Common use of General Suspension of Payments Clause in Contracts

General Suspension of Payments. If Executive is a “specified employee,” as such term is defined within the meaning of Section 409A, any payments or benefits payable or provided as a result of Executive’s termination of employment that would otherwise be paid or provided prior to the first day of the seventh month following such termination (other than due to death) shall instead be paid or provided on the earlier of (A) the six months and one day following Executive’s termination, (B) the date of Executive’s death, or (C) any date that otherwise complies with Section 409A. In the event that Executive is entitled to receive payments during the suspension period provided under this Section, Executive shall receive the accumulated benefits that would have been paid or provided under this Agreement within the suspension period on the earliest day that would be permitted under Section 409A. In the event of any delay in payment under this provision, the deferred amount shall bear interest at the prime rate (as stated in the Wall Street Journal) in effect on his termination date until paid.

Appears in 2 contracts

Samples: Employment Agreement (Ipsco Tubulars Inc), Executive Employment Agreement (Ipsco Tubulars Inc)

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General Suspension of Payments. If the Executive is a “specified employee,” as such term is defined within the meaning of Section 409A, any payments or benefits payable or provided as a result of the Executive’s termination of employment that would otherwise be paid or provided prior to the first day of the seventh month following such termination (other than due to death) shall instead be paid or provided on the earlier of (A) the six months and one day following the Executive’s termination, (B) the date of the Executive’s death, or (C) any date that otherwise complies with Section 409A. In the event that the Executive is entitled to receive payments during the suspension period provided under this Section, the Executive shall receive the accumulated benefits that would have been paid or provided under this Agreement within the suspension period on the earliest day that would be permitted under Section 409A. In the event of any delay in payment under this provision, the deferred amount shall bear interest at the prime rate (as stated in the Wall Street Journal) in effect on his the Executive’s termination date until paid.

Appears in 1 contract

Samples: Employment Agreement (Ipsco Tubulars Inc)

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General Suspension of Payments. If the Executive is a “specified employee,” as such term is defined within the meaning of Section 409A409A of the Code, any payments or benefits payable or provided as a result of the Executive’s termination of employment that would otherwise be paid or provided prior to the first day of the seventh month following such termination (other than due to death) shall instead be paid or provided on the earlier of (Ai) the six months and one day following the Executive’s termination, (Bii) the date of the Executive’s death, or (Ciii) any date that otherwise complies with Section 409A. 409A of the Code. In the event that the Executive is entitled to receive payments during the suspension period provided under this Section, the Executive shall receive the accumulated benefits that would have been paid or provided under this Agreement within the suspension period on the earliest day that would be permitted under Section 409A. 409A of the Code. In the event of any delay in payment under this provision, the deferred amount shall bear interest at the prime rate (as stated in the Wall Street Journal) in effect on his termination date until paid.

Appears in 1 contract

Samples: Employment Agreement (Cathay General Bancorp)

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