Common use of Deemed Change of Control Clause in Contracts

Deemed Change of Control. If Executive’s Termination of Employment occurs within six (6) months prior to the date on which a Section 409A Change of Control occurs, and such Termination of Employment was at the request of a third party who has taken steps to affect a Section 409A Change of Control, or otherwise was in connection with the Section 409A Change of Control, then for all purposes of this Agreement, a Section 409A Change of Control shall be deemed to have occurred prior to such Termination of Employment. Any payment that becomes due under the terms of this Agreement with respect to a Termination of Employment, including any such Termination of Employment within six (6) months prior to a Section 409A Change of Control under this subsection (c), shall be due at the time otherwise provided herein, such that, for example, any payment that may become due under Section IV(c) on the six (6) month anniversary of a Termination of Employment shall be due on such six (6) month anniversary if any such amount becomes payable in connection with a Termination of Employment within six (6) months prior to a Section 409A Change of Control under this subsection (c).

Deemed Change of Control. If Executive’s Termination of Employment occurs within six (6) months prior to the date on which a Section 409A Change of Control occurs, and such Termination of Employment was at the request of a third party who has taken steps to affect effect a Section 409A Change of Control, or otherwise was in connection with the Section 409A Change of Control, then for all purposes of this Agreement, a Section 409A Change of Control shall be deemed to have occurred prior to such Termination of Employment. Any payment that becomes due under the terms of this Agreement with respect to a Termination of Employment, including any such Termination of Employment within six (6) months prior to a Section 409A Change of Control under this subsection (c), shall be due at the time otherwise provided herein, such that, for example, any payment that may become due under Section IV(c) on the six (6) month anniversary of a Termination of Employment shall be due on such six (6) month anniversary if any such amount becomes payable in connection with a Termination of Employment within six (6) months prior to a Section 409A Change of Control under this subsection (c).

Deemed Change of Control. If Executive’s Termination of Employment occurs within six (6) months prior to the date on which a Section 409A Change of Control occurs, and such Termination of Employment was at the request of a third party who has taken steps to affect effect a Section 409A Change of Control, or otherwise was in connection with the Section 409A Change of Control, then for all purposes of this Agreement, a Section 409A Change of Control shall be deemed to have occurred prior to such Termination of Employment. Any payment that becomes due under the terms of this Agreement with respect to a Termination of Employment, including any such Termination of Employment within six (6) months prior to a Section 409A Change of Control under this subsection (c), shall be due at the time otherwise provided herein, such that, for example, any payment that may become due under Section IV(c) on the six (6) month anniversary of a Termination of Employment shall be due on such six (6) month anniversary if any such amount becomes payable in connection with a Termination of Employment within six (6) months prior to a Section 409A Change of Control under this subsection (c).

Deemed Change of Control. If Executive’s Termination of Employment occurs within six (6) months prior to the date on which a Section 409A Change of Control occurs, and such Termination of Employment was at the request of a third party who has taken steps to affect effect a Section 409A Change of Control, or otherwise was in connection with the Section 409A Change of Control, then for all purposes of this Agreement, a Section 409A Change of Control shall be deemed to have occurred prior to such Termination of Employment. Any payment that becomes due under the terms of this Agreement with respect to a Termination of Employment, including any such Termination of Employment within six (6) months prior to a Section 409A Change of Control under this subsection (c), shall be due at the time otherwise provided herein, such that, for example, any payment that may become due under Section IV(c) on the six (6) month anniversary of a Termination of Employment shall be due on such six (6) month anniversary if any such amount becomes payable in connection with a Termination of Employment within six (6) months prior to a Section 409A Change of Control under this subsection (c).six