Common use of Scheduled Distributions Clause in Contracts

Scheduled Distributions. To the extent that the right to receive Common Shares with respect to the RSUs has become nonforfeitable in accordance with Section 1 of this Award Agreement, distributions in respect of the Participant’s Account shall be made, subject to the terms and conditions of Section 5 hereof, in the form of Common Shares equivalent to the number of vested RSUs in the Participant’s Account, deliverable to the Participant on the earlier of ___________________ or __________________. Distributions for which an election hereunder is made by Participant pursuant to this Section to defer the distribution beyond March 15 of the year following the year in which the RSUs become nonforfeitable under the terms of Section 1 must be done in accordance with the rules and regulations established by §409A of the Internal Revenue Code. These include the required six (6) month delay in a distribution for a Specified Employee upon a “separation from service”. Further, any subsequent change to an election to delay the distribution date must be for at least five (5) years beyond the initial deferred distribution date and the modified election must be made at least twelve (12) months prior to the original distribution date. There can be no acceleration of a distribution date other than as described in Section 4(b).

Scheduled Distributions. To the extent that the right to receive Common Shares with respect to the RSUs has become nonforfeitable in accordance with Section 1 of this Award Agreement, distributions in respect of the Participant’s Account shall be made, subject to the terms and conditions of Section 5 hereof, in the form of Common Shares equivalent to the number of vested RSUs in the Participant’s Account, deliverable to the Participant on the earlier of ___________________ or __________________. Distributions for which an election hereunder is made by Participant pursuant to this Section to defer the distribution beyond March 15 of the year following the year in which the RSUs become nonforfeitable under the terms of Section 1 must be done in accordance with the rules and regulations established by §409A of the Internal Revenue Code. These include the required six (6) month delay in a distribution for a Specified Employee upon a “separation from service”. Further, any subsequent change to an election to delay the distribution date must be for at least five (5) years beyond the initial deferred distribution date and the modified election must be made at least twelve (12) months prior to the original distribution date. There can be no acceleration of a distribution date other than as described in Section 4(b).