Amounts Payable On Account of Termination. For the purposes of determining when amounts otherwise payable on account of the Executive's termination of employment under this Agreement will be paid, which amounts become due because of his termination of employment, “termination of employment” or words of similar import, as used in this Agreement, shall be construed as the date that the Executive first incurs a “separation from service” for purposes of Section 409A. Furthermore, if the Executive is a “specified employee” of a public company as determined pursuant to Section 409A as of his termination of employment, any amounts payable on account of his termination of employment which constitute deferred compensation within the meaning of Section 409A and which are otherwise payable during the first six months following the Executive's termination (or prior to his death after termination) shall be paid to the Executive in a cash lump-sum on the earlier of (1) the date of his death and (2) the first business day of the seventh calendar month immediately following the month in which his termination occurs.
Appears in 1 contract
Amounts Payable On Account of Termination. For the purposes of determining when amounts otherwise payable on account of the Executive's ’s termination of employment under this Agreement will be paid, which amounts become due because of his termination of employment, “termination of employment” or words of similar import, as used in this Agreement, shall be construed as the date that the Executive first incurs a “separation from service” for purposes of Section 409A. Furthermore, if the Executive is a “specified employee” of a public company as determined pursuant to Section 409A as of his termination of employment, any amounts payable on account of his termination of employment which constitute deferred compensation within the meaning of Section 409A and which are otherwise payable during the first six months following the Executive's ’s termination (or prior to his death after termination) shall be paid to the Executive in a cash lump-sum on the earlier of (1) the date of his death and (2) the first business day of the seventh calendar month immediately following the month in which his termination occurs.
Appears in 1 contract
Amounts Payable On Account of Termination. For the purposes of determining when amounts otherwise payable on account of the Executive's termination of employment under this Agreement will be paid, which amounts become due because of his termination of employment, “"termination of employment” " or words of similar import, as used in this Agreement, shall be construed as the date that the Executive first incurs a “"separation from service” " for purposes of Section 409A. 409A on or following termination of employment. Furthermore, if the Executive is a “"specified employee” " of a public company as determined pursuant to Section 409A as of his termination of employment, any amounts payable on account of his termination of employment which constitute deferred compensation within the meaning of Section 409A and which are otherwise payable during the first six months following the Executive's termination (or prior to his death after termination) shall be paid to the Executive in a cash lump-sum on the earlier of (1) the date of his death and (2) the first business day of the seventh calendar month immediately following the month in which his termination occurs.
Appears in 1 contract
Samples: Separation Agreement (Uluru Inc.)
Amounts Payable On Account of Termination. For the purposes of determining when amounts otherwise payable on account of the Executive's Gxxx'x termination of employment under this Agreement will be paid, which amounts become due because of his termination of employment, “termination of employment” or words of similar import, as used in this Agreement, shall be construed as the date that the Executive Gxxx first incurs a “separation from service” for purposes of Section 409A. 409A on or following termination of employment. Furthermore, if the Executive Gxxx is a “specified employee” of a public company as determined pursuant to Section 409A as of his termination of employment, any amounts payable on account of his termination of employment which constitute deferred compensation within the meaning of Section 409A and which are otherwise payable during the first six months following the Executive's Gxxx'x termination (or prior to his death after termination) shall be paid to the Executive Gxxx in a cash lump-sum on the earlier of (1) the date of his death and (2) the first business day of the seventh calendar month immediately following the month in which his termination occurs.
Appears in 1 contract
Samples: Separation Agreement (Uluru Inc.)