No Acceleration of Payments. Neither the Company nor the Executive, individually or in combination, may accelerate any payment or benefit that is subject to Section 409A, except in compliance with Section 409A and the provisions of this Agreement, and no amount that is subject to Section 409A shall be paid prior to the earliest date on which it may be paid without violating [Section 409A].
No Acceleration of Payments. Neither the Company nor the Executive, individually or in combination, may accelerate any payment or benefit that is subject to Section 409A, except in compliance with Section 409A and the provisions of this Agreement, and no amount that is subject to Section 409A shall be paid prior to the earliest date on which it may be paid without violating [Section 409A].
No Acceleration of Payments. Neither the Company nor Executive shall have the Executive, individuallyright to accelerate or in combination, may accelerate any payment or benefit that is subject to Section 409A,defer the delivery of payments except in complianceaccordance with Section 409A and the provisions of this Agreement, and no amount that is subject to Section 409A shall be paid prior to the earliest date on which it may be paid without violating [Section 409A].409A.
No AccelerationIt is intended that each installment of Payments.the payments under the Agreement provided under shall be treated as a separate "payment" for purposes of [Section 409A]. Neither the Company nor the Executive, individuallyExecutive shall have the right to accelerate or in combination, may acceleratedefer the delivery of any payment or benefit that is subject to Section 409A,such payments except in compliance with Section 409A and the provisions of this Agreement, and no amount that is subject to Section 409A shall be paid prior to the earliest date on which it may be paid without violatingextent specifically permitted or required by [Section 409A].
No AccelerationIt is intended that each installment of Payments.the payments and benefits provided under Section 4 of this Agreement shall be treated as a separate “payment” for purposes of [Section 409A]. Neither the Company nor Executive shall have the Executive, individuallyright to accelerate or in combination, may acceleratedefer the delivery of any paymentsuch payments or benefit that is subject to Section 409A,benefits except in compliance with Section 409A and the provisions of this Agreement, and no amount that is subject to Section 409A shall be paid prior to the earliest date on which it may be paid without violatingextent specifically permitted or required by [Section 409A].
No AccelerationThis Agreement is intended to comply with the requirements of Payments. Neither the Company nor the Executive, individually or in combination, may accelerate any payment or benefit that is subject to Section 409A, except in compliance with Section 409A and theor an applicable exemption. Accordingly, all provisions of this Agreement,Agreement will be construed and no amountinterpreted to comply with Section 409A. No payments provided for under this Agreement that isare subject to Section 409A shallmay not be paid prior to the earliest date on which it may be paid without violatingaccelerated unless such acceleration is permitted by [Section 409A]. In no event will the Executive, directly or indirectly, designate the calendar year of payment.
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