For purposes of [Section 409A], the right to a series of installment payments under this Agreement shall be treated as a right to a series of separate payments.

the election is made at least twelve (12) months before the date that payment would otherwise have occurred (or in the case of installment payments, at least twelve months before the date the first installment would otherwise have been paid); and

Any prepayment (other than prepayments pursuant to [Subsection 8(e)] above) shall be only upon thirty (30) days’ advance written notice to the Lender and any such prepayments shall not suspend required monthly installment payments of principal and interest, and such prepayment shall be applied to required monthly installment payments of principal in the inverse order of their scheduled due dates.

For purposes of this [Section 5.2(c)], a series of installment payments shall be treated as a single payment.

“Installment Method” means monthly installment payments over a number of years selected by the Participant in accordance with this Plan. Each installment payment shall be calculated by multiplying the Account Balance of the Participant by a fraction, the numerator of which is one and the denominator of which is the remaining number of payments due the Participant. For purposes of this calculation, the Account Balance of the Participant (or the appropriate portion thereof) shall be calculated as of the close of business on or around the date of the Participant’s payment.

Spinoff Payments. Subject to the occurrence of and Employee’s continued employment with the Company through the Effective Time, Employee will be entitled to receive additional payments totaling $3,600,000 (the “Spinoff Payments”), paid in two equal installments (in each case, less applicable withholdings) as soon as administratively feasible (but no later than seventy (70) days) following the occurrence of # for the first installment of $1,800,000, the Effective Time, and # for the second installment of $1,800,000, the first business day in calendar 2018. For the avoidance of doubt, these Spinoff Payments will be

“If the Director elected to receive annual installments with respect to any portion of the Director’s Deferred Compensation Accounts, the first such installment shall be equal to the portion of the balance in the Director’s Deferred Compensation Account to which such installment election applies on the date of payment divided by the number of annual installment payments. Each subsequent annual payment shall be an amount equal to the portion of the balance in the Director’s Deferred Compensation Account to which such installment election applies on the date of payment divided by the number of the then-remaining annual payments and shall be paid on the respective anniversary of the preceding date of payment.” 4.

Installment payments shall be paid in three (3) annual installments, in five (5) annual installments or in ten (10) annual installments, as specified in the applicable Deferral Agreement.

each payment made under this Agreement shall be treated as a separate and distinct payment and the right to a series of installment payments under this Agreement shall be treated as a right to a series of separate and distinct payments; and

payment of the amounts deferred on the Participant’s behalf shall be made in a lump sum on the date that is five (5) years from the date such payment would otherwise have occurred (or in the case of a participant who had previously elected installment payments, five years from the date the first installment would otherwise have been paid).