Involuntary Separation. Any amount paid under this Agreement that qualifies as a payment made as a result of an involuntary separation from service pursuant to Section 1.409A-1(b)(9)(iii) of the Treasury Regulations that does not exceed the Section 409A Limit (as defined below) will not constitute Deferred Payments for purposes of clause (a) above.
Appears in 8 contracts
Samples: Employment Agreement (FusionStorm Global, Inc.), Employment Agreement (FusionStorm Global, Inc.), Employment Agreement (FusionStorm Global, Inc.)
Involuntary Separation. Any amount paid under this Agreement that qualifies as a payment made as a result of an involuntary separation from service pursuant to Section 1.409A-1(b)(9)(iii) of the Treasury Regulations that does not exceed the Section 409A Limit (as defined below) will not constitute Deferred Payments for purposes of clause (ai) above.
Appears in 4 contracts
Samples: Employment Agreement (FusionStorm Global, Inc.), Employment Agreement (FusionStorm Global, Inc.), Employment Agreement (FusionStorm Global, Inc.)
Involuntary Separation. Any amount Amount paid under this Agreement that qualifies as a payment made as a result of an involuntary separation from service pursuant to Section 1.409A-1(b)(9)(iii) of the Treasury Regulations that does do not exceed the Section 409A Limit (as defined below) will shall not constitute Deferred Payments Compensation Separation Benefits for purposes of clause (ai) above.
Appears in 2 contracts
Samples: Change of Control Severance Agreement (Infinera Corp), Change of Control Severance Agreement (Infinera Corp)
Involuntary Separation. Any amount Amounts paid under this Agreement that qualifies as a payment made as a result of an involuntary separation from service pursuant to Section 1.409A-1(b)(9)(iii) of the Treasury Regulations Section 1.409A‑1(b)(9)(iii) that does do not exceed the Section 409A Limit (as defined below) will shall not constitute Deferred Payments for purposes of clause (aSection 4(c) above.
Appears in 1 contract
Samples: Change of Control Severance Agreement (INFINERA Corp)
Involuntary Separation. Any amount paid under this Agreement that qualifies as a payment made as a result of an involuntary separation from service pursuant to Treasury Regulations Section 1.409A-1(b)(9)(iii) of the Treasury Regulations that does do not exceed the Section 409A Limit (as defined below) will shall not constitute Deferred Payments for purposes of clause (a) this Section 5.A.ii. above.
Appears in 1 contract
Samples: Change in Control and Severance Agreement (Hawaiian Holdings Inc)
Involuntary Separation. Any amount Amounts paid under this Agreement that qualifies as a payment made as a result of an involuntary separation from service pursuant to Treasury Regulations Section 1.409A-1(b)(9)(iii) of the Treasury Regulations that does do not exceed the Section 409A Limit (as defined below) will shall not constitute Deferred Payments for purposes of clause (aSection 4(c) above.
Appears in 1 contract
Samples: Change of Control Severance Agreement (INFINERA Corp)