Exceptions to Payment Delay. Notwithstanding Section 17(a), to the maximum extent permitted by applicable law, amounts payable to Executive pursuant to this Agreement shall be made in reliance upon Treasury Regulation Section 1.409A-1(b)(9) (with respect to separation pay plans) or Treasury Regulation Section 1.409A-1(b)(4) (with respect to short-term deferrals).
Appears in 4 contracts
Samples: Employment Agreement (Sizmek Inc.), Employment Agreement (Sizmek Inc.), Employment Agreement (Sizmek Inc.)
Exceptions to Payment Delay. Notwithstanding Section 17(a4(f)(i), to the maximum extent permitted by applicable law, amounts payable to Executive pursuant to this Agreement Section 4(b)(iii) and Sections 4(c)(iii) and (iv) shall be made in reliance upon Treasury Regulation Section 1.409A-1(b)(9) (with respect to separation pay plans) or Treasury Regulation Section 1.409A-1(b)(4) (with respect to short-term deferrals).
Appears in 4 contracts
Samples: Employment Agreement (Digital Generation, Inc.), Employment Agreement (Digital Generation, Inc.), Employment Agreement (Digital Generation, Inc.)
Exceptions to Payment Delay. Notwithstanding Section 17(a6(f), to the maximum extent permitted by applicable law, amounts payable to Executive pursuant to this Agreement shall be made in reliance upon Treasury Regulation Section 1.409A-1(b)(9) (with respect to separation pay plans) or Treasury Regulation Section 1.409A-1(b)(4) (with respect to short-term deferrals).
Appears in 1 contract
Samples: Executive Employment Agreement (SOCIAL REALITY, Inc.)
