Common use of Six-Month Delay in Certain Circumstances Clause in Contracts

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute non-exempt “deferred compensation” for purposes of Section 409A of the Code (“Non-Exempt Deferred Compensation”) would otherwise be payable or distributable under this Agreement by reason of Employee’s separation from service during a period in which Employee is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by the Company under Treas. Reg. Section 1.409A-3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes): (i) the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following Employee’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following Employee’s separation from service (or, if Employee dies during such period, within thirty (30) days after Employee’s death) (in either case, the “Required Delay Period”); and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute non-exempt “deferred compensation” for purposes of Section 409A of the Code (“Non-Exempt Deferred Compensation”) would otherwise be payable or distributable under this Agreement by reason of Employee’s separation from service during a period in which Employee is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by the Company under Treas. Reg. Section 1.409A-3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes): (i) the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month six (6)-month period immediately following Employee’s separation from service will be accumulated through and paid or provided on the first (1st) day of the seventh (7th) month following Employee’s separation from service (or, if Employee dies during such period, within thirty (30) days after Employee’s death) (in either case, the “Required Delay Period”); and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if to the extent that any amount or benefit that would constitute non-exempt “deferred compensation” for purposes within the meaning of Section 409A of the Code (“Non-Exempt Deferred Compensation”) would otherwise be payable or distributable under this Agreement by reason of EmployeeExecutive’s separation Separation from service Service during a period in which Employee he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by the Company under Treas. Reg. Section 1.409A-3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes): (i) the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following EmployeeExecutive’s separation Separation from service Service will be accumulated through and paid or provided on the first day of the seventh month following EmployeeExecutive’s separation Separation from service Service (or, if Employee Executive dies during such period, within thirty (30) 30 days after EmployeeExecutive’s death) (in either case, the “Required Delay Period”); and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute non-exempt “"deferred compensation” " for purposes of Section 409A of the Code (“"Non-Exempt Deferred Compensation”") would otherwise be payable or distributable under this Agreement by reason of Employee’s 's separation from service during a period in which Employee is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by the Company under Treas. Reg. Section 1.409A-3(j)(4)(ii1.409A-3G)(4)(ii) (domestic relations order), (j)(4)(iiiG)(4)(iii) (conflicts of interest), or (j)(4)(viG)(4)(vi) (payment of employment taxes): (i) the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following Employee’s 's separation from service will be accumulated through and paid or provided on the first day of the seventh month following Employee’s 's separation from service (or, if Employee dies during such period, within thirty (30) days after Employee’s 's death) (in either case, the “"Required Delay Period”"); and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute non-exempt “deferred compensation” for purposes of Section 409A of the Code (“Non-Exempt Deferred Compensation”) would otherwise be payable or distributable under this Agreement by reason of the Employee’s separation from service during a period in which the Employee is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by the Company under Treas. Reg. Section 1.409A-3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes): (i) i. the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following the Employee’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following the Employee’s separation from service (or, if the Employee dies during such period, within thirty (30) 30 days after the Employee’s death) (in either case, the “Required Delay Period”); and (ii) . the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute non-exempt “deferred compensation” for purposes of Section 409A of the Code (“Non-Exempt Deferred Compensation”) would otherwise be payable or distributable under this Agreement by reason of Employee’s separation from service during a period in which Employee is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by the Company under Treas. Reg. Section 1.409A-3(j)(4)(ii) (domestic 1.409A-3(j)(4)(ii)(domestic relations order), (j)(4)(iii) (conflicts j)(4)(iii)(conflicts of interest), or (j)(4)(vi) (payment j)(4)(vi)(payment of employment taxes): (i) the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following Employee’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following Employee’s separation from service (or, if Employee dies during such period, within thirty (30) days after Employee’s death) (in either case, the “Required Delay Period”); and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if to the extent that any amount or benefit that would constitute non-exempt “deferred compensation” for purposes within the meaning of Section § 409A of the Code and the related income tax regulations (“Non-Exempt Deferred Compensation”) would otherwise be payable or distributable under this Agreement by reason of Employee’s separation Separation from service Service during a period in which Employee he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by the Company under Treas. Reg. Section 1.409A-3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes): (i) the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following Employee’s separation Separation from service Service will be accumulated through and paid or provided on the first day of the seventh month following Employee’s separation Separation from service Service (or, if Employee dies during such period, within thirty (30) 30 days after Employee’s death) (in either case, the “Required Delay Period”); and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if to the extent that any amount or benefit that would constitute non-exempt “deferred compensation” for purposes within the meaning of Section 409A of the Code (“Non-Exempt Deferred Compensation”) would otherwise be payable or distributable under this Agreement by reason of EmployeeExecutive’s separation Separation from service Service during a period in which Employee she is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by the Company under Treas. Reg. Section 1.409A-3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes): (i) the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following EmployeeExecutive’s separation Separation from service Service will be accumulated through and paid or provided on the first day of the seventh month following EmployeeExecutive’s separation Separation from service Service (or, if Employee Executive dies during such period, within thirty (30) on the day that is 30 days after EmployeeExecutive’s death) (in either case, the “Required Delay Period”); and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute non-exempt “deferred compensation” for purposes of Section 409A of the Code (“Non-Exempt Deferred Compensation”) Compensation would otherwise be payable or distributable under this Agreement by LEGAL02/43756812v5 reason of EmployeeExecutive’s separation from service during a period in which Employee Executive is a Specified Employee specified employee (as defined belowdetermined by Employer in accordance with Section 409A of the Code and Treasury Regulations § 1.409A-3(i)(2)), then, subject to any permissible acceleration of payment by the Company Employer under Treas. Reg. Section 1.409A-3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes): ): (i) the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-six- month period immediately following EmployeeExecutive’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following EmployeeExecutive’s separation from service (or, if Employee Executive dies during such period, within thirty (30) 30 days after EmployeeExecutive’s death) (in either case, the “Required Delay Period”); and and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute non-exempt “"deferred compensation” " for purposes of Section 409A of the Code (“"Non-Exempt Deferred Compensation”") would otherwise be payable or distributable under this Agreement by reason of Employee’s 's separation from service during a period in which Employee is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by the Company under Treas. Reg. Section 1.409A-3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes): (i) the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following Employee’s 's separation from service will be accumulated through and paid or provided on the first day of the seventh month following Employee’s 's separation from service (or, if Employee dies during such period, within thirty (30) days after Employee’s 's death) (in either case, the “"Required Delay Period”"); and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute non-exempt “deferred compensation” for purposes of Section 409A of the Code (“Non-Exempt LEGAL02/43756981v3 Deferred Compensation”) Compensation would otherwise be payable or distributable under this Agreement by reason of Employee’s Executive ‘ s separation from service during a period in which Employee Executive is a Specified Employee specified employee (as defined belowdetermined by Employer in accordance with Section 409A of the Code and Treasury Regulations 1.409A-3(i)(2)), then, subject to any permissible acceleration of payment by the Company Employer under Treas. Reg. Section 1.409A-3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes): ): (i) the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following Employee’s Executive ‘s separation from service will be accumulated through and paid or provided on the first day of the seventh month following EmployeeExecutive’s separation from service (or, if Employee Executive dies during such period, within thirty (30) 30 days after EmployeeExecutive’s death) (in either case, the “Required Delay Period”); and and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute non-exempt “deferred compensation” for purposes of Section 409A of the Code (“Non-Exempt Deferred Compensation”) Compensation would otherwise be payable or distributable under this Agreement by reason of EmployeeExecutive’s separation from service during a period in which Employee Executive is a Specified Employee specified employee (as defined belowdetermined by Employer in accordance with Section 409A of the Code and Treasury Regulations§ 1.409A-3(i)(2)), then, subject to any permissible acceleration of payment by the Company Employer under Treas. Reg. Section 1.409A-3(j)(4)(iil .409A- 3G)(4)(ii) (domestic relations order), (j)(4)(iiiG)(4)(iii) (conflicts of interest), or (j)(4)(viG)(4)(vi) (payment of employment taxes): ): (i) the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following EmployeeExecutive’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following EmployeeExecutive’s separation from service (or, if Employee Executive dies during such period, within thirty (30) 30 days after EmployeeExecutive’s death) (in LEGAL02/43756997v5 either case, the “Required Delay Period”); and and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period.