Common use of Potential Six-Month Delay Clause in Contracts

Potential Six-Month Delay. Notwithstanding anything to the contrary in this Agreement, no amounts shall be paid to the Participant under this Agreement or any Restricted Stock Unit Agreement issued in accordance herewith during the six (6)-month period following the Participant’s “separation from service” to the extent that the Administrator determines that the Participant is a “specified employee” (each within the meaning of Section 409A) at the time of such separation from service and that paying such amounts at the time or times indicated in this Agreement and/or the applicable Restricted Stock Unit agreement would be a prohibited distribution under Code Section 409A(a)(2)(b)(i). If the payment of any such amounts is delayed as a result of the previous sentence, then on the first business day following the end of such six (6)-month period (or such earlier date upon which such amount can be paid under Section 409A without being subject to such additional taxes), the Company shall pay to the Participant in a lump-sum all amounts that would have otherwise been payable to the Participant during such six (6)-month period under this Agreement (or any Restricted Stock Unit agreement issued in accordance herewith).

Potential Six-Month Delay. Notwithstanding anything to the contrary in this Agreement, no amounts shares of Stock (or other amounts) shall be paid to the Participant under this Agreement or any Restricted Stock Unit Agreement issued in accordance herewith during the six (6)-month 6-month period following the Participant’s “separation from service” (within the meaning of Code Section 409A, and Treasury Regulation Section 1.409A-1(h)) (“Separation from Service”) to the extent that the Administrator Company determines that the Participant is a “specified employee” (each within the meaning of Code Section 409A) at the time of such separation Separation from service Service and that paying such amounts at the time or times indicated in this Agreement and/or the applicable Restricted Stock Unit agreement would be a prohibited distribution under Code Section 409A(a)(2)(b)(i). If the payment of any such amounts is delayed as a result of the previous sentence, then on the first (1st) business day following the end of such six (6)-month period (or such earlier date upon which such amount can be paid under Code Section 409A without being subject to such additional taxes), the Company shall pay to the Participant in a lump-sum all amounts shares of Stock (or other amounts) that would have otherwise been payable to the Participant during such six (6)-month period under this Agreement (or any Restricted Stock Unit agreement issued in accordance herewith)Agreement.

Potential Six-Month Delay. Notwithstanding anything to the contrary in this Agreement, no amounts shall be paid to the Participant Employee under this Agreement or any Restricted Stock Unit Agreement issued in accordance herewith during the six (6)-month period following the ParticipantEmployee’s “separation from service” (within the meaning of Section 409A(a)(2)(A)(i) of the Code) to the extent that the Administrator determines that the Participant Employee is a “specified employee” (each within the meaning of Section 409A) at the time of such separation from service and that paying such amounts at the time or times indicated in this Agreement and/or the applicable Restricted Stock Unit agreement would be a prohibited distribution under Code Section 409A(a)(2)(b)(i)409A(a)(2)(B)(i) of the Code. If the payment of any such amounts is delayed as a result of the previous sentence, then on the first business day following the end of such six (6)-month period (or such earlier date upon which such amount can be paid under Section 409A without being subject to such additional taxes), the Company shall pay to the Participant Employee in a lump-sum all amounts that would have otherwise been payable to the Participant Employee during such six (6)-month period under this Agreement (or any Restricted Stock Unit agreement issued in accordance herewith)Agreement.