Common use of Right to Defer Clause in Contracts

Right to Defer. (a) No later than the date of grant, the Participant may elect to defer distribution of the Shares relating only to his or her vested Restricted Stock Units. If the Participant so elects to defer, the election to defer shall provide that the distribution of the Shares relating to the Participant’s vested Restricted Stock Units shall be distributed on either: (i) a date specified by the Participant in the election form referred to in Section 4(c), which date shall not be earlier than , 201 1, provided, however, that in the event that the Participant’s Termination occurs prior to the date specified by the Participant, such Shares shall be distributed within 30 days following such Termination; or (ii) within 30 days following the Participant’s Termination. (b) If so elected, the Participant may not extend or otherwise change the deferral period elected under Section 4(a). (c) An election to defer distribution of the Shares relating to a Participant’s vested Restricted Stock Units under Section 4(a) shall be in writing on a form prescribed by the Company and shall be delivered to the Committee. In the absence of a written election to defer filed by the Participant with the Committee, any vested Restricted Stock Units shall be distributed in accordance with Section 3.

Right to Defer. (a) No later than Within the 30-day period following the date of grant, the Participant may elect to defer distribution of the Shares relating only to his or her vested Restricted Stock UnitsUnits that are scheduled to vest beginning on [INSERT VESTING DATES]. If the Participant so elects to defer, the election to defer shall provide that the distribution of the Shares relating to the Participant’s vested Restricted Stock Units shall be distributed on either: : (i) on a date specified by the Participant in the election form referred to in Section 4(c), which date shall not be earlier than , 201 1, [INSERT DATE]; provided, however, that in the event that the Participant’s Termination occurs prior to the date specified by the Participant, such Shares shall be distributed within 30 days following such Termination; or (ii) within 30 days as soon as practicable following the Participant’s Termination; or (ii) on the date of the Participant's Termination. (b) If so electedelected by the Participant (unless otherwise determined by the Board), the Participant may not extend or otherwise change the deferral period elected under Section 4(a). (c) An election to defer distribution of the Shares relating to a Participant’s vested Restricted Stock Units under Section 4(a) shall be in writing on a form prescribed by the Company and shall be delivered to the Committee. In the absence of a written election to defer filed by the Participant with the Committee, any vested Restricted Stock Units shall be distributed in accordance with Section 3.