Common use of Separation from Service Clause in Contracts

Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered nonqualified deferred compensation under Section 409A and is designated under this Agreement as payable upon Executive’s termination of employment shall be payable only upon Executive’s “separation from service” with the Company within the meaning of Section 409A (a “Separation from Service”).

Appears in 25 contracts

Samples: Employment Agreement (Applied Digital Corp.), Employment Agreement (Globalstar, Inc.), Employment Agreement (Globalstar, Inc.)

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Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered nonqualified deferred compensation under Section 409A and is designated under this Agreement as payable upon ExecutiveEmployee’s termination of employment shall be payable only upon ExecutiveEmployee’s “separation from service” with the Company within the meaning of Section 409A (a “Separation from Service”).

Appears in 8 contracts

Samples: Employment Agreement (Pivotal Acquisition Corp), Employment Agreement (EP Energy Corp), Employment Agreement (EP Energy Corp)

Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered nonqualified deferred compensation under Section 409A and is designated under this Agreement as payable upon ExecutiveEmployee’s termination of employment shall be payable only upon ExecutiveEmployee’s “separation from service” with the Company within the meaning of Section 409A (a “Separation from Service”).

Appears in 7 contracts

Samples: Employment Agreement (Clarus Corp), Employment Agreement (Live Oak Acquisition Corp), Employment Agreement (Live Oak Acquisition Corp)

Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered nonqualified deferred compensation under Section 409A and is designated under this Agreement as payable upon Executive’s termination of employment shall be payable only upon Executive’s “separation from service” with the Company within the meaning of Section 409A (a “Separation from Service”).

Appears in 6 contracts

Samples: Employment Agreement, Employment Agreement (SAILFISH ENERGY HOLDINGS Corp), Employment Agreement (SAILFISH ENERGY HOLDINGS Corp)

Separation from Service. Notwithstanding anything in the Agreement or this Agreement Amendment to the contrary, any no compensation or benefits payable under this the Agreement that is considered constitute “nonqualified deferred compensation under compensation” within the meaning of Section 409A and is designated under this Agreement as (“Deferred Compensation”) shall be payable upon Executivethe Employee’s termination of employment shall be payable only upon Executiveunless the Employee’s termination of employment constitutes a “separation from service” with the Company within the meaning of Section 409A (a “Separation from Service”).

Appears in 3 contracts

Samples: Severance Agreement (Complete Genomics Inc), Severance Agreement (Complete Genomics Inc), Severance Agreement (Complete Genomics Inc)

Separation from Service. Notwithstanding anything to the contrary in this Agreement to the contraryAgreement, any compensation or benefits benefit payable under this Agreement that is considered constitutes “nonqualified deferred compensation compensation” under Section 409A and is designated under this Agreement as payable upon Executive’s termination of employment with the Company shall be payable only upon Executive’s “separation from service” with the Company within the meaning of Section 409A (a “Separation from Service”).

Appears in 3 contracts

Samples: Employment Agreement (Maxar Technologies Inc.), Employment Agreement (Maxar Technologies Inc.), Employment Agreement (Maxar Technologies Inc.)

Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered nonqualified deferred compensation under Section 409A and is designated under this Agreement as payable upon Executive’s your termination of employment shall (subject to Section 409A(a)(2)(B)(i) of the Code) be payable only upon Executive’s your “separation from service” with the Company within the meaning of Section 409A (a “Separation from Service”).409A.

Appears in 3 contracts

Samples: Letter Agreement (ViewRay, Inc.), Letter Agreement (ViewRay, Inc.), Letter Agreement (Murphy Oil Corp /De)

Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered nonqualified deferred compensation under Section 409A and is are designated under this Agreement as payable upon Executive’s termination of employment shall be payable only upon Executive’s “separation from service” with the Company Employer within the meaning of Section 409A (a “Separation from Service”).

Appears in 2 contracts

Samples: Service Agreement (Diageo PLC), Service Agreement (Diageo PLC)

Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered nonqualified deferred compensation under Section 409A and is designated under this Agreement as payable upon the Executive’s termination of employment shall be payable only upon the Executive’s “separation from service” with the Company Corporation within the meaning of Section 409A (a “Separation from Service”).

Appears in 2 contracts

Samples: Employment Agreement (Li-Cycle Holdings Corp.), Employment Agreement (Li-Cycle Holdings Corp.)

Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered nonqualified deferred compensation under Section 409A and is designated under this Agreement as payable upon ExecutiveEmployee’s termination of employment employment, the termination of this Agreement or the termination of Employee’s consulting services shall be payable only upon ExecutiveEmployee’s “separation from service” with the Company within the meaning of Section 409A (a “Separation from Service”).

Appears in 2 contracts

Samples: Employment Agreement (Cadre Holdings, Inc.), Employment Agreement (Cadre Holdings, Inc.)

Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered nonqualified deferred compensation under Section 409A and is designated under this Agreement as payable upon ExecutiveEmployee’s termination of employment employment, the termination of this Agreement or the termination of Employee’s consulting services shall be payable only upon ExecutiveEmployee’s “separation Separation from serviceService” with the Company within the meaning of Section 409A (a “Separation from Service”).

Appears in 2 contracts

Samples: Employment Agreement (Clarus Corp), Employment Agreement (Cadre Holdings, Inc.)

Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered nonqualified deferred compensation under Section 409A and is are designated under this Agreement as payable upon the Executive’s termination of employment shall be payable only upon the Executive’s “separation from service” with the Company Employer within the meaning of Section 409A (a “Separation from Service”).

Appears in 1 contract

Samples: Service Agreement (Diageo PLC)

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Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered nonqualified deferred compensation under Section 409A and is designated under this Agreement as payable upon Executive’s termination of employment shall be payable only upon Executive’s “separation from service” with the Company within the meaning of Section 409A (a “Separation from Service”).. (iii)

Appears in 1 contract

Samples: Employment Agreement (DENTSPLY SIRONA Inc.)

Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered constitutes “nonqualified deferred compensation under compensation” (“Deferred Compensation”) within the meaning of Section 409A of the Code, and which is designated under this Agreement as payable upon Executive’s termination of employment shall be payable only upon Executive’s “separation from service” with the Company within the meaning of Section 409A of the Code (a “Separation from Service”).

Appears in 1 contract

Samples: Carl Rubin Employment Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)

Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered nonqualified deferred compensation under Section 409A and is designated under this Agreement as payable upon ExecutiveEmployee’s termination of employment shall be payable only upon ExecutiveEmployee’s “separation from service” with the Company within the meaning of Section 409A 409A(a)(2)(A)(i) (a “Separation from Service”).

Appears in 1 contract

Samples: Confidential Separation and Release Agreement (Synalloy Corp)

Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered US-LEGAL-11051179/5 174293-0005 nonqualified deferred compensation under Section 409A and is designated under this Agreement as payable upon Executive’s termination of employment shall be payable only upon Executive’s “separation from service” with the Company within the meaning of Section 409A (a “Separation from Service”).

Appears in 1 contract

Samples: Loyalty Agreement (CarLotz, Inc.)

Separation from Service. Notwithstanding anything in this the Agreement to the contrary, any compensation or benefits payable under this the Agreement that is considered constitute “nonqualified deferred compensation under compensation” within the meaning of Code Section 409A (“Deferred Compensation”) and is which are designated under this Agreement in Section 4 as payable upon the Executive’s termination of employment shall be payable only upon the Executive’s “separation from service” with the Company within the meaning of Code Section 409A (a “Separation from Service”).

Appears in 1 contract

Samples: Employment, Confidentiality and Noncompete Agreement (Singulex Inc)

Separation from Service. Notwithstanding anything to the contrary in this Agreement to the contraryAgreement, any compensation or benefits benefit payable under this Agreement that is considered constitutes “nonqualified deferred compensation compensation” under Section 409A and is designated under this Agreement as payable upon Executive’s you’re your termination of employment with the Company shall be payable only upon Executive’s “your separation from service” service with the Company (within the meaning of Section 409A (a “Separation from Service”409A).

Appears in 1 contract

Samples: David Jones (Vroom, Inc.)

Separation from Service. Notwithstanding anything in this Agreement to the contrary, any compensation or benefits payable under this Agreement that is considered nonqualified deferred compensation under Section 409A and is designated under this Agreement as payable upon Executive’s termination of employment shall be payable only upon Executive’s “separation from service” with the Company within the meaning of Section 409A (a “Separation from Service”).) and, except as provided below, any such compensation or benefits described in Section 4 shall not be paid, or, in the case of installments, shall not commence payment, until the thirtieth

Appears in 1 contract

Samples: Employment Agreement (Appgate, Inc.)

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