No Longer a Specified Employee. If and to the extent that the Employee is not a Specified Employee under Section 409A at the time of a separation from service hereunder, the six-month waiting period for payment of benefits provided herein shall not be applicable and payment shall be made in a lump sum five business days following the date of termination of employment or in the case of reimbursement, within the time periods provided in Sections 3.3(a)(iv) or 3.6 in compliance with Section 409A.
Appears in 4 contracts
Samples: Change of Control Agreement (Tidewater Inc), Change of Control Agreement (Tidewater Inc), Change of Control Agreement (Tidewater Inc)
No Longer a Specified Employee. If and to the extent that the Employee is not a Specified Employee “specified employee” under Section 409A at the time of a separation from service hereunder, the six-month waiting period for payment of benefits provided herein shall not be applicable and payment shall be made in a lump sum five business days following the date of termination of employment or in the case of reimbursementreimbursement or gross-up payments, within the time periods provided in Sections 3.3(a)(iv) or 3.6 in compliance with Section 409A.
Appears in 3 contracts
Samples: Change of Control Agreement (Tidewater Inc), Change of Control Agreement (Tidewater Inc), Change of Control Agreement (Tidewater Inc)
No Longer a Specified Employee. If and to the extent that the Employee is not a Specified Employee under Section 409A at the time of a separation from service hereunder, the six-month waiting period for payment of benefits provided herein shall not be applicable and payment shall be made in a lump sum five business days following the date of termination of employment or in the case of reimbursementreimbursement or gross-up payments, within the time periods provided in Sections 3.3(a)(iv) or 3.6 in compliance with Section 409A.
Appears in 2 contracts
Samples: Change of Control Agreement (Tidewater Inc), Change of Control Agreement (Tidewater Inc)