Common use of Delay for Specified Employee Clause in Contracts

Delay for Specified Employee. To the extent that (a) Company's common stock is publicly traded on an "established securities market" as defined in Treasury Regulations § 1.897-1(m), and (b) Executive would otherwise be entitled to any payment or benefit under this Agreement or any plan or arrangement of Company or its affiliates, that constitutes "deferred compensation" subject to Section 409A and that if paid during the six months beginning on the date of Executive's termination of employment would be subject the 409A Penalties because Executive is a "specified employee" (within the meaning of Section 409A and as determined from time to time by Company), the payment will be paid to Executive on the earliest of the six-month anniversary of the termination of employment, a change in ownership or effective control of Company (within the meaning of Section 409A) or Executive's death.

Delay for Specified Employee. To the extent that (a) Company's ’s common stock is publicly traded on an "“established securities market" ” as defined in Treasury Regulations § 1.897-1(m1.8971(m), and (b) Executive would otherwise be entitled to any payment or benefit under this Agreement or any plan or arrangement of Company or its affiliates, that constitutes "“deferred compensation" ” subject to Section 409A and that if paid during the six months beginning on the date of Executive's ’s termination of employment would be subject the 409A Penalties because Executive is a "“specified employee" ” (within the meaning of Section 409A and as determined from time to time by Company), the payment will be paid to Executive on the earliest of the six-month anniversary of the termination of employment, a change in ownership or effective control of Company (within the meaning of Section 409A) or Executive's ’s death.

Delay for Specified Employee. To the extent that (a) Company's ’s common stock is publicly traded on an "“established securities market" ” as defined in Treasury Regulations § 1.897-1.897 1(m), and (b) Executive would otherwise be entitled to any payment or benefit under this Agreement or any plan or arrangement of Company or its affiliates, that constitutes "“deferred compensation" ” subject to Section 409A and that if paid during the six months beginning on the date of Executive's ’s termination of employment would be subject the 409A Penalties because Executive is a "“specified employee" ” (within the meaning of Section 409A and as determined from time to time by Company), the payment will be paid to Executive on the earliest of the six-month anniversary of the termination of employment, a change in ownership or effective control of Company (within the meaning of Section 409A) or Executive's ’s death.