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 ​ 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."

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 ​ 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“termination of employment, retirement, separation from serviceemployment” and similar or correlative termsphrases shall meanbe construed to require a "separation“separation from service"service” (as defined atin [[Section 1.409A-1(h)])]])] of the Treasury Regulations) fromRegulations after giving effect to 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;presumptions contained therein), and the term "specified employee" shall mean“specified employee” means an individual who is determined by the Company to be a specified employee as defined in ​ ofunder Treasury regulation [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.".

Usage of Certain Terms. For purposes of this Agreement, all references to termination of employment, retirement, separation fromtermination of service and similar or correlative terms shall mean a "separation“separation from service"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"“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 ​ 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."Regulations.