Settlement of DSUs Sample Clauses
The 'Settlement of DSUs' clause defines the process by which Deferred Share Units (DSUs) are converted into cash or shares upon a triggering event, such as retirement or termination of service. Typically, this clause outlines the timing, method, and form of payment, specifying whether settlement will occur in a lump sum or installments, and whether the payout will be in company shares or cash equivalent. Its core practical function is to provide clear procedures for fulfilling the company's obligations to DSU holders, ensuring transparency and predictability in the settlement process.
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Settlement of DSUs. The Company agrees to settle my DSUs through issuing unrestricted Shares (with cash being paid in lieu of fractional Shares) in accordance with the earliest to occur of the events determined pursuant to my elections in the following schedule: My Death ¨ One lump sum distribution. ¨ Substantially equal annual payments over a period of years (up to 10). ¨ As soon as practicable. ¨ The next January 1st. ¨ Other: . My Disability ¨ One lump sum distribution. ¨ Substantially equal annual payments over a period of years (up to 10). ¨ As soon as practicable. ¨ The next January 1st. ¨ Other: . My Other Separation from Service ¨ One lump sum distribution. ¨ Substantially equal annual payments over a period of years (up to 10). ¨ As soon as practicable. ¨ The next January 1st. ¨ Other: . Change in Control ¨ One lump sum distribution. ¨ Substantially equal annual payments over a period of years (up to 10). ¨ As soon as practicable. ¨ The next January 1st. ¨ Other: . Specified Date ¨ One lump sum distribution. ¨ Substantially equal annual payments over a period of years (up to 10). ¨ Date: , .
Settlement of DSUs. 6.1 Subject to Section 9 hereof, the settlement date of the DSUs shall be the date of the Director’s Separation from Service (as defined below) for any reason unless settlement is deferred pursuant to Section 6.2. On the settlement date, the Company shall (a) issue and deliver to the Director a number of shares of Common Stock equal to the number of DSUs; and (b) enter the Director’s name on the books of the Company as the stockholder of record with respect to the shares of Common Stock delivered to the Director. For purposes of this Agreement, a “Separation from Service” shall have the meaning given such term under Section 409A of the Code.
6.2 Notwithstanding Section 6.1, the Director may elect to accelerate or defer the settlement of the DSUs beyond the Director’s Separation from Service. Any deferral election must be made in compliance with such rules and procedures as the Committee deems advisable.
Settlement of DSUs. The Company agrees to settle my DSUs through issuing unrestricted Shares (with cash being paid in lieu of fractional Shares) in accordance with the earliest to occur of the events determined pursuant to my elections in the following schedule: o My Death o One lump sum distribution. o Substantially equal annual payments over a period of years (up to 10). o As soon as practicable. o The next January 1st. o Other: . o My Disability o One lump sum distribution. o Substantially equal annual payments over a period of years (up to 10). o As soon as practicable. o The next January 1st. o Other: . o My Other Separation from Service o One lump sum distribution. o Substantially equal annual payments over a period of years (up to 10). o As soon as practicable. o The next January 1st. o Other: . o Change in Control o One lump sum distribution. o Substantially equal annual payments over a period of years (up to 10). o As soon as practicable. o The next January 1st. o Other: . o Specified Date o One lump sum distribution. o Substantially equal annual payments over a period of years (up to 10). Date: , .
Settlement of DSUs. Except as provided in this Section 2, DSUs that are no longer subject to the vesting period shall be settled six months following termination of service as a director for any reason. Subject to Section 14(d) of the Plan (pertaining to the withholding of taxes), at such time as the DSUs are settled pursuant to this Section 2, for each vested DSU settled the Corporation shall issue (either in book-entry form or otherwise) one share of Common Stock and cause to be delivered to the Grantee one or more unlegended, freely-transferable stock certificates in respect of such shares issued upon settlement of the vested DSUs. Notwithstanding the foregoing, the Corporation shall be entitled to hold the shares or cash issuable upon settlement of DSUs that have vested until the Corporation or the agent selected by the Corporation to manage the Plan under which the DSUs have been issued (the “Agent”) shall have received from the Grantee a duly executed Form W-9 or W-8, as applicable; failure of the Grantee to provide such Form W-9 or W-8 during the six-month period following termination of service shall result in forfeiture of the shares or cash issuable upon settlement of DSUs. In addition, the Corporation’s obligation to deliver shares of Common Stock or otherwise make payment with respect to the DSUs is subject to the condition that the Grantee deliver to the Corporation any representations, other documents or assurances that the Committee may deem necessary or desirable to assure compliance with all applicable legal and accounting requirements.
Settlement of DSUs. Shares underlying your vested DSU Award shall be distributed on the first of the following events to occur: (a) the date of your Separation from Service from the Company for any reason (b) the closing date of a Change in Control, and (c) the date of your death (a “Distribution Event”). In the event of a Distribution Event, the Shares shall be distributed under the Plan in a lump sum, as soon as practicable after (but no later than 60 days after) the Distribution Event. Notwithstanding the foregoing, if you timely elected to receive your Shares following your Separation from Service in installments, then distributions of your Shares following your Separation from Service shall be made in accordance with such timely election, with the first installment to be distributed within 60 days following the date you Separate from Service and the remaining installments on each subsequent anniversary date of the first installment provided that in the event of your death or the consummation of a Change in Control, any remaining installments shall be paid in a lump sum within 60 days of the date of your death or the closing date of a Change in Control. In the event such 60-day period spans two calendar years, the Shares shall be distributed, or commence to be distributed, as applicable, in the second calendar year. A payment may be further delayed to the extent permitted in accordance with regulations and guidance under Section 409A. Notwithstanding the foregoing, if you are a “specified employee” (determined in accordance with Treasury Regulations issued under Section 409A) for the year in which your Separation from Service occurs, such Shares shall be distributed or commence on the first business day that is at least six months after the Separation from Service occurs, except as otherwise permissible under Section 409A.
Settlement of DSUs. (a) DSUs shall be settled within sixty (60) days after the Vesting Date specified in Section 2, except as otherwise provided in a valid deferral election made by the Participant in accordance with Treasury Regulation Section 1.409A-2 in a manner acceptable to the Company. On the settlement date, the Company shall deliver to the Participant one or more certificates (or provide for book-entry) representing the number of Shares equal to the number of DSUs which are vested on or before such Termination Date, except as otherwise specified in Section 3(b) below. The Company shall not be liable to the Participant for damages relating to any delays in issuing certificates, any loss of certificates, or any mistakes or errors in issuance of the certificates or in the certificates themselves (or book entries, respectively, as the case may be).
(b) To assist the Participant in satisfying federal, state, local, or non-U.S. income tax obligations arising from the DSUs, the Company will allow the Participant to make a one-time irrevocable election no later than (60) days after the Date of Grant specified in the Notice of Grant, authorizing the Company to pay cash in lieu of Shares with respect to a percentage of the DSUs equal to the sum of (i) the federal tax rate for supplemental wages in effect under Section 1(i)(2) of the Code and (ii) any applicable state tax rate for supplemental wages (the sum of (i) and (ii) being hereinafter referred to as the “Tax Percentage”). The amount of cash paid in lieu of such Shares shall be equal to (I) the number of DSUs (rounded up to the nearest whole DSU) corresponding to the Tax Percentage, multiplied by (II) the per Share Fair Market Value. Any election to receive a portion of the DSUs paid in cash as specified in this Section 3(b), shall not be effective with respect to any Settlement Date that occurs within six (6) months after the later of the date of the election or the Date of ▇▇▇▇▇ specified in the Notice of Grant.
Settlement of DSUs. Each DSU will be settled by delivery to the Participant, or in the event of the Participant's death to the Participant's legal representative, promptly following the date or dates set forth on Exhibit A hereto (any such date, the "Settlement Date") one Share.
Settlement of DSUs. The Participant’s interest in the DSUs shall be settled in one whole Share for each DSU and a single cash payment in lieu of any fractional Share. The Company shall issue the Shares and make the cash payment to the Participant within thirty days after the earlier of (a) the date of a Change in Control or (b) the later of (x) the first anniversary of the Date of Grant or (y) except as provided in Section 13, the date the Participant Separates from Service.
Settlement of DSUs. The Company shall cause to be issued and delivered to you, or to your designated beneficiary or estate in the event of your death, one Share in payment and settlement of each vested DSU subject to this Agreement as soon as administratively practicable (but no more than 60 days) following a termination of your Service that constitutes a “separation from service” as such term is defined for purposes of Code Section 409A. Delivery of Shares in settlement of a 2014 DSU Award shall be effected by an appropriate entry in the stock register maintained by the Company’s transfer agent with a notice of issuance provided to you, or by the electronic delivery of the Shares to a brokerage account you designate, and shall be subject to compliance with all applicable legal requirements, including compliance with the requirements of applicable federal and state securities laws.
Settlement of DSUs. (1) Except as otherwise provided in the DSU Agreement, all of the vested DSUs covered by a particular grant shall be settled following the Participant’s Termination Date but no later than the end of the Restriction Period (the “DSU Settlement Date”). Following the receipt of such settlement, the DSU so settled shall be of no value whatsoever and shall be removed from the Participant’s Account.
(2) Settlement of DSUs shall take place promptly following the DSU Settlement Date, and no later than the end of the Restriction Period, and take the form determined by the Board, in its sole discretion. Settlement of DSUs shall take place through:
(a) in the case of settlement of DSUs for their Cash Equivalent, delivery of a cheque or any other form of payment deemed acceptable by the Board to the Participant representing the Cash Equivalent;
(b) in the case of settlement of DSUs for Shares: