WILL BE EFFECTIVE IF IT IS FILED NO LATER THAN 30
DAYS AFTER HE OR SHE BECOMES AN ELIGIBLE EMPLOYEE AND BEFORE THE START OF THE
PLAN YEAR IN WHICH THE INCENTIVE PAY IS OTHERWISE PAYABLE.
(C)
EACH ENROLLMENT FORM SHALL BE EFFECTIVE FOR
ALL COMPENSATION TO BE PAID TO THE PARTICIPANT FILING SUCH ENROLLMENT FORM FROM
AND AFTER THE ENTRY DATE TO WHICH SUCH ENROLLMENT FORM APPLIES. AN ELECTION TO
DEFER SALARY OR COMMISSIONS ALSO SHALL APPLY FROM AND AFTER SUBSEQUENT ENTRY
DATES UNLESS CHANGED AS PROVIDED HEREIN, OR UNTIL SUCH TIME (IF ANY) THAT THE
PARTICIPANT IS SUSPENDED FROM THE PLAN, AS PROVIDED UNDER SECTION 3.4 OR
SECTION 7.6.
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(D)
A PARTICIPANT WHO IS AN ELIGIBLE EMPLOYEE
AND FOR WHOM A DEFERRAL ELECTION IS OR WILL BE EFFECTIVE AS OF A JANUARY 1 ENTRY
DATE WILL BE REQUIRED TO HAVE ELECTIVE DEFERRALS CONTRIBUTED PURSUANT TO THIS
PLAN TRANSFERRED TO THE QUALIFIED PLAN AS SALARY DEFERRALS AS OF THE END OF THE
PLAN YEAR, IF AND TO THE EXTENT ALLOWABLE UNDER THE QUALIFIED PLAN. THE PLAN
ADMINISTRATOR MAY DETERMINE WHICH INVESTMENTS SHALL BE LIQUIDATED FOR THIS
CONTRIBUTION AND SHALL DIRECT THE FUNDING TRUSTEE TO TRANSFER SUCH ELECTIVE
DEFERRALS AS SOON AS POSSIBLE AFTER NON-DISCRIMINATION TESTS AND OTHER
COMPLIANCE MATTERS HAVE BEEN COMPLETED FOR THE QUALIFIED PLAN FOR SUCH PLAN
YEAR.
4.2
Share Deferrals
(A)
AN INDIVIDUAL WHO IS AN ELIGIBLE EMPLOYEE
AND WHO HAS RECEIVED (OR IS TO RECEIVE) A RESTRICTED SHARE, SHARE OPTION OR
SHARE APPRECIATION RIGHT OR IS TO RECEIVE AN UNRESTRICTED SHARE MAY ELECT TO
DEFER (I) WITH RESPECT TO A RESTRICTED SHARE, THE OWNERSHIP OF THE SHARE WHEN IT
IS AN UNRESTRICTED SHARE; OR (II) WITH RESPECT TO THE SHARE OPTION OR SHARE
APPRECIATION RIGHT, THE OWNERSHIP OF THE SHARES OR OTHER PROCEEDS OF AN EXERCISE
THEREOF. AN ELIGIBLE EMPLOYEE WHO DESIRES TO ELECT A SHARE DEFERRAL SHALL
COMPLETE AND FILE AN ENROLLMENT FORM WITH THE PLAN ADMINISTRATOR. THE
PARTICIPANT MAY ALSO MAKE AN ELECTION, APPLICABLE IF THE FUNDING TRUSTEE
RECEIVES AND COMPLIES WITH A PARTICIPANT'S REQUEST TO INVEST THE DEFERRED AMOUNT
IN SHARES, TO EITHER HAVE ANY DIVIDENDS PAID ON SUCH SHARES CREDITED TO HIS OR
HER ACCOUNT OR DISTRIBUTED TO THE PARTICIPANT WHEN RECEIVED BY THE FUNDING
TRUSTEE.
(B)
AN ELECTION PURSUANT TO PARAGRAPH (A) MUST
BE MADE (I) WITH RESPECT TO A RESTRICTED SHARE, AT LEAST TWELVE MONTHS BEFORE
THE DATE IT WOULD BECOME AN UNRESTRICTED SHARE; OR (II) WITH RESPECT TO A SHARE
OPTION OR SHARE APPRECIATION RIGHT, AT LEAST TWELVE MONTHS PRIOR TO THE DATE THE
SHARE OPTION OR SHARE APPRECIATION RIGHT IS EXERCISED, OR AT SUCH OTHER TIME AS
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THE PLAN ADMINISTRATOR MAY SPECIFY. DEFERRALS WILL ONLY BE EFFECTIVE IF THE
INDIVIDUAL MAKING THE ELECTION IS STILL AN ELIGIBLE EMPLOYEE OR ELIGIBLE TRUSTEE
ON (I) IN THE CASE OF A DEFERRAL OF A RESTRICTED SHARE, THE DATE SUCH SHARE
WOULD BECOME AN UNRESTRICTED SHARE; OR (II) IN THE CASE OF A DEFERRAL OF A SHARE