Separation from Service. The phrases “termination of employment,” “separation from service,” and similar phrases as used in this Plan shall refer to separation from service within the meaning of the Regulations, determined by reference to the presumptive rule of Treasury Reg. § 1.409A-1(h)(l)(ii) (under which a reasonable expectation of a permanent reduction in the level of service to no more than 20% of the average level during the prior 36-month or other applicable period is presumed to result in a separation from service), and determined by treating the Company and all Subsidiaries as single Employer.
Separation fromFrom Service. The phrases “terminationFor purposes of employment,”this Agreement, termination of employment means a “separation from service,”service” under Code Section 409A and similar phrases as used in this Plan shall refer to separation from service within the meaning of the Regulations, determined by reference to the presumptive rule of Treasury Reg. §Regulation Section 1.409A-1(h)(l)(ii) (under which. For this purpose, whether a reasonable expectationtermination of employment has occurred is determined based on whether the Company and Executive reasonably anticipated that no further services would be performed after a permanent reduction incertain date or that the level of servicebona fide services Executive would perform after such date (whether as an employee or as an independent contractor) would permanently decrease to no moreless than 20%twenty percent (20%) of the average level duringof bona fide services performed (whether as an employee or an independent contractor) over the priorimmediately preceding 36-month or other applicable period is presumed to result in a separation from service), and determined by treating the Company and all Subsidiaries as single Employer.period.
Separation from Service. The phrases “terminationUsage of Certain Terms. For purposes of this Agreement, all references to termination of employment,” termination of service and similar or correlative terms shall mean a “separation from service,” and similar phrases as used in this Plan shall refer to separation from service within the meaningservice” (as defined at [Section 1.409A-1(h)])] of the Regulations, determined by reference to the presumptive rule of Treasury Reg. § 1.409A-1(h)(l)(ii) (under which a reasonable expectation of a permanent reduction in the level of service to no more than 20% of the average level during the prior 36-month or other applicable period is presumed to result in a separationRegulations) from service), and determined by treating the Company and from all Subsidiariesother corporations and trades or businesses, if any, that would be treated as a single Employer.“service recipient” with the Company under [Section 1.409A-1(h)(3)])] of the Treasury Regulations.
“Separation from Service. The phrases “termination of employment,” “separation from service,” and similar phrases as used in this Plan shall refer to separation from service withinService” has the meaning ascribed to such term in Treasury Regulation [section 1.409A-l(h)])] and generally means termination of the Regulations, determined by reference to the presumptive rule of Treasury Reg. § 1.409A-1(h)(l)(ii) (under which a reasonable expectation of a permanent reduction in the level of service to no more than 20% of the average level during the prior 36-month or other applicable period is presumed to result in a separationemployment from service), and determined by treating the Company and all Subsidiaries as single Employer.its Subsidiaries.
“Separation from Service. The phrases “terminationService” means Executive’s termination of employment,”employment or service where such termination of employment or service constitutes a “separation from service,” and similar phrases as used in this Plan shall refer to separation from serviceservice” within the meaning of the Regulations, determined by reference to the presumptive rule of Treasury Reg. §Regulation Section 1.409A-1(h)(l)(ii) (under which a reasonable expectation of a permanent reduction in the level of service to no more than 20% of the average level during the prior 36-month or other applicable period is presumed to result in a separation from service), and determined by treating the Company and all Subsidiaries as single Employer..
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