Separate Payments. Each payment payable under this Plan is intended to constitute a separate payment for purposes of Section 409A of the Code.

Separate Payments. For purposes of Code [Section 409A] (including, without limitation, for purposes of Treasury Regulation Section 1.409A-2(b)(2)(iii)), the right to receive payments in the form of installment payments shall be treated as a right to receive a series of separate payments and, accordingly, each installment payment shall at all times be considered a separate and distinct payment. Whenever a payment under this Plan may be paid within a specified period, the actual date of payment within the specified period shall be

Separate Payments. Each installment payment required under this Agreement shall be considered a separate payment for purposes of [Section 409A].

Separate Payments. For purposes of Section 409A of the Code, the Employee’s right to receive any payment, benefit or amounts that might otherwise constitute installment payments shall be treated for purposes of Section 409A of the Code as a right to receive a series of separate and distinct payments. Whenever a payment under this Agreement specifies a payment period with reference to a number of days (for example, “payment shall be made within thirty (30) days following the Effective Termination Date”), the actual date of payment within the specified period shall be within the sole discretion of the Company. In no event may the Employee, directly or indirectly, designate the calendar year of any payment to be made under this Agreement, to the extent such payment is subject to Section 409A of the Code.

Separate Payments. For purposes of Section 409A of the Code, each payment made under this Policy shall be designated as a “separate payment” within the meaning of Section 409A of the Code.

Separate Payments. For purposes of this Agreement, all rights to payments and benefits hereunder shall be treated as rights to receive a series of separate payments and benefits to the fullest extent allowed by Section 409A of the Code. If under this Agreement, an amount is to be paid in two or more installments, for purposes of Section 409A of the Code, each installment shall be treated as a separate payment. In the event any payment payable upon termination of employment would be exempt from Section 409A of the Code under Treasury Regulation § 1.409A-1(b)(9)(iii) but for the amount of such payment, the determination of the payments to the Executive that are exempt under such provision shall be made by applying the exemption to payments based on chronological order beginning with the payments paid closest in time on or after such termination of employment.

Separate Payments. Each payment made under the Agreement shall be treated as a separate payment and the right to a series of installment payments under the Agreement is to be treated as a right to a series of separate payments.

Separate Payments. Each installment payment required under this Agreement shall be considered a separate payment for purposes of [Section 409A].

Separate Payments. Each installment payment required under this Agreement shall be considered a separate payment for purposes of [Section 409A].

Separate Payments. Each installment payment required under this Agreement shall be considered a separate payment for purposes of [Section 409A].