Common use of Section 409A Delay Clause in Contracts

Section 409A Delay. Notwithstanding any provisions of paragraphs 4, 9, 10 and 12 to the contrary, if you are a “specified employee” (within the meaning of Section 409A) at the time of your Separation from Service, and if any portion of the payments or benefits to be received by you under paragraphs 4, 9, 10 and 12 upon your Separation from Service would be considered deferred compensation under Section 409A, then the following provisions shall apply to each such portion.

Section 409A Delay. Notwithstanding any provisions of paragraphs 4, 98, 10 9 and 12 11 to the contrary, if you are a “specified employee” (within the meaning of Section 409A (or any successor provisions) of the Internal Revenue Code of 1986, as amended (the “Code”), and the rules and regulations promulgated thereunder (“Section 409A”)) at the time of your Separation from Service, Service and if any portion of the payments or benefits to be received by you under paragraphs 4, 98, 10 9 and 12 11 upon your Separation from Service would be considered deferred compensation under Section 409A, then the following provisions shall apply to each such portion.

Section 409A Delay. Notwithstanding any provisions of paragraphs 3(a), 4, 9, 10 and 12 to the contrary, if you are a “specified employee” (within the meaning of Section 409A) at the time of your Separation from Service, and if any portion of the payments or benefits to be received by you under paragraphs 3(a), 4, 9, 10 and 12 of this Agreement or under Schedules A, B, C and D upon your Separation from Service would be considered deferred compensation under Section 409A, then the following provisions shall apply to each such portion.

Section 409A Delay. Notwithstanding any provisions of paragraphs 3(a), 4, 9, 10 and 12 to the contrary, if you are a “specified employee” (within the meaning of Section 409A) at the time of your Separation from Service, and if any portion of the payments or benefits to be received by you under paragraphs 3(a), 4, 9, 10 and 12 of this Agreement or under Schedule A upon your Separation from Service would be considered deferred compensation under Section 409A, then the following provisions shall apply to each such portion.