Restricted Stock Unit Award Agreement Deferral Election Form between Behringer Harvard Multifamily REIT I, Inc. and Employee

Contract Categories: Human Resources › Bonus & Incentive Agreements
Summary

This agreement is between Behringer Harvard Multifamily REIT I, Inc. and an eligible employee who has received Restricted Stock Units (RSUs) under the company's incentive plan. The employee can choose to defer the settlement of their RSUs until either separation from service or a specified future year, subject to certain tax rules. If the employee dies or there is a change of control before the chosen date, the shares will be issued within 30 days. The deferral election must be made within 30 days of the grant date and becomes final after that period.

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EX-10.2 3 a14-3528_1ex10d2.htm EX-10.2

Exhibit 10.2

 

RESTRICTED STOCK UNIT AWARD AGREEMENT

 

DEFERRAL ELECTION FORM

 

This Restricted Stock Unit Award Agreement Deferral Election Form (“Deferral Election Form”) is entered into by and between Behringer Harvard Multifamily REIT I, Inc. (the “Company”) and the Grantee, who is an eligible employee of the Company or any of its subsidiaries and a recipient of Restricted Stock Units granted under the Behringer Harvard Multifamily REIT I, Inc. Amended and Restated 2006 Incentive Award Plan (the “Plan”).

 

1.                                      Deferral of Restricted Stock Units

 

The Grantee hereby elects the following deferred settlement date for the Restricted Stock Units granted to him or her on                                       , 2014 (the “Grant Date”).

 

Select One Option Only

 

o                                    Separation from Service (within the meaning of Section 409A of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (“Section 409A”).  If the Grantee is considered a Specified Employee within the meaning of Section 409A, no shares of Stock will be issued until six months and a day after his or her Separation from Service.

 

o                                                (specify year that is at least [three] years from the Grant Date)

 

In the event of the death of the Grantee or a Change of Control (as defined in the Plan) before the deferred settlement dated selected above, the shares of Stock with respect to vested Restricted Stock Units shall be issued no later than 30 days after the Grantee’s death or the Change of Control, whichever is applicable.

 

2.                                      Effective Date of Election

 

This Deferral Election Form must be received by the Company no later than 30 days after the Grant Date, and will become irrevocable on such date.  The Grantee may revise this Deferral Election Form with respect to the deferral period no later than such due date.

 

 

GRANTEE

 

 

 

 

 

By:

 

 

 

Name:

 

 

 

 

Date: