Settlement Contract Clauses (1,457)
Grouped Into 47 Collections of Similar Clauses From Business Contracts
This page contains Settlement clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Settlement. Except as otherwise provided above in Section 2(c), the Committee will certify the performance results, and the resulting number of vested Restricted Stock Units, promptly following the end of the Performance Period. Shares will be distributed to the Grantee in respect of vested Restricted Stock Units within 2 1⁄2 months following the end of the Performance Period (the "Settlement Date").
Settlement.
Except as otherwise provided above in Section 2(c), the The Committee will certify the performance results, and the resulting number of vested Restricted Stock Units, promptly following the end of the Performance
Period. Period (as set forth on Exhibit A) and Shares will be distributed to the Grantee in respect of vested Restricted Stock Units within 2
1⁄2 1/2 months following the end of the Performance Period (the "Settlement Date").
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Settlement. Each RSU granted hereunder shall represent the right to receive, in the sole discretion of the Company, either (i) one (1) share of Common Stock (a "Share") or (ii) an amount of cash equal to the Fair Market Value of one (1) Share, valued based on the closing price of a Share on the date immediately prior to the date of payment (as applicable, the "Settlement"). The Settlement shall occur as soon as practicable after the applicable Vesting Date, but in no event later than March 15 of the year
... following the year in which such Vesting Date occurs.
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Settlement. Each RSU granted hereunder shall represent the right to receive, in the sole discretion of the Company, either (i) one (1)
share of Common Stock (a "Share") Share or (ii) an amount of cash equal to the Fair Market Value of one (1)
Share, valued based on the closing price of a Share
on the date immediately prior to the date of payment (as applicable, the "Settlement"). The Settlement shall occur as soon as practicable after the applicable Vesting Date, but in no event later than March 15 of the
... year following the year in which such Vesting Date occurs.
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Settlement. Your Performance Shares Award shall be settled in Shares and the Company's transfer agent shall record ownership of such Shares in your name as soon as reasonably practicable after achievement of the Performance Factors enumerated in the Notice.
Settlement.
Your Performance Shares
Award shall be settled in Shares and the Company's transfer agent shall record ownership of such Shares in
your Participant's name as soon as reasonably practicable after achievement of the Performance Factors enumerated in the Notice.
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Settlement. Within sixty (60) days following the Vesting Date or the day any RSUs are automatically vested in accordance with the terms and conditions of this Agreement (the "Settlement Date"), (a) the Company shall, in its discretion, either (i) issue and deliver to the Participant one share of Common Stock for each vested RSU (the "Shares") and enter the Participant's name as a shareholder of record or beneficial owner with respect to the Shares on the books of the Company, or (ii) settle the Award on a
... cash basis; and (b) the Company shall calculate the Dividend Payment (as defined in Section 5 below).
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Settlement. Within sixty (60) days following the Vesting Date or the day any RSUs are automatically vested in accordance with the terms and conditions of this Agreement (the "Settlement
Date"), Date"): (a)
The RSUs shall cease to be credited to the
Account; (b) The Company shall, in its discretion, either (i) issue and deliver to the Participant one share of Common Stock for each vested RSU (the
"Shares") "RSU Shares") and enter the Participant's name as a shareholder of record or beneficial owner with
... respect to the RSU Shares on the books of the Company, or (ii) settle the Award on a cash basis; and (b) the (c) The Company shall calculate the Dividend Payment (as defined in Section 5 below). Payment.
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Settlement. Notwithstanding anything to the contrary in the Warrants Confirmations, Company and Dealer agree that the Warrants Transactions shall be settled in accordance with this Agreement in lieu of the settlement provisions set forth in the Warrants Confirmations, and that following such settlement, all of the respective rights and obligations of the parties under the Warrants Confirmations shall be settled in full. For the avoidance of doubt, Sections 8(b) through 8(f) of each Warrants Confirmation
... shall apply as if the delivery of Shares pursuant to this Agreement were a delivery of Shares pursuant to the applicable Warrants Confirmation.
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Settlement. Notwithstanding anything to the contrary in the Warrants Confirmations, Company and Dealer agree that the Warrants Transactions shall be settled in accordance with this Agreement in lieu of the settlement provisions set forth in the Warrants Confirmations, and that following such settlement, all of the respective rights and obligations of the parties under the Warrants Confirmations shall be settled in
full. For the avoidance of doubt, Sections 8(b) through 8(f) of each Warrants Confirmation... shall apply as if the delivery of Shares pursuant full, subject to this Agreement were a delivery of Shares pursuant to the applicable Warrants Confirmation. paragraph 4 below.
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Settlement. Subject to the terms and conditions of this Agreement, Restricted Stock Units and associated Dividend Equivalent Units that have become vested in accordance with Section 5 shall be settled on the earlier of (i) Participant's Termination Date or (ii) a Change in Control. Settlement of the vested Restricted Stock Units and associated Dividend Equivalent Units shall be made in the form of shares of Common Stock with one share of Common Stock being issued in settlement of each Restricted Stock Unit
... and associated Dividend Equivalent Unit (any fractional share being rounded up to the next whole unit). Upon the settlement of any vested Restricted Stock Units and Dividend Equivalent Units, such Restricted Stock Units and Dividend Equivalent Units shall be cancelled.
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Settlement. Subject to the terms and conditions of this Agreement, Restricted Stock Units and associated Dividend Equivalent Units that have become vested in accordance with
Section paragraphs 4 and 5 shall be settled
on as of the earlier of
(i) (a) the Participant's Termination Date or
(ii) a Change in Control. (b) the second anniversary of the applicable Vesting Date. The date on which settlement occurs is referred to as the "Settlement Date". Settlement of the vested Restricted Stock Units and
... associated Dividend Equivalent Units on a Settlement Date shall be made in the form of shares of Common Stock with one share of Common Stock being issued in settlement of each Restricted Stock Unit and associated Dividend Equivalent Unit (any fractional share being rounded up to the next whole unit). Upon the settlement of any vested Restricted Stock Units and Dividend Equivalent Units, such Restricted Stock Units and Dividend Equivalent Units shall be cancelled.
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Settlement. Settlement of any RSUs granted hereunder will be made in the form of shares of Common Stock no later than the fifteenth day of the third month following the last day of the year in which the applicable Vesting Date occurs (each such date, a "Settlement Date"). For purposes of clarification, if a Participant's employment terminates after the applicable Vesting Date of any RSUs but prior to the Settlement Date of such RSUs (including as a result of a Qualifying Termination following a Change in
... Control), such RSUs will remain vested and be subject to settlement by the Company.
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Settlement. Settlement of any RSUs granted hereunder will be made in the form of shares of Common Stock no later than the fifteenth day of the third month following the last day of the year in which the applicable Vesting Date
or, in the event of a Qualifying Termination, the Qualifying Termination, occurs (each such date, a "Settlement Date"). For purposes of clarification, if
a the Participant's employment terminates after the applicable Vesting Date of any RSUs but prior to the Settlement Date of such
... RSUs (including as a result of a Qualifying Termination following a Change in Control), such RSUs will remain vested and be subject to settlement by the Company.
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Settlement. Settlement of any RSUs granted hereunder will be made in the form of shares of Common Stock no later than the fifteenth day of the third month following the last day of the year in which the applicable Vesting Date occurs (each such date, a "Settlement Date"). 1 May be included in individual grant agreements.
Settlement. Settlement of any RSUs granted hereunder will be made in the form of shares of Common Stock no later than the fifteenth day of the third month following the last day of the year in which the applicable Vesting Date occurs (each such date, a "Settlement Date").
1 May be included in individual grant agreements.
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Settlement. Vested RSUs shall be settled no later than 60 days after such RSUs become vested in accordance with Sections 1, 2, 3, 4 or 5 above by delivering to you a number of shares of CyrusOne Inc. common stock ("Shares") equal to the number of 2vested RSUs. The Company may deliver the Shares by delivery of physical certificates or by certificate-less book-entry issuance.8.Voting. You shall not have any voting rights with respect to the RSUs prior to the issuance of Shares in settlement of vested Earned
... RSUs. Upon settlement of the Earned RSUs and issuance of Shares, you will be entitled to all rights of a shareholder.9.Dividend Equivalents. Each RSU granted hereunder is hereby granted in tandem with a corresponding right to receive an amount equal to each dividend that is made by the Company in respect of a Share underlying the RSU to which such dividend relates (a "Dividend Equivalent"). Any such amounts shall be paid within ten (10) days following the date such dividend is payable to shareholders, provided that you are employed with the Company on the date of payment. Any Dividend Equivalent granted in tandem with an RSU shall terminate upon the forfeiture of such RSU or the payment of an Earned RSU, as applicable. Any Dividend Equivalents payable under the Plan will be treated as separate payments from the underlying RSUs for purposes of Section 409A. There will be no reinvestment option or earned interest credits on any Dividend Equivalent.10.Employment. For purposes of this Agreement, you shall be deemed to be an "Employee" while, and only while, you are in the employ of the Company and considered to be employed under the policies and procedures (including the payroll and withholding procedures) of the Company. In this regard, the granting of this Agreement does not constitute a contract of employment and does not give you the legal right to be continued as an Employee.11.Interpretation. You acknowledge that the Committee has the authority to construe and interpret the terms of the Plan and this Agreement if and when any questions of meaning arises under the Plan or this Agreement, and any such construction or interpretation shall be binding on you, your heirs, executors, administrators, personal representatives and any other persons having or claiming to have an interest in the Shares.12.Withholding. You are responsible for all federal, state and local income and employment taxes payable with respect to the RSUs and the delivery of Shares upon settlement of the RSUs. Unless you otherwise make arrangements satisfactory to the Company regarding the payment of any such tax, upon vesting of the RSUs, the Company shall withhold a number of Shares having a market value equal to the amount of taxes required to be withheld. Otherwise, the Company may, at its discretion and to the extent it determines is necessary to pay such withholding tax amount, withhold any such withholding tax amount from your salary or any other compensation payable to you.13.Notices. All notices and other communications to be given hereunder shall be in writing and shall be deemed to have been duly given when delivered personally or when deposited in the United States mail, first class postage prepaid, and addressed to the General Counsel of the Company at the Company's principal corporate office, or to the 3employee at the address on file with the Company, or to any other address as to which notice has been given in the manner herein provided.
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Settlement.
Vested RSUs Earned PSUs shall be settled no later than 60 days after such
RSUs Earned PSUs become vested in accordance with Sections 1, 2,
3, 3 or 4
or 5 above by delivering to you a number of shares of CyrusOne Inc. common stock ("Shares") equal to the number of
2vested RSUs. such vested Earned PSUs. The Company may deliver the Shares by delivery of physical certificates or by certificate-less book-entry
issuance.8.Voting. issuance.7.Voting. You shall not have any voting rights with respect to
... the RSUs PSUs prior to the issuance of Shares in settlement of vested Earned RSUs. PSUs. Upon settlement of the Earned RSUs PSUs and issuance of Shares, you will be entitled to all rights of a shareholder.9.Dividend shareholder.8.Dividend Equivalents. Each RSU PSU granted hereunder is hereby granted in tandem with a corresponding right to receive an amount equal to each dividend that is made by the Company in respect of a Share underlying the RSU PSU to which such dividend relates (a "Dividend Equivalent"). Any such amounts shall be accrued, and to the extent an PSU to which such Dividend Equivalent relates becomes a vested Earned PSU, shall be paid within ten (10) days following the date such dividend is payable to shareholders, provided that you are employed with the Company in a single lump sum on the same date of payment. that such vested Earned PSU is paid in accordance with Section 6. Any Dividend Equivalent granted in tandem with an RSU PSU shall terminate upon the forfeiture of such RSU PSU or the payment of an Earned RSU, PSU, as applicable. Any Dividend Equivalents payable under the Plan will be treated as separate payments from the underlying RSUs PSUs for purposes of Section 409A. There will be no reinvestment option or earned interest credits on any Dividend Equivalent.10.Employment. Equivalent.9.Employment. For purposes of this Agreement, you shall be deemed to be an "Employee" while, and only while, you are in the employ of the Company and considered to be employed under the policies and procedures (including the payroll and withholding procedures) of the Company. In this regard, the granting of this Agreement does not constitute a contract of employment and does not give you the legal right to be continued as an Employee.11.Interpretation. Employee.10.Interpretation. You acknowledge that the Committee has the authority to construe and interpret the terms of the Plan and this Agreement if and when any questions of meaning arises under the Plan or this Agreement, and any such construction or interpretation shall be binding on you, your heirs, executors, administrators, personal representatives and any other persons having or claiming to have an interest in the Shares.12.Withholding. Shares.311.Withholding. You are responsible for all federal, state and local income and employment taxes payable with respect to the RSUs PSUs and the delivery of Shares upon settlement of the RSUs. Earned PSUs. Unless you otherwise make arrangements satisfactory to the Company regarding the payment of any such tax, upon vesting of the RSUs, Earned PSUs, the Company shall withhold a number of Shares having a market value equal to the amount of taxes required to be withheld. Otherwise, the Company may, at its discretion and to the extent it determines is necessary to pay such withholding tax amount, withhold any such withholding tax amount from your salary or any other compensation payable to you.13.Notices. you.12.Notices. All notices and other communications to be given hereunder shall be in writing and shall be deemed to have been duly given when delivered personally or when deposited in the United States mail, first class postage prepaid, and addressed to the General Counsel of the Company at the Company's principal corporate office, or to the 3employee employee at the address on file with the Company, or to any other address as to which notice has been given in the manner herein provided.
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Settlement. (a) General. Except as otherwise provided in Section 4(b), as soon as practicable after the Restricted Stock Units vest (but no later than the end of the calendar year or within two-and-one-half months, whichever is later, from the date on which vesting occurs), the Company will settle such vested Restricted Stock Units by electing either to (a) issue in the Participant's name a stock certificate or certificates or make an appropriate book entry for a number of Shares equal to the number of
... Restricted Stock Units that have vested or (b) deliver an amount of cash equal to the Fair Market Value, determined as of the vesting date, of a number of Shares equal to the number of Restricted Stock Units that have vested. The Transfer Restrictions applicable to the Shares issued in respect of the Restricted Stock Units shall lapse upon such issuance. (b) Six-Month Delay for Specified Employees. Notwithstanding any other provision in the Plan or this Agreement to the contrary, if (i) the Restricted Stock Units become vested as a result of a termination of the Participant's Employment by the Company and its Affiliates for other than death, and (ii) the Participant is a "specified employee" within the meaning of Code Section 409A as of the date of such separation from service, then settlement of such vested Restricted Stock Units shall occur on the date that is six months after the date of the Participant's separation from service. (c) Stock Certificate Restrictions. The Company shall not be liable to the Participant for damages relating to any delays in issuing any stock certificates hereunder to the Participant or in making an appropriate book entry, any loss of any such certificates, or any mistakes or errors in the issuance of such certificates, in such certificates themselves or in the making of the book entry; provided that the Company shall correct any such errors caused by it. Any such certificate or certificates or book entry shall be subject to such stop transfer orders and other restrictions as the Committee may deem advisable under the Plan or the rules, regulations, and other requirements of the Securities and Exchange Commission, any stock exchange upon which such Shares are listed, and any applicable Federal or state laws, and the Committee may cause a legend or legends to be put on any such certificates or an appropriate book entry notation to make appropriate reference to such restrictions. 2 5. Dividends and Voting Rights. Subject to Section 11, the Participant shall not have voting rights with respect to the Shares underlying the Restricted Stock Units unless and until such Shares are reflected as issued and outstanding shares on the Company's stock ledger. The Participant shall receive a cash payment equivalent to any dividends or other distributions paid with respect to the shares of Common Stock underlying the Restricted Stock Units, so long as the applicable record date occurs on or after March 9, 2012 and before such Restricted Stock Units are forfeited; provided that such cash payments shall be subject to the same risk of forfeiture as the Restricted Stock Units to which such payments relate. If, however, any dividends or distributions with respect to the Shares underlying the Restricted Stock Units are paid in Shares rather than cash, then the Participant shall be credited with additional restricted stock units equal to the number of Shares that the Participant would have received had the Restricted Stock Units been actual Shares, and such restricted stock units shall be deemed Restricted Stock Units subject to the same risk of forfeiture and other terms of this Agreement and the Plan as apply to the other Restricted Stock Units granted under this Award. Any amounts due to the Participant under this provision shall be paid to the Participant or distributed, as applicable, at the same time as payment is made in respect of the Restricted Stock Units granted under this Agreement.
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Settlement. (a) General. Except as otherwise provided in Section 4(b), as soon as practicable after the Restricted Stock Units vest (but no later than
two-and-one-half months from the end of the
calendar fiscal year
or within two-and-one-half months, whichever is later, from the date on in which vesting occurs), the Company will settle such vested Restricted Stock Units by electing either to (a) issue in the Participant's name
(or the name of an assignee designated by the Participant after the vesting... date) a stock certificate or certificates or make an appropriate book entry for a number of Shares equal to the number of Restricted Stock Units that have vested or (b) deliver an amount of cash equal to the Fair Market Value, determined as of the vesting date, of a number of Shares equal to the number of Restricted Stock Units that have vested. The Transfer Restrictions applicable to the Shares issued in respect of the Restricted Stock Units shall lapse upon such issuance. (b) Six-Month Delay for Specified Employees. Notwithstanding any other provision in the Plan or this Agreement to the contrary, if (i) the Restricted Stock Units become vested as a result of a termination of the Participant's Employment by the Company and its Affiliates for other than death, and (ii) the Participant is a "specified employee" within the meaning of Code Section 409A as of the date of such separation from service, then settlement of such vested Restricted Stock Units shall occur on the date that is six months after the date of the Participant's separation from service. (c) Stock Certificate Restrictions. The Company shall not be liable to the Participant for damages relating to any delays in issuing any stock certificates hereunder to the Participant or in making an appropriate book entry, Participant, any loss of any such certificates, or any mistakes or errors in the issuance of such certificates, certificates or in such certificates themselves or in the making of the book entry; themselves; provided that the Company shall correct any such errors caused by it. Any such certificate or certificates or book entry shall be subject to such stop transfer orders and other restrictions as the Committee may deem advisable under the Plan or the rules, regulations, and other requirements of the Securities and Exchange Commission, any stock exchange upon which such Shares are listed, and any applicable Federal or state laws, and the Committee may cause a legend or legends to be put on any such certificates or an appropriate book entry notation to make appropriate reference to such restrictions. 2 5. Dividends and Voting Rights. Subject to Section 11, the Participant shall not have voting rights with respect to the Shares underlying the Restricted Stock Units unless and until such Shares are reflected as issued and outstanding shares on the Company's stock ledger. The Participant shall receive a cash payment equivalent to any dividends or other distributions paid with respect to the shares of Common Stock underlying the Restricted Stock Units, so long as the applicable record date occurs on or after March 9, 2012 and before such Restricted Stock Units are forfeited; provided that such cash payments shall be subject to the same risk of forfeiture as the Restricted Stock Units to which such payments relate. If, however, any dividends or distributions with respect to the Shares underlying the Restricted Stock Units are paid in Shares rather than cash, then the Participant shall be credited with additional restricted stock units equal to the number of Shares that the Participant would have received had the Restricted Stock Units been actual Shares, and such restricted stock units shall be deemed Restricted Stock Units subject to the same risk of forfeiture and other terms of this Agreement and the Plan as apply to the other Restricted Stock Units granted under this Award. Any amounts due to the Participant under this provision shall be paid to the Participant or distributed, as applicable, at the same time as payment is made in respect of the Restricted Stock Units granted under this Agreement.
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