Common use of Separation from Service Clause in Contracts

Separation from Service. “Separation from Service” means Executive’s termination of employment or service constitutes a “separation from service” within the meaning of Treasury Regulation Section 1.409A-1(h).

Appears in 21 contracts

Samples: Change in Control Severance Agreement (Ardelyx, Inc.), Control Severance Agreement (Ardelyx, Inc.), Control Severance Agreement (Ardelyx, Inc.)

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Separation from Service. “Separation from Service,with respect to the Executive, means the Executive’s termination of employment or service constitutes a “separation from service,within the meaning of as defined in Treasury Regulation Section 1.409A-1(h).

Appears in 12 contracts

Samples: Employment Agreement (eFFECTOR Therapeutics, Inc.), Employment Agreement (eFFECTOR Therapeutics, Inc.), Employment Agreement (Locust Walk Acquisition Corp.)

Separation from Service. As used herein, a “Separation from Service” means Executive’s occurs when the Executive dies, retires, or otherwise has a termination of employment or service with the Company that constitutes a “separation from service” within the meaning of Treasury Regulation Section 1.409A-1(h1.409A-1(h)(1), without regard to the optional alternative definitions available thereunder.

Appears in 12 contracts

Samples: Executive Employment Agreement (Apria, Inc.), Executive Employment Agreement (Apria, Inc.), Executive Employment Agreement

Separation from Service. As used herein, a “Separation from Service” means Executive’s occurs when Executive dies, retires, or otherwise has a termination of employment or service with the Company that constitutes a “separation from service” within the meaning of Treasury Regulation Section 1.409A-1(h1.409A-1(h)(1), without regard to the optional alternative definitions available thereunder.

Appears in 8 contracts

Samples: Executive Retention Agreement (Microsemi Corp), Executive Retention Agreement (Microsemi Corp), And Restated Agreement (Microsemi Corp)

Separation from Service. The term “Separation from Service” means Executive’s shall mean a termination of employment services provided by the Executive to his Employer, whether voluntarily or service constitutes involuntarily, other than by reason of death, Disability, or upon a “separation from service” within Sale of Business as determined by the meaning of Employer in accordance with Treasury Regulation Section 1.409A-1(h§1.409A -1(h).

Appears in 4 contracts

Samples: Continuation Agreement (San Joaquin Bancorp), Continuation Agreement (San Joaquin Bancorp), Continuation Agreement (San Joaquin Bancorp)

Separation from Service. A “Separation from Service” means Executive’s occurs when the Executive dies, retires, or otherwise has a termination of employment or service with the Company that constitutes a “separation from service” within the meaning of Treasury Regulation Section 1.409A-1(h1.409A-1(h)(1), without regard to the optional alternative definitions available thereunder.

Appears in 4 contracts

Samples: Severance Compensation Agreement (MSC Software Corp), Severance Compensation Agreement (MSC Software Corp), Severance Compensation Agreement (MSC Software Corp)

Separation from Service. As used herein, a “Separation from Service” means Executive’s occurs when the Executive dies, retires, or otherwise has a termination of employment or service with the Company that constitutes a “separation from service” within the meaning of Treasury Regulation Section 1.409A-1(h1.409A-l(h)(l), without regard to the optional alternative definitions available thereunder.

Appears in 4 contracts

Samples: Senior Vice President Severance Agreement (Apria, Inc.), Executive Severance Agreement (Apria, Inc.), Senior Vice President Severance Agreement (Apria, Inc.)

Separation from Service. “Separation from Service” means will mean Executive’s termination of employment or service constitutes a “separation from service” within the meaning of Treasury Regulation Section 1.409A-1(h).409A.

Appears in 3 contracts

Samples: Release Agreement (Gartner Inc), Release Agreement (Gartner Inc), Release Agreement (Gartner Inc)

Separation from Service. Executive’s Separation from Service” Service means Executive’s termination of employment or service constitutes a his “separation from service,” within the meaning of Section 409A(a)(2)(A)(i) of the Code and Treasury Regulation Section 1.409A-1(h)) thereunder.

Appears in 2 contracts

Samples: Employment Agreement (Evoke Pharma Inc), Employment Agreement (Evoke Pharma Inc)

Separation from Service. “Separation from From Service” means Executive’s a termination of employment or service constitutes a that meets the “separation from service” within requirements under section 409A of the meaning Internal Revenue Code of Treasury Regulation Section 1986, as amended (the “Code”) and section 1.409A-1(h) of the regulations thereunder (as may be amended from time to time and including any successor thereto).

Appears in 2 contracts

Samples: Confidentiality and Non Competition Agreement (Amcore Financial Inc), Confidentiality and Non Competition Agreement (Amcore Financial Inc)

Separation from Service. For purposes of this Agreement, “Separation from Service,with respect to Executive means Executive’s termination of employment or service constitutes a 's “separation from service,within the meaning of as defined in Treasury Regulation Section 1.409A-1(h).

Appears in 2 contracts

Samples: Severance Benefits Agreement (Leap Wireless International Inc), Severance Benefits Agreement (Leap Wireless International Inc)

Separation from Service. Separation from Service” Service means the Executive’s termination of employment or service constitutes a “separation from service” service with the Corporation, within the meaning of Treasury Regulation Section 1.409A-1(h)Regulations under Code section 409A, for any reason.

Appears in 2 contracts

Samples: Executive Deferred Compensation Agreement (Heritage Bankshares Inc /Va), Supplemental Executive Retirement Agreement (Heritage Bankshares Inc /Va)

Separation from Service. “Separation from Service” means a termination of Executive’s termination of employment or service with the Company which constitutes a separation from service” service within the meaning of Section 409A of the Code and the regulations promulgated thereunder, including Treasury Regulation Section 1.409A-1(h).

Appears in 1 contract

Samples: Employment and Executive Severance Agreement (Symmetricom Inc)

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Separation from Service. The term “Separation from Service” means the Executive’s termination of employment or service constitutes a “separation from service” within service from the meaning Company for purposes of Code Section 409A determined using the default provisions set forth in Treasury Regulation Section §1.409A-1(h)) or any successor regulation thereto.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Hudson Highland Group Inc)

Separation from Service. Separation from Service," with respect to the Executive, means the Executive’s termination of employment or service constitutes a “'s "separation from service” within the meaning of ," as defined in Treasury Regulation Section 1.409A-1(h).

Appears in 1 contract

Samples: Employment Agreement (Zogenix Inc)

Separation from Service. “Separation from Service” means the Executive’s “separation from service” (within the meaning of Section 409A of the Code) from the Company occurring as a result of the Executive’s termination of employment either: (a) by the Company without Cause (as defined below); or service constitutes (b) by the Executive with Good Reason (as defined below). Termination of the Executive’s employment under any other circumstances shall not constitute a “separation Separation from service” within Service for purposes of the meaning Executive’s eligibility to receive payments and benefits under Sections 4 and 5 of Treasury Regulation Section 1.409A-1(h)this Agreement.

Appears in 1 contract

Samples: Employment Agreement (MRV Communications Inc)

Separation from Service. “Separation from Service” means Executive’s the termination of employment or service constitutes a “separation from service” within with the meaning of Treasury Regulation Section 1.409A-1(h).Company and all related employers under section 414(b) or

Appears in 1 contract

Samples: Executive Severance Agreement (Standard Register Co)

Separation from Service. “Separation from Service” means will mean Executive’s termination of employment or service constitutes a “separation from service” within the meaning of Treasury Regulation Section 1.409A-1(h)409A. 9.

Appears in 1 contract

Samples: Employment Agreement (Gartner Inc)

Separation from Service. The term “Separation from Service” or “Separated from Service” means the termination, whether voluntary or involuntary, of Executive’s employment for reasons other than death. Whether a Separation from Service takes place is determined based on the facts and circumstances surrounding the termination of Executive’s employment and whether the Corporation (or its Successor) and Executive intended for Executive to provide significant services for the Corporation (or its Successor) following such termination. A termination of employment or service constitutes will not be considered a “separation Separation from service” within Service if the meaning termination from employment is not considered a termination of employment under Treasury Regulation Section 1.409A-1(h1.409A-1(h)(1)(ii).

Appears in 1 contract

Samples: Executive Employment Agreement (Parkway Acquisition Corp.)

Separation from Service. “Separation from Service,with respect to Executive, means Executive’s termination of employment or service constitutes a “separation from service,within the meaning of as defined in Treasury Regulation Section 1.409A-1(h).

Appears in 1 contract

Samples: Employment Agreement (Biocept Inc)

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