Common use of Form and Time of Payment Clause in Contracts

Form and Time of Payment. The cash amounts provided for in paragraph 4 above shall be paid in a single lump sum payment on the regularly scheduled payroll day immediately following the 30th day after Executive’s termination date (but in no event later than March 15th following the calendar year in which occurs the later of the time the legally binding right to the payment arises or the time such right first ceases to be subject to a substantial risk of forfeiture). It is intended that these payments constitute short-term deferred compensation within the meaning of the applicable Treasury regulations pursuant to Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”). Notwithstanding the preceding two sentences, if Executive is a “specified employee” at the time Executive separates from service with the Company and any payment or benefit under paragraph 4 is determined to constitute non-qualified deferred compensation, such payment shall be made or such benefit shall be provided on the date that is six months after Executive’s separation from service with the Company, all as determined in accordance with Section 409A of the Code.

Appears in 4 contracts

Samples: Executive Change in Control Agreement (Gardner Denver Inc), Executive Change in Control Agreement (Gardner Denver Inc), Executive Change in Control Agreement (Gardner Denver Inc)

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Form and Time of Payment. The cash amounts provided for in paragraph 4 Section 5 above shall be paid in a single lump sum payment on the regularly scheduled payroll day immediately following the 30th 55th day after Executive’s your termination date (but in no event later than March 15th following the calendar year in which occurs the later of the time the legally binding right to the payment arises or the time such right first ceases to be subject to a substantial risk of forfeiture). It is intended that these payments constitute short-term deferred compensation within the meaning of the applicable Treasury regulations pursuant to Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”). Notwithstanding the preceding two sentences, if Executive is you are a “specified employee” at the time Executive separates you separate from service with the Company and any payment or benefit under paragraph 4 Section 5 is determined to constitute non-qualified deferred compensation, such payment shall be made or such benefit shall be provided on the date that is six months first payroll of the seventh month after Executive’s your separation from service with the Company, all as determined in accordance with Section 409A of the Code.

Appears in 2 contracts

Samples: Change in Control Agreement (Regions Financial Corp), Change in Control Agreement (Regions Financial Corp)

Form and Time of Payment. The cash amounts provided for in paragraph Section 4 above shall be paid in a single lump sum payment on the regularly scheduled payroll day immediately following the 30th day after Executive’s your termination date (but in no event later than March 15th following the calendar year in which occurs the later of the time the legally binding right to the payment arises or the time such right first ceases to be subject to a substantial risk of forfeiture). It is intended that these payments constitute short-term deferred compensation within the meaning of the applicable Treasury regulations pursuant to Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”). Notwithstanding the preceding two sentences, if Executive is you are a “specified employee” at the time Executive separates you separate from service with the Company and any payment or benefit under paragraph Section 4 is determined to constitute non-qualified deferred compensation, such payment shall be made or such benefit shall be provided on the date that is six months after Executive’s your separation from service with the Company, all as determined in accordance with Section 409A of the Code.

Appears in 1 contract

Samples: Change in Control Agreement (Regions Financial Corp)

Form and Time of Payment. The cash amounts provided for in paragraph Section 4 above shall be paid in a single lump sum payment on the regularly scheduled payroll day immediately following the 30th day after Executive’s alter your termination date (but in no event later than March 15th following the calendar year in which occurs the later of the time the legally binding right to the payment arises or the time such right first ceases to be subject to a substantial risk of forfeiture). It is intended that these payments constitute short-term deferred compensation within the meaning of the applicable Treasury regulations pursuant to Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”). Notwithstanding the preceding two sentences, if Executive is you are a “specified employee” at the time Executive separates you separate from service with the Company and any payment or benefit under paragraph Section 4 is determined to constitute non-qualified deferred compensation, such payment shall be made or such benefit shall be provided on the date that is six months after Executive’s alter your separation from service with the Company, all as determined in accordance with Section 409A of the Code.

Appears in 1 contract

Samples: Change in Control Agreement (Regions Financial Corp)

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Form and Time of Payment. The cash amounts provided for in paragraph Section 4 above shall be paid in a single lump sum payment on the regularly scheduled payroll day immediately following the 30th 55th day after Executive’s your termination date (but in no event later than March 15th following the calendar year in which occurs the later of the time the legally binding right to the payment arises or the time such right first ceases to be subject to a substantial risk of forfeiture). It is intended that these payments constitute short-term deferred compensation within the meaning of the applicable Treasury regulations pursuant to Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”). Notwithstanding the preceding two sentences, if Executive is you are a “specified employee” at the time Executive separates you separate from service with the Company and any payment or benefit under paragraph 4 Section [4] is determined to constitute non-qualified deferred compensation, such payment shall be made or such benefit shall be provided on the date that is six months first payroll of the seventh month after Executive’s your separation from service with the Company, all as determined in accordance with Section 409A of the Code.

Appears in 1 contract

Samples: Change in Control Agreement (Regions Financial Corp)

Form and Time of Payment. The cash amounts provided for in paragraph 4 above shall be paid in a single lump lump-sum payment on the regularly scheduled payroll day immediately following the 30th day after Executive’s termination date (but in no event later than March 15th following the calendar year in which occurs the later of the time the legally binding right to the payment arises or the time such right first ceases to be subject to a substantial risk of forfeiture). It is intended that these payments constitute short-term deferred compensation within the meaning of the applicable Treasury regulations pursuant to Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”). Notwithstanding the preceding two sentences, if Executive is a “specified employee” at the time Executive separates from service with the Company and any payment or benefit under paragraph 4 is determined to constitute non-qualified deferred compensation, such payment shall be made or such benefit shall be provided on the date that is six months after Executive’s separation from service with the Company, all as determined in accordance with Section 409A of the Code.

Appears in 1 contract

Samples: Executive Change in Control Agreement (Gardner Denver Inc)

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