Delay in Payment. Notwithstanding anything in the Agreement to the contrary, if Employee is deemed by the Company at the End Date for purposes of payment of the Stay Incentive Award to be a “specified employee” under Section 409A of the Internal Revenue Code, as amended (“Code’) then any such payment which would otherwise be payable hereunder shall not be paid until the date which is the first business day following the six-month period after the End Date (or earlier, upon Employee’s death).
Appears in 17 contracts
Samples: Stay Incentive Agreement (General Moly, Inc), Stay Incentive Agreement (General Moly, Inc), Stay Incentive Agreement (General Moly, Inc)
