Delayed Distribution to Specified Employees. If the Company determines in accordance with Section 409A and 416(i) of the Code and the regulations promulgated thereunder, in the Company’s sole discretion, that the Executive is a specified employee of the Company, determined in accordance with Section 409A, any payments and/or benefits provided under this Agreement that constitute “nonqualified deferred compensation” subject to 409A that are provided to Executive on account of Executive’s Separation from Service shall not be provided until the day after the six-month anniversary of Executive’s termination date (“Specified Employee Payment Date”). The aggregate amount of any payments that would otherwise have been made to Executive during such six-month period shall be paid in a lump sum to Executive on the Specified Employee Payment Date without interest and, thereafter, any remaining payments and/or benefits shall be paid without delay in accordance with their original schedule.
Appears in 2 contracts
Samples: Executive Employment Agreement (Humacyte, Inc.), Executive Employment Agreement (Alpha Healthcare Acquisition Corp.)
Delayed Distribution to Specified Employees. If the Company determines in accordance with Section Sections 409A and 416(i) of the Code and the regulations promulgated thereunder, in the Company’s sole discretion, that the Executive is a specified employee of the Company, determined in accordance with Section 409A, any payments and/or benefits provided under this Agreement that constitute “”nonqualified deferred compensation” subject to Section 409A that are provided to Executive on account of Executive’s his Separation from Service shall not be provided until the day after the six-month anniversary of Executive’s termination date (“Specified Employee Payment Date”). The aggregate amount of any payments that would otherwise have been made to Executive during such six-month period shall be paid in a lump sum to Executive on the Specified Employee Payment Date without interest and, thereafter, any remaining payments and/or benefits reimbursements shall be paid without delay in accordance with their original schedule.
Appears in 2 contracts
Samples: Executive Employment Agreement (Tenax Therapeutics, Inc.), Executive Employment Agreement (Tenax Therapeutics, Inc.)
Delayed Distribution to Specified Employees. If the Company determines in accordance with Section Sections 409A and 416(i) of the Code and the regulations promulgated thereunder, in the Company’s sole discretion, that the Executive is a specified employee of the Company, determined in accordance with Section 409A, any payments and/or benefits provided under this Agreement that constitute “"nonqualified deferred compensation” " subject to Section 409A that are provided to Executive on account of Executive’s his Separation from Service shall not be provided until the day after the six-month anniversary of Executive’s termination date (“"Specified Employee Payment Date”"). The aggregate amount of any payments that would otherwise have been made to Executive during such six-month period shall be paid in a lump sum to Executive on the Specified Employee Payment Date without interest and, thereafter, any remaining payments and/or benefits reimbursements shall be paid without delay in accordance with their original schedule.
Appears in 2 contracts
Samples: Executive Employment Agreement (Oxygen Biotherapeutics, Inc.), Executive Employment Agreement (Oxygen Biotherapeutics, Inc.)
Delayed Distribution to Specified Employees. If the Company determines in accordance with Section 409A and 416(i) of the Code and the regulations promulgated thereunder, in the Company’s sole discretion, that the Executive is a specified employee of the Company, determined in accordance with Section 409A, any payments and/or benefits provided under this Agreement that constitute “nonqualified deferred compensation” subject to 409A that are provided to Executive on account of Executive’s his Separation from Service shall not be provided until the day after the six-month anniversary of Executive’s termination date (“Specified Employee Payment Date”). The aggregate amount of any payments that would otherwise have been made to Executive during such six-month period shall be paid in a lump sum to Executive on the Specified Employee Payment Date without interest and, thereafter, any remaining payments and/or benefits shall be paid without delay in accordance with their original schedule.
Appears in 2 contracts
Samples: Executive Employment Agreement (Alpha Healthcare Acquisition Corp.), Executive Employment Agreement (Alpha Healthcare Acquisition Corp.)
Delayed Distribution to Specified Employees. If the Company determines in accordance with Section Sections 409A and 416(i) of the Code and the regulations promulgated thereunder, in the Company’s sole discretion, that the Executive is a specified employee of the Company, determined in accordance with Section 409A, any payments and/or benefits provided under this Agreement that constitute “nonqualified deferred compensation” subject to Section 409A that are provided to Executive on account of Executive’s his Separation from Service shall not be provided until the day after the six-month anniversary of Executive’s termination date (“Specified Employee Payment Date”). The aggregate amount of any payments that would otherwise have been made to Executive during such six-month period shall be paid in a lump sum to Executive on the Specified Employee Payment Date without interest and, thereafter, any remaining payments and/or benefits reimbursements shall be paid without delay in accordance with their original schedule.
Appears in 1 contract
Samples: Executive Employment Agreement (Tenax Therapeutics, Inc.)
Delayed Distribution to Specified Employees. If the Company determines in accordance with Section 409A and 416(i) of the Code and the regulations promulgated thereunder, in the Company’s sole discretion, that the Executive is a specified employee of the Company, determined in accordance with Section 409A, any payments and/or benefits provided under this Agreement that constitute “nonqualified deferred compensation” subject to 409A that are provided to Executive on account of Executive’s her Separation from Service shall not be provided until the day after the six-month anniversary of Executive’s termination date (“Specified Employee Payment Date”). The aggregate amount of any payments that would otherwise have been made to Executive during such six-month period shall be paid in a lump sum to Executive on the Specified Employee Payment Date without interest and, thereafter, any remaining payments and/or benefits shall be paid without delay in accordance with their original schedule.
Appears in 1 contract
Samples: Executive Employment Agreement (Alpha Healthcare Acquisition Corp.)