Common use of Changing of Elections Clause in Contracts

Changing of Elections. The elections made in paragraph 3 hereof may be changed by submitting an effective superseding election if such superseding election (i) is effective on or after the first day of the 13th month after I make such superseding election, (ii) I make the election at least 12 months prior to the date that the Shares would have been distributed (or begun to be distributed) to me pursuant to my initial election, and (iii) the election defers my receipt of Shares for at least 5 years from the date that the Shares would have been distributed (or begun to be distributed) to me—other than distributions on account of my death, Disability, or unforeseeable emergency within the meaning of Code Section 409A(a)(2)(B)(ii)—pursuant to my initial election.

Changing of Elections. The elections made in paragraph 3 hereof may be changed by submitting an effective superseding election if such superseding election (i) is effective on or after the first day of the 13th month after I make such superseding election, (ii) I make the election at least 12 months prior to the date that the Shares would have been distributed (or begun to be distributed) to me pursuant to my initial election, and (iii) the election defers my receipt of Shares for at least 5 years from the date that the Shares would have been distributed (or begun to be distributed) to me—other than distributions on account of my death, Disability, or unforeseeable emergency within the meaning of Code Section 409A(a)(2)(B)(ii)—pursuant 409A(a)(2)(B)(ii)— pursuant to my initial election.