be paid on the first payroll date after the six-month anniversary of your Separation from Service (or your death, if earlier). Each installment of PSUs that vests under this Agreement (if there is more than one installment) will be considered one of a series of separate payments for purposes of Section 409A. By signing this Agreement, you agree to all of the terms and conditions described above and in the Plan. Form exclusively for grants to Xxxx Xxxxxxxx EXHIBIT A [The number of PSUs that may be earned under the Award (“Earned PSUs”) shall be based on the Total Shareholder Return compared to the Market Return over the Performance metricsPeriod, performance perioddetermined as follows: Performance Level Performance Achievement Earned PSUs Maximum Total Shareholder Return is 50 percentage points or more greater than the Market Return 200% of Target Number of PSUs Target Total Shareholder Return equals the Market Return 100% of Target Number of PSUs Threshold Total Shareholder Return is below the Market Return, certification date and impact but no more than 50 percentage points below 50% of change Target Number of control to be added each year.]PSUs Below Threshold Total Shareholder Return is more than 50 percentage points below the Market Return 0% of Target Number of PSUs

Appears in 1 contract

Samples: Performance Share Unit Agreement (QualityTech, LP)

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