Compensation Subject to IRC Section 409A. If, and to the extent, any portion of the severance compensation payable hereunder exceeds the amount immediately payable upon separation from service under Internal Revenue Code Section 409A(a)(2) and regulations thereunder (such compensation, “Excess 409A(a)(2) Compensation”), then no portion of the Excess 409A(a)(2) Compensation shall be payable prior to the earlier of (i) the Employee’s date of death, or (ii) the date which is six months after the date of the Employee’s separation from service.
Appears in 11 contracts
Samples: Agreement (Derma Sciences, Inc.), Agreement (Derma Sciences, Inc.), Agreement (Derma Sciences, Inc.)