“Separation from Service” means the date that the Participant resigns, retires or otherwise has a voluntary or involuntary termination of employment (for an employee) or of service on the Board (for a Director) with respect to the Company and any entity that is a member of the Company’s controlled group of corporations provided however that such termination of employment (or end of service as a Director) must also constitute a “separation from service” under Code Section 409A and all applicable rules and regulations issued thereunder.
“Separation from Service” means the date that the Participant resigns, retiresof cessation of a Participant’s employment or otherwise has a voluntary or involuntary termination of employment (for an employee) or of service on the Board (for a Director)relationship with respect to the Company and any entity that is a member of the Company’s controlled group of corporations provided however that such termination of employment (or end of service as a Director) must also constitute a “separation from service” underor Affiliate determined in accordance with Code Section 409A409A(a)(2)(A)(i) and all applicable rules and regulations issued thereunder.Treasury Regulation Section 1.409A-1(h).
“Separation from Service” means the date that the Participant resigns, retires or otherwise has a voluntary or involuntary termination of employment (for an employee) or of service on the Board (for a Director) with respect to the Company and any entity that is a member of the Company’Participant’s controlled group of corporations provided however that such termination of employment (or end of service as a Director) must also constitute a “separation from service” under Code(within the meaning of Section 409A and all applicable rules and regulations issued thereunder.of the Code) with the Company.
“Separation from Service” means the date that the Participant resigns, retires or otherwise hasshall mean a voluntary or involuntary termination of employment (for an employee) or ofother separation from service onfrom the Board (for a Director) with respect to the Company and any entity that is a member of the Company’s controlled group of corporations provided however that such termination of employment (or end of serviceCompany, as a Director) must also constitute a “separation from service” underdescribed in Code Section 409A and all applicable rules andthe regulations issued thereunder.thereunder, including, but not limited to a termination by reason of Retirement or involuntary termination without Cause, but excluding any such termination where there is a simultaneous re- employment by the Company.
“Separation from Service” means the date that the Participant resigns, retires or otherwise hasshall mean a voluntary or involuntary termination of employment (for an employee) or ofother separation from service onfrom the Board (for a Director) with respect to the Company and any entity that is a member of the Company’s controlled group of corporations provided however that such termination of employment (or end of serviceCompany, as a Director) must also constitute a “separation from service” underdescribed in Code Section 409A and all applicable rules andthe regulations issued thereunder.thereunder, including, but not limited to a termination by reason of Retirement or involuntary termination without Cause, but excluding any such termination where there is a simultaneous re-employment by the Company.
“Separation from Service” means the date that the Participant resigns, retires or otherwise has a voluntary or involuntary termination of employment (for an employee) or of service on the Board (forservices provided by a Director) with respect to the Company and any entity that isParticipant as a member of the Company’sBoard or of the board of directors of any other member of the controlled group of corporations provided however that(as defined in Section 414(b) of the Code) which includes the Company (for purposes of this [Section 2(x)], the controlled group members other than the Company are referred to collectively as “ERISA Affiliates”), whether such termination of employment (or end of serviceis voluntary or involuntary, as determined by the Administrator in accordance with Treas. Reg. §1.409A-1(h). In determining whether a Participant has experienced a Separation from Service as a Director) must also constitutemember of the Board or of a “separation from service” under Code Section 409A and all applicable rules and regulations issued thereunder.board of directors of an ERISA Affiliate, the following provisions shall apply:
“SeparationSection # "Separation from Service”Service" means the date that the Participant resigns, retiresa Director’s resignation, retirement or otherwise has a voluntary or involuntary terminationcessation of employment (for an employee) or of service on the Board (for a Director)services with respect to the Company andfor any entity that is a member of the Company’s controlled group of corporations provided however that such termination of employment (or end of service as a Director) must also constituteother reason which constitutes a “separation from service” underwithin the meaning of Code Section 409A§409A and all applicable rules andthe regulations issued thereunder.
“"Separation from Service”Service" or "Separates from Service" means the date thatParticipant's separation from service, as defined in Code Section 409A and related guidance with the Company and its affiliates. Generally, a Participant has a Separation from Service if the Participant resigns, retiresdies, retires, or otherwise has a voluntary or involuntary termination of employment (for an employee) or of service on the Board (for a Director) with respect to the Company and any entity that is a member of the Company’s controlled group of corporations provided however that such termination of employment (or end of service as a Director) must also constitute a “separation from service” under Code Section 409A and all applicable rules and regulations issued thereunder.employment.
“"Separation from Service”Service" means the date that the Participant resigns, retires or otherwise has a voluntary or involuntaryparticipant's termination of employment (for an employee) or of service on the Board (for a Director) with respect to the Company and all Affiliates (defined for this purpose as any company or business entity in which the Company has a 50% or more interest whether or not a participating employer in the Plan); provided that is a memberSeparation from Service for purposes of the Company’s controlled groupPlan shall be interpreted consistent with the requirements of corporations provided however that such termination of employment (or end of service as a Director) must also constitute a “separation from service” under Code Section 409A and all applicable rulesregulations and regulationsother guidance issued thereunder.
“Separation from Service” means a termination of the Participant’s employment or service with the Company and all of its controlled group members within the meaning of Code Section 409A. Whether a Separation from Service has occurred is determined based on whether the facts and circumstances indicate that the Company and Participant reasonably anticipated that no further services would be performed after a certain date or that the level of bona fide services the Participant would perform after such date (whether as an employee or as an independent contractor) would permanently decrease to no more than 25% of the average level of bona fide services performed (whether as an employee or an independent contractor) over the immediately preceding thirty-six month period (or the full period of services to the Company if the Participant has been providing services to the Company less than thirty-six months). For periods during which a Participant is on a paid bona fide leave of absence (as defined in Treas. Reg. §1.409A-1(h)(1)(i)) and has not otherwise terminated employment, the Participant is treated as providing bona fide services at a level equal to the level of services that the Participant resigns, retires or otherwise has a voluntary or involuntary termination of employment (for an employee) or of service onwould have been required to perform to receive the Board (for a Director)compensation paid with respect to such leave of absence. Periods during which a Participant is on an unpaid bona fide leave of absence (as defined in Treas. Reg. §1.409A-1(h)(1)(i)) and has not otherwise terminated employment are disregarded for purposes of this definition (including for purposes of determining the applicable thirty-six month period). There is no Separation from Service of a Participant with the Company and(or any entity thatof its controlled group members within the meaning of Code Section 409A) where there is a membersimultaneous reemployment (or commencement of service) or continuing employment (or service) of the Company’sParticipant by the Company or any of controlled group members within the meaning of corporations provided however that such termination of employment (or end of service as a Director) must also constitute a “separation from service” under Code Section 409A and all applicable rules and regulations issued thereunder.409A.
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