Common use of Timing of Delivery Clause in Contracts

Timing of Delivery. On the Vesting Date, or as soon thereafter as administratively practicable but in no event later than December 31, 20__, the Company shall issue Shares to the Grantee (or, if applicable, the Grantee’s estate) with respect to Stock Units that become vested on the Vesting Date or that become vested pursuant to Section 5.3. Shares with respect to Stock Units that become vested pursuant to Section 4, 5.1 or 5.2 shall be issued upon the date such Stock Units become vested, or as soon thereafter as administratively practicable; provided, however, that if the Grantee is a “specified employee” within the meaning of Section 409A of the Code as of the date of the Grantee’s termination of employment based on the Grantee’s Share ownership (at least 1% of the outstanding Shares) or compensation relative to other employees (in the top 50) and determined in accordance with policies and procedures adopted by the Company, any Shares with respect to Stock Units which have become vested pursuant to Section 4 due to the termination of the Grantee’s employment as a result of the Grantee’s Retirement, a Sale Termination, or the Grantee becoming Disabled (other than a Disability which constitutes a disability within the meaning of Section 409A of the Code) shall be issued as soon as administratively practicable after the first day of the calendar month following the date which is six (6) months after the date of the Grantee’s termination of employment.

Appears in 3 contracts

Sources: Stock Unit Award Agreement (Wendys International Inc), Stock Unit Award Agreement (Wendys International Inc), Stock Unit Award Agreement (Wendy's/Arby's Group, Inc.)