Common use of Payments upon Separation Clause in Contracts

Payments upon Separation. All payments in connection with a separation from service under this Agreement shall be made as of the latest of the following dates: (i) the sixtieth (60th) day following the termination of Executive’s employment and his delivery without revocation of the executed Agreement; (ii) to the extent required under Section 11(a) of the Employment Agreement, the first business day that is six (6) months following Executive’s separation from service; or (iii) the payment date required under the terms of any deferred compensation plan subject to the requirements of the Internal Revenue Code (“Code”) Section 409A. Amounts otherwise payable prior to these dates shall be delayed pursuant to this provision. Executive shall not retain the ability to elect the tax year of any payments under this Agreement and to the extent any payment could be made in one (1) of two (2) tax years, such payment shall be made in the later tax year. All payments under this Agreement shall be subject to all applicable federal, state and local tax withholding.

Appears in 13 contracts

Samples: Executive Employment Agreement (Playa Hotels & Resorts N.V.), Executive Employment Agreement (Playa Hotels & Resorts N.V.), Executive Employment Agreement (Playa Hotels & Resorts N.V.)

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Payments upon Separation. All Notwithstanding any contrary payment provisions of this Section 6, all payments in connection with a separation from service under this Agreement shall be made as of the latest of the following dates: (i) the sixtieth thirtieth (60th30th) day following the termination of Executive’s employment and his delivery without revocation of the executed Separation Agreement; (ii) to the extent required under Section 11(a11(b) of the Employment Agreementbelow, the first business day that is six (6) months following Executive’s separation from service; or (iii) the payment date required under the terms of any deferred compensation plan subject to the requirements of the Internal Revenue Code (“Code”) Section 409A. Amounts otherwise payable prior to these dates shall be delayed pursuant to this provision. Executive shall not retain the ability to elect the tax year of any payments under this the Separation Agreement and to the extent any payment could be made in one (1) of two (2) tax years, such payment shall be made in the later tax year. All payments under this Agreement shall be subject to all applicable federal, state state, and local tax withholding.

Appears in 7 contracts

Samples: Executive Employment Agreement (Flora Growth Corp.), Executive Employment Agreement (Flora Growth Corp.), Executive Employment Agreement (Flora Growth Corp.)

Payments upon Separation. All Notwithstanding any contrary payment provisions of this Section 6, all payments in connection with a separation from service under this Agreement shall be made as of the latest of the following dates: (i) the sixtieth (60th) day following the termination of Executive’s employment and his delivery without revocation of the executed Separation Agreement; (ii) to the extent required under Section 11(a11(b) of the Employment Agreementbelow, the first business day that is six (6) months following Executive’s separation from service; or (iii) the payment date required under the terms of any deferred compensation plan subject to the requirements of the Internal Revenue Code (“Code”) Section 409A. Amounts otherwise payable prior to these dates shall be delayed pursuant to this provision. Executive shall not retain the ability to elect the tax year of any payments under this the Separation Agreement and to the extent any payment could be made in one (1) of two (2) tax years, such payment shall be made in the later tax year. All payments under this Agreement shall be subject to all applicable federal, state and local tax withholding.

Appears in 7 contracts

Samples: Executive Employment Agreement (Playa Hotels & Resorts N.V.), Executive Employment Agreement (Playa Hotels & Resorts N.V.), Executive Employment Agreement (Playa Hotels & Resorts N.V.)

Payments upon Separation. All Notwithstanding any contrary payment provisions of this Section 6, all payments in connection with a separation from service under this Agreement shall be made as of the latest of the following dates: (i) the sixtieth (60th) day following the termination of Executive’s employment and his delivery without revocation of the executed Separation Agreement; (ii) to the extent required under Section 11(a11(b) of the Employment Agreementbelow, the first business day that is six (6) months following Executive’s separation from service; or (iii) the payment date required under the terms of any deferred compensation plan subject to the requirements of the Internal Revenue Code (“Code”) Section 409A. Amounts otherwise payable prior to these dates shall be delayed pursuant to this provision. Executive shall not retain the ability to elect the tax year of any payments under this the Separation Agreement and to the extent any payment could be made in one (1) of two (2) tax years, such payment shall be made in the later tax year. All payments under this Agreement shall be subject to all applicable federal, state state, and local tax withholding.

Appears in 3 contracts

Samples: Executive Employment Agreement (Playa Hotels & Resorts N.V.), Executive Employment Agreement (Playa Hotels & Resorts N.V.), Executive Employment Agreement (Playa Hotels & Resorts N.V.)

Payments upon Separation. All Notwithstanding any contrary payment provisions of this Section 6, all payments in connection with a separation from service under this Agreement shall be made as of the latest of the following dates: (i) the sixtieth (60th) day following the termination of Executive’s Xx. Xxxxxxxxx’x employment and his delivery without revocation of the executed Separation Agreement; (ii) to the extent required under Section 11(a11(b) of the Employment Agreementbelow, the first business day that is six (6) months following Executive’s Xx. Xxxxxxxxx’x separation from service; or (iii) the payment date required under the terms of any deferred compensation plan subject to the requirements of the Internal Revenue Code (“Code”) Section 409A. Amounts otherwise payable prior to these dates shall be delayed pursuant to this provision. Executive Xx. Xxxxxxxxx shall not retain the ability to elect the tax year of any payments under this the Separation Agreement and to the extent any payment could be made in one (1) of two (2) tax years, such payment shall be made in the later tax year. All payments under this Agreement shall be subject to all applicable federal, state and local tax withholding.

Appears in 2 contracts

Samples: Executive Employment Agreement (Playa Hotels & Resorts N.V.), Executive Employment Agreement (Playa Hotels & Resorts B.V.)

Payments upon Separation. All Notwithstanding any contrary payment provisions of this Section 6, all payments in connection with a separation from service under this Agreement shall be made as of the latest of the following dates: (i) the sixtieth thirtieth (60th30th) day following the termination of ExecutiveConsultant’s employment engagement and his delivery without revocation of the executed Separation Agreement; (ii) to the extent required under Section 11(a11(b) of the Employment Agreementbelow, the first business day that is six (6) months following ExecutiveConsultant’s separation from service; or (iii) the payment date required under the terms of any deferred compensation plan subject to the requirements of the Internal Revenue Code (“Code”) Section 409A. Amounts otherwise payable prior to these dates shall be delayed pursuant to this provision. Executive Consultant shall not retain the ability to elect the tax year of any payments under this the Separation Agreement and to the extent any payment could be made in one (1) of two (2) tax years, such payment shall be made in the later tax year. All payments under this Agreement shall be subject to all applicable federal, state state, and local tax withholding.

Appears in 2 contracts

Samples: Consulting Agreement (Flora Growth Corp.), Consulting Agreement (Flora Growth Corp.)

Payments upon Separation. All payments in connection with a separation from service under this Agreement shall be made as of the latest of the following dates: (i) the sixtieth (60th) day following the termination of Executive’s employment and his delivery without revocation of the executed Agreement; (ii) to the extent required under Section 11(a) of the Employment Agreement, the first business day that is six (6) months following Executive’s separation from service; or (iii) the payment date required under the terms of any deferred compensation plan subject to the requirements of the Internal Revenue Code (“Code”) Section 409A. Amounts otherwise payable prior to these dates shall be delayed pursuant to this provision. Executive shall not retain the ability to elect the tax year of any payments under this Agreement and to the extent any payment could be made in one (1) of two (2) tax years, such payment shall be made in the later tax year. All payments under this Agreement shall be subject to all applicable federal, state state, and local tax withholding.

Appears in 1 contract

Samples: Separation Agreement (Playa Hotels & Resorts N.V.)

Payments upon Separation. All Notwithstanding any contrary payment provisions of this Section 6, all payments in connection with a separation from service under this Agreement shall be made as of the latest of the following dates: (i) the sixtieth (60th) day following the termination of Executive’s Xx. Xxxxxxxxx’x employment and his delivery without revocation of the executed Separation Agreement; (ii) to the extent required under Section 11(a11(b) of the Employment Agreementbelow, the first business day that is six (6) months following Executive’s Xx. Xxxxxxxxx’x separation from service; or (iii) the payment date required under the terms of any deferred compensation plan subject to the requirements of the Internal Revenue Code (“Code”) Section 409A. Amounts otherwise payable prior to these dates shall be delayed pursuant to this provision. Executive Xx. Xxxxxxxxx shall not retain the ability to elect the tax year of any payments under this the Separation Agreement and to the extent any payment could be made in one (1) of two (2) tax years, such payment shall be made in the later tax year. All payments under this Agreement shall be subject to all applicable federal, state state, and local tax withholding.

Appears in 1 contract

Samples: Executive Employment Agreement (Playa Hotels & Resorts N.V.)

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Payments upon Separation. All Notwithstanding any contrary payment provisions of this Section 6, all payments in connection with a separation from service under this Agreement shall be made as of the latest of the following dates: (i) the sixtieth thirtieth (60th30th) day following the termination of Executive’s employment and his delivery without revocation of the executed Separation Agreement; (ii) to the extent required under Section 11(a11(b) of the Employment Agreementbelow, the first business day that is six (6) months following Executive’s separation from service; or (iii) the payment date required under the terms of any deferred compensation plan subject to the requirements of the Internal Revenue Code (“Code”) Section 409A. Amounts otherwise payable prior to these dates shall be delayed pursuant to this provision. Executive shall not retain the ability to elect the tax year of any payments under this the Separation Agreement that constitutes nonqualified deferred compensation under Code Section 409A and to the extent any payment could be made in one (1) of two (2) tax years, such payment shall be made in the later tax year. All payments under this Agreement shall be subject to all applicable federal, state state, and local tax withholding.

Appears in 1 contract

Samples: Executive Employment Agreement (Flora Growth Corp.)

Payments upon Separation. All payments Notwithstanding any contrary payment provisions of this Section 6, no payment in connection with a separation from service under this Agreement shall be made as of earlier than the latest of the following dates: (i) the sixtieth (60th) day following the termination of Executive’s 's employment and his her delivery without revocation of the executed Separation Agreement; (ii) to the extent required under Section 11(a11(b) of the Employment Agreementbelow, the first business day that is six (6) months following Executive’s 's separation from service; or (iii) the payment date required under the terms of any deferred compensation plan subject to the requirements of the Internal Revenue Code (“Code”) Section 409A. Amounts otherwise payable prior to these dates shall be delayed pursuant to this provision. Executive shall not retain the ability to elect the tax year of any payments under this the Separation Agreement and to the extent any payment could be made in one (1) of two (2) tax years, such payment shall be made in the later tax year. All payments under this Agreement shall be subject to all applicable federal, state and local tax withholding.

Appears in 1 contract

Samples: Executive Employment Agreement (Playa Hotels & Resorts N.V.)

Payments upon Separation. All Notwithstanding any contrary payment provisions of the Section 6, all payments in connection with a separation from service under this the Agreement shall be made as of the latest of the following dates: (i) the sixtieth thirtieth (60th30th) day following the termination of ExecutiveConsultant’s employment engagement and his delivery without revocation of the executed Separation Agreement; (ii) to the extent required under Section 11(a11(b) of the Employment Agreementbelow, the first business day that is six (6) months following ExecutiveConsultant’s separation from service; or (iii) the payment date required under the terms of any deferred compensation plan subject to the requirements of the Internal Revenue Code (“Code”) Section 409A. Amounts otherwise payable prior to these dates shall be delayed pursuant to this the provision. Executive Consultant shall not retain the ability to elect the tax year of any payments under this the Separation Agreement and to the extent any payment could be made in one (1) of two (2) tax years, such payment shall be made in the later tax year. All payments under this the Agreement shall be subject to all applicable federal, state state, and local tax withholding.

Appears in 1 contract

Samples: Consulting Agreement (Flora Growth Corp.)

Payments upon Separation. All Notwithstanding any contrary payment provisions of the Section 6, all payments in connection with a separation from service under this the Agreement shall be made as of the latest of the following dates: (i) the sixtieth thirtieth (60th30th) day following the termination of Executive’s employment and his her delivery without revocation of the executed Separation Agreement; (ii) to the extent required under Section 11(a11(b) of the Employment Agreementbelow, the first business day that is six (6) months following Executive’s separation from service; or (iii) the payment date required under the terms of any deferred compensation plan subject to the requirements of the Internal Revenue Code (“Code”) Section 409A. Amounts otherwise payable prior to these dates shall be delayed pursuant to this the provision. Executive shall not retain the ability to elect the tax year of any payments under this the Separation Agreement and to the extent any payment could be made in one (1) of two (2) tax years, such payment shall be made in the later tax year. All payments under this the Agreement shall be subject to all applicable federal, state state, and local tax withholding.

Appears in 1 contract

Samples: Executive Employment Agreement (Flora Growth Corp.)

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