No Acceleration; Separate Payments; Termination of Employment. No 409A Payment payable under this Agreement shall be subject to acceleration or to any change in the specified time or method of payment, except as otherwise provided under this Agreement and consistent with Code Section 409A. If under this Agreement, a 409A Payment is to be paid in two or more installments, for purposes of Section 409A, each installment shall be treated as a separate payment. Notwithstanding anything contained in this Agreement to the contrary, the date on which a Separation from Service occurs shall be treated as the termination of employment date for purposes of determining the timing of payments under this Agreement to the extent necessary to have such payments and benefits under this Agreement be exempt from the requirements of Section 409A of the Code or comply with the requirements of Code Section 409A.
Appears in 9 contracts
Samples: Employee Protection and Restrictive Covenants Agreement (Ventas, Inc.), Employee Protection and Restrictive Covenants Agreement (Ventas, Inc.), Consulting Agreement (Ventas, Inc.)
No Acceleration; Separate Payments; Termination of Employment. No 409A Payment payable under this Agreement shall be subject to acceleration or to any change in the specified time or method of payment, except as otherwise provided under this Agreement and consistent with Code Section 409A. 409A of the Code. If under this Agreement, a 409A Payment is to be paid in two or more installments, for purposes of Section 409A409A of the Code, each installment shall be treated as a separate payment. Notwithstanding anything contained in this Agreement to the contrary, the date on which a Separation from Service occurs shall be treated as the termination of employment date for purposes of determining the timing of payments under this Agreement to the extent necessary to have such payments and benefits under this Agreement be exempt from the requirements of Section 409A of the Code or comply with the requirements of Code Section 409A.409A of the Code.
Appears in 5 contracts
Samples: Employee Protection and Noncompetition Agreement (Care Capital Properties, Inc.), Form of Employee Protection and Noncompetition Agreement (Care Capital Properties, Inc.), Form of Employee Protection and Noncompetition Agreement (Care Capital Properties, Inc.)
No Acceleration; Separate Payments; Termination of Employment. No 409A Payment payable under this Agreement shall be subject to acceleration or to any change in the specified time or method of payment, except as otherwise provided under this Agreement and consistent with Code Section 409A. If under this Agreement, a 409A Payment is to be paid in two or more installments, for purposes of Section 409A, each installment shall be treated as a separate payment. Notwithstanding anything contained in this Agreement to the contrary, the date on which a Separation from Service occurs shall be treated as the termination of employment date for purposes of determining the timing of payments under this Agreement to the extent necessary to have such payments and benefits under this Agreement be exempt from the requirements of Code Section 409A of the Code or comply with the requirements of Code Section 409A.
Appears in 4 contracts
Samples: Employment Agreement (RLJ Entertainment, Inc.), Employment Agreement (RLJ Entertainment, Inc.), Employment Agreement (RLJ Entertainment, Inc.)
