Tax Consequences to Grantee. It is intended that: (i) until the applicable Vesting Date occurs, Grantee's right to payment for an award under this Agreement shall be considered to be subject to a substantial risk of forfeiture in accordance with those terms as defined or referenced in Sections 83(a), 409A and 3121(v)(2) of the Code; and (ii) until the award
is paid vests on the applicable
Payment Vesting Date, Grantee shall have merely an unfunded, unsecured promise to receive such
award, and such unfunded promise shall not... consist of a transfer of "property" within the meaning of Section 83 of the Code. award.
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Tax Consequences to Grantee. It is intended that: (i) until the applicable Vesting Date occurs, Grantee's right to payment for an award under this Agreement shall be considered to be subject to a substantial risk of forfeiture in accordance with those terms as defined or referenced in Sections 83(a), 409A and 3121(v)(2) of the Code; and (ii) until the award
is paid vests on the applicable
Payment Vesting Date, Grantee shall have merely an unfunded, unsecured promise to receive such
award, and such unfunded promise shall not... consist of a transfer of "property" within the meaning of Section 83 of the Code. award.
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Tax Consequences to Grantee. It is intended that: (i) until the applicable Vesting Date occurs, Grantee's right to payment for an award under this Agreement shall be considered to be subject to a substantial risk of forfeiture in accordance with those terms as defined or referenced in Sections 83(a), 409A and 3121(v)(2) of the Code; and (ii) until the award is paid on the applicable Payment Date, Grantee shall have merely an unfunded, unsecured promise to receive such award, and such unfunded promise shall not consist of a
...transfer of "property" within the meaning of Section 83 of the Code. The Performance Awards under this Agreement are intended to meet the performance-based compensation exemption from Section 162(m) of the Code.
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