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):
Appears in 49 contracts
Samples: Agreement and Release (EQT Corp), Agreement and Release (EQT Corp), Agreement and Release (EQT Corp)
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):
Appears in 5 contracts
Samples: Employment Agreement (Popeyes Louisiana Kitchen, Inc.), Employment Agreement (Popeyes Louisiana Kitchen, Inc.), Employment Agreement (Popeyes Louisiana Kitchen, Inc.)
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):
Appears in 4 contracts
Samples: Non Competition Agreement (Equitrans Midstream Corp), Non Competition Agreement (Equitrans Midstream Corp), Non Solicitation And (Equitrans Midstream Corp)
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):
Appears in 4 contracts
Samples: Change of Control Agreement (Equitrans Midstream Corp), Change of Control Agreement (EQM Midstream Partners, LP), Change of Control Agreement (Equitrans Midstream Corp)
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):
Appears in 2 contracts
Samples: And Non Competition Agreement (EQM Midstream Partners, LP), And Non Competition Agreement (Equitrans Midstream Corp)
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):
Appears in 2 contracts
Samples: Employment Agreement (Popeyes Louisiana Kitchen, Inc.), Employment Agreement (Popeyes Louisiana Kitchen, Inc.)
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):
Appears in 1 contract
Samples: Transition Agreement and General Release (Equitrans Midstream Corp)
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):
Appears in 1 contract
Samples: Employment Agreement (Popeyes Louisiana Kitchen, Inc.)