Later Calendar Year. To the extent that any payment or benefit described in this Agreement constitutes “non-qualified deferred compensation” under Section 409A of the Code, and not otherwise exempt from the application of Section 409A, then, if the period during which Employee may consider and sign the Release or the period in which the Employer can make a severance payment spans two calendar years, any payment or benefit described in this Agreement will not be made or begin until the later calendar year.
Appears in 9 contracts
Samples: Employment Agreement (Pediatrix Medical Group, Inc.), Employment Agreement (Pediatrix Medical Group, Inc.), Employment Agreement (Pediatrix Medical Group, Inc.)
