Common use of Section 409A Delay Clause in Contracts

Section 409A Delay. Each payment hereunder subject to Section 409A will be considered a separate payment for purposes of Section 409A. To the extent that it is determined by the Company in good faith that all or a portion of any payments hereunder subject to Section 409A made in connection with Executive’s separation from service are not exempt from Section 409A and that Executive is a “specified employee” (within the meaning of Section 409A) at the time of his separation from service, then payment of such non-exempt payments shall not be made until the date that is six (6) months and one day after his separation from service (or, if earlier, his death), with any payments that are required to be delayed being accumulated during the six-month period and paid in a lump sum on the date that is six (6) months and one day following his separation from service and any subsequent payments, if any, being paid in accordance with the dates and terms set forth herein.

Section 409A Delay. Each Effective January 1, 2009 each payment hereunder subject to Section 409A will be considered a separate payment for purposes of Section 409A. To the extent that it is determined by the Company in good faith that all or a portion of any payments hereunder subject to Section 409A made in connection with Executive’s separation from service are not exempt from Section 409A and that Executive is a “specified employee” (within the meaning of Section 409A) at the time of his separation from service, then payment of such non-exempt payments shall not be made until the date that is six (6) months and one day after his separation from service (or, if earlier, his death), with any payments that are required to be delayed being accumulated during the six-month period and paid in a lump sum on the date that is six (6) months and one day following his separation from service and any subsequent payments, if any, being paid in accordance with the dates and terms set forth herein.

Section 409A Delay. Each payment hereunder subject to Section 409A will be considered a separate payment for purposes of Section 409A. To the extent that it is determined by the Company in good faith that all or a portion of any payments hereunder subject to Section 409A made in connection with Executive’s your separation from service are not exempt from Section 409A and that Executive is you are a “specified employee” (within the meaning of Section 409A) at the time of his your separation from service, then payment of such non-exempt payments shall not be made until the date that is six (6) 6 months and one day after his your separation from service (or, if earlier, his your death), with any payments that are required to be delayed being accumulated during the six-6 month period and paid in a lump sum on the date that is six (6) 6 months and one day following his your separation from service and any subsequent payments, if any, being paid in accordance with the dates and terms set forth herein.

Section 409A Delay. Each payment hereunder subject to Section 409A will be considered a separate payment for purposes of Section 409A. To the extent that it is determined by the Company in good faith that all or a portion of any payments hereunder subject to Section 409A made in connection with Executive’s 's separation from service are not exempt from Section 409A and that Executive is a “"specified employee” " (within the meaning of Section 409A) at the time of his separation from service, then payment of such non-exempt payments shall not be made until the date that is six (6) months and one day after his separation from service (or, if earlier, his death), with any payments that are required to be delayed being accumulated during the six-month period and paid in a lump sum on the date that is six (6) months and one day following his separation from service and any subsequent payments, if any, being paid in accordance with the dates and terms set forth herein.

Section 409A Delay. Each payment hereunder subject to Section 409A will be considered a separate payment for purposes of Section 409A. To the extent that it is determined by the Company in good faith that all or a portion of any payments hereunder subject to Section 409A made in connection with Executive’s your separation from service are not exempt from Section 409A and that Executive is you are a “specified employee” (within the meaning of Section 409A) at the time of his your separation from service, then payment of such non-exempt payments shall not be made until the date that is six (6) months and one day after his your separation from service (or, if earlier, his your death), with any payments that are required to be delayed being accumulated during the six-six (6) month period and paid in a lump sum on the date that is six (6) months and one day following his your separation from service and any subsequent payments, if any, being paid in accordance with the dates and terms set forth herein.