Usage of Certain Terms. For purposes of this Agreement, all references to termination of employment, termination of service and similar or correlative terms shall mean a “separation from service” (as defined at [Section 1.409A-1(h)])] of the Treasury Regulations) from the Company and from all other corporations and trades or businesses, if any, that would be treated as a single “service recipient” with the Company under [Section 1.409A-1(h)(3)])] of the Treasury Regulations.

For purposes of this Agreement, a termination of employment will mean a separation from service as defined in Treasury Regulations Section 1.409A-1(h) without regard to any optional alternative definitions available under that section.

Definitions. For purposes of this Agreement, all references to termination of employment, retirement, separation from service and similar or correlative terms shall mean a "separation from service" (as defined at [Section 1.409A-1(h)])] of the Treasury Regulations) from the Company and from all other corporations and trades or businesses, if any, that would be treated as a single "service recipient" with the Company under [Section 1.409A-1(h)(3)])] of the Treasury Regulations; and the term "specified employee" shall mean an individual who is determined by the Company to be a specified employee as defined in [subsection (a)(2)(B)(i)] of [Section 409A]. The Company may, but need not, elect in writing, subject to the applicable limitations under Section 409A of the Code, any of the special elective rules prescribed in [Section 1.409A-1(i)])] of the Treasury Regulations for purposes of determining "specified employee" status. Any such written election shall be deemed part of this Agreement."

For purposes of this Agreement, to the extent required to comply with Section 409A, all references to “termination of employment” and similar or correlative phrases shall be construed to require a “separation from service” (as defined in [Section 1.409A-1(h)])] of the Treasury Regulations after giving effect to the presumptions contained therein), and the term “specified employee” means an individual determined by the Company to be a specified employee under Treasury regulation Section 1.409A-1(i))].

Definitions. For purposes of this Agreement, all references [[Organization A:Organization]] termination of employment, retirement, separation from service and similar or correlative terms shall mean a "separation from service" (as defined at [Section 1.409A-1(h)])] of the Treasury Regulations) from the Company and from all other corporations and trades or businesses, if any, that would be treated as a single "service recipient" with the Company under [Section 1.409A-1(h)(3)])] of the Treasury Regulations; and the term "specified employee" shall mean an individual who is determined by the Company [[Organization A:Organization]] be a specified employee as defined in [subsection (a)(2)(B)(i)] of [Section 409A]. The Company may, but need not, elect in writing, subject [[Organization A:Organization]] the applicable limitations under Section 409A of the Code, any of the special elective rules prescribed in [Section 1.409A-1(i)])] of the Treasury Regulations for purposes of determining "specified employee" status. Any such written election shall be deemed part of this Agreement."

Separation from Service. The phrases “termination of employment,” “separation from service,” and similar phrases as used in this Plan shall refer to separation from service within the meaning of the Regulations, determined by reference to the presumptive rule of Treasury Reg. § 1.409A-1(h)(l)(ii) (under which a reasonable expectation of a permanent reduction in the level of service to no more than 20% of the average level during the prior 36-month or other applicable period is presumed to result in a separation from service), and determined by treating the Company and all Subsidiaries as single Employer.

Separation from Service. All references to “termination of employment” or forms and derivations thereof in connection with the Employee’s right to receive any payment which is subject to Section 409A of the Code shall refer solely to events which constitute a “separation from service” as defined in Treasury Regulation §1.409A-1(h).

“Separation from Service” has the meaning ascribed to such term in Treasury Regulation [section 1.409A-l(h)])] and generally means termination of employment from the Company and its Subsidiaries.

Separation From Service. For purposes of this Agreement, termination of employment means a “separation from service” under Code Section 409A and Treasury Regulation Section 1.409A-1(h). For this purpose, whether a termination of employment has occurred is determined based on whether the Company and Executive reasonably anticipated that no further services would be performed after a certain date or that the level of bona fide services Executive would perform after such date (whether as an employee or as an independent contractor) would permanently decrease to less than twenty percent (20%) of the average level of bona fide services performed (whether as an employee or an independent contractor) over the immediately preceding 36-month period.

A termination of employment shall not be deemed to have occurred for purposes of any provision of the Plan upon or following a termination of employment unless such termination is also a “separation from service” within the meaning of Code Section 409A, and, for purposes of any such provision of the Plan, references to a “termination,” “termination of employment” or like terms shall mean “such a separation from service.” The determination of whether and when a separation from service has occurred for purposes of the Plan shall be made in accordance with the presumptions set forth in [Section 1.409A-1(h)])] of the Treasury Regulations.