Example ContractsClausesseparation from service; required delay in payment to specified employeeVariants
Separation From Service; Required Delay in Payment to Specified Employee
Separation From Service; Required Delay in Payment to Specified Employee contract clause examples

Separation from Service; Required Delay in Payment to Specified Employee. Notwithstanding anything set forth herein to the contrary, no amount payable pursuant to this Agreement on account of the Participant’s termination of Service which constitutes a “deferral of compensation” within the meaning of the Treasury Regulations issued pursuant to Section 409A of the Code (the “[Section 409A] Regulations”) shall be paid unless and until the Participant has incurred a “separation from service” within the meaning of the [Section 409A] Regulations. Furthermore, to the extent that the Participant is a “specified employee” within the meaning of the [Section 409A] Regulations as of the date of the Participant’s separation from service, no amount that constitutes a deferral of compensation which is payable on account of the Participant’s separation from service shall be paid to the Participant before the date (the “Delayed Payment Date”) which is first day of the seventh month after the date of the Participant’s separation from service or, if earlier, the date of the Participant’s death following such separation from service. All such amounts that would, but for this Section, become payable prior to the Delayed Payment Date will be accumulated and paid on the Delayed Payment Date.

Separation from Service; Required Delay in Payment to Specified Employee. Notwithstanding anything set forth herein to the contrary, no amount payable pursuant to this Agreement on account of the Participant’s termination of Service which constitutes a “deferral of compensation” within the meaning of the Treasury Regulations issued pursuant to Section 409A of the Code (the “[Section 409A] Regulations”) shall be paid unless and until the Participant has incurred a “separation from service” within the meaning of the [Section 409A] Regulations. Furthermore, to the extent that the Participant is a “specified employee” within the meaning of the [Section 409A] Regulations as of the date of the Participant’s separation from service, no amount that constitutes a deferral of compensation which is payable on account of the Participant’s separation from service shall be paid to the Participant before the date (the “Delayed Payment Date”) which is 1">the first day of the seventh month after the date of the Participant’s separation from service or, if earlier, the date of the Participant’s death following such separation from service. All such amounts that would, but for this Section, become payable prior to the Delayed Payment Date will be accumulated and paid on the Delayed Payment Date.

Separation from Service; Required Delay in Payment to Specified Employee. Notwithstanding anything set forth herein to the contrary, no amount payable pursuant to this Agreement on account of the Participant’s termination of Service which constitutes a “deferral of compensation” within the meaning of the Treasury Regulations issued pursuant to Section 409A of the Code (the “[Section 409A] Regulations”) shall be paid unless and until the Participant has incurred a “separation from service” within the meaning of the [Section 409A] Regulations.1"> Furthermore, to the extent that the Participant is a “specified employee” within the meaning of the [Section 409A] Regulations as of the date of the Participant’s separation from service, no amount that constitutes a deferral of compensation which is payable on account of the Participant’s separation from service shall be paid to the Participant before the date (the “Delayed Payment Date”) which is first day of the seventh month after the date of the Participant’s separation from service or, if earlier, the date of the Participant’s death following such separation from service. All such amounts that would, but for this Section, become payable prior to the Delayed Payment Date will be accumulated and paid on the Delayed Payment Date.

0">Separation from Service; Required Delay in Payment to Specified Employee. Notwithstanding anything set forth 2">herein2">this Plan to the contrary, no amount payable pursuant to this 4">Agreement4">Plan on account of 6">the6">a Participant’s termination of 8">Service8">employment with the Company Group which constitutes a “deferral of compensation” within the meaning of 10">the Treasury Regulations issued pursuant to Section 409A of the Code (the “[Section10">[Section 409A] 12">Regulations”) shall12">will be paid unless and until the Participant has incurred a “separation from service” within the meaning of 14">the [Section 409A]16"> Regulations.16">. Furthermore, 18">to the extent that18">if the Participant is a “specified employee” within the meaning of 20">the [Section 409A]22"> Regulations as of the date of the Participant’s separation from service,24"> to the extent necessary in order to avoid the imposition of taxes under Section 409A, no amount that constitutes a deferral of compensation which is payable on account of the Participant’s separation from service 26">shall26">will be paid to the Participant before the date (the “Delayed Payment Date”) which is 28">the first30"> business day of the seventh month after the date of the Participant’s separation from service or, if earlier, the date of the Participant’s death following such separation from service. All such amounts that would, but for this Section, become payable prior to the Delayed Payment Date will be accumulated and paid on the Delayed Payment Date.

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