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 would otherwise be payable or distributable under this Agreement by reason of Executive’s Separation from Service during a period in which he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by 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):
Appears in 12 contracts
Samples: Employment Agreement (Graphic Packaging Holding Co), Employment Agreement (Graphic Packaging Holding Co), Employment Agreement (Graphic Packaging Holding Co)
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 would otherwise be payable or distributable under this Agreement by reason of Executive’s Separation separation from Service service during a period in which he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by Employer 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 9 contracts
Samples: Employment Agreement (Keryx Biopharmaceuticals Inc), Employment Agreement (Keryx Biopharmaceuticals Inc), Employment Agreement (Keryx Biopharmaceuticals Inc)
Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute nonNon-exempt “deferred compensation” for purposes of Section 409A of the Code Exempt Deferred Compensation would otherwise be payable or distributable under this Agreement by reason of Executive’s Separation separation from Service service during a period in which he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by Employer 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 7 contracts
Samples: Change in Control Agreement (Genuine Parts Co), Employment Agreement (Pathology Solutions, LLC), Employment Agreement (Aurora Diagnostics, 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 would otherwise be payable or distributable under this Agreement by reason of Executive’s Separation your separation from Service service during a period in which he is you are a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by Employer 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: Control Agreement (International Paper Co /New/), Control Agreement (International Paper Co /New/), Change of Control Agreement (International Paper Co /New/)
Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute nonNon-exempt “deferred compensation” for purposes of Section 409A of the Code Exempt Deferred Compensation would otherwise be payable or distributable under this Agreement by reason of ExecutiveEmployee’s Separation separation from Service service during a period in which he or she is a Specified Employee (as defined belowin subsection 7.O(3)(iii)), then, subject to any permissible acceleration of payment by Employer the Company under Treas. Reg. Section Treasury Regulations 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 3 contracts
Samples: Employment Termination Benefits Agreement (Zix Corp), Employment Termination Benefits Agreement (Zix Corp), Employment Termination Benefits Agreement (Zix Corp)
Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute nonNon-exempt “deferred compensation” for purposes of Section 409A of the Code Exempt Deferred Compensation would otherwise be payable or distributable under this Agreement by reason of the Executive’s Separation separation from Service service during a period in which he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by Employer the Corporation 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 3 contracts
Samples: Employment Agreement (Seacoast Banking Corp of Florida), Employment Agreement (Seacoast Banking Corp of Florida), Employment Agreement (Seacoast Banking Corp of Florida)
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 would otherwise be payable or distributable under this Agreement by reason of Executive’s Separation from Service during a period in which he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by Employer 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 3 contracts
Samples: Change in Control Agreement (Journal Communications Inc), Change in Control Agreement (Journal Communications Inc), Change in Control Agreement (Journal Communications 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 Code Section 409A of the Code would otherwise be payable or distributable under this Agreement by reason of Executive’s Separation from Service during a period in which he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by 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):
Appears in 3 contracts
Samples: Employment Agreement (Graphic Packaging Holding Co), Employment Agreement (Graphic Packaging Holding Co), Employment Agreement (Graphic Packaging Holding Co)
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 Code Section 409A of the Code would otherwise be payable or distributable under this Agreement by reason of Executive’s 's Separation from Service during a period in which he or she is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by 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):
Appears in 2 contracts
Samples: Employment Agreement (Graphic Packaging Holding Co), Executive Employment Agreement (Graphic Packaging Holding Co)
Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute nonNon-exempt “deferred compensation” for purposes of Section 409A of the Code Exempt Deferred Compensation would otherwise be payable or distributable under this Agreement by reason of Executive’s Separation separation from Service service during a period in which he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by Employer the Bank 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 (Southside Bancshares Inc), Employment Agreement (Southside Bancshares 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 would otherwise be payable or distributable under this Agreement by reason of Executive’s Separation from Service during a period in which he she is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by Employer 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: Change in Control Agreement (Journal Communications Inc), Change in Control Agreement (Journal Communications Inc)
Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute nonNon-exempt “deferred compensation” for purposes of Section 409A of the Code Exempt Deferred Compensation would otherwise be payable or distributable under this Agreement by reason of Executive’s Separation separation from Service service during a period in which he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by Employer the Corporation 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 (Seacoast Banking Corp of Florida), Employment Agreement (Seacoast Banking Corp of Florida)
Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute nonNon-exempt “deferred compensation” for purposes of Section 409A of the Code Exempt Deferred Compensation would otherwise be payable or distributable under this Agreement by reason of Executive’s Separation separation from Service service during a period in which he is a Specified Employee “specified employee” (as defined belowCode Section 409A and the final regulations thereunder), then, subject to any permissible acceleration of payment by Employer 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 (Superior Industries International Inc), Employment Agreement (Superior Industries International Inc)
Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute nonNon-exempt “deferred compensation” for purposes of Section 409A of the Code Exempt Deferred Compensation would otherwise be payable or distributable under this Agreement by reason of Executive’s Separation separation from Service service during a period in which he or she is a Specified Employee (as defined belowin subsection 6.O(3)(iii)), then, subject to any permissible acceleration of payment by Employer the Company under Treas. Reg. Section Treasury Regulations 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 Termination Benefits Agreement (Zix Corp), Employment Termination Benefits Agreement (Zix 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 would otherwise be payable or distributable under this Agreement by reason of the Executive’s Separation separation from Service service during a period in which he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by Employer 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: Severance Agreement (Sally Beauty Holdings, Inc.), Severance Agreement (Sally Beauty Holdings, 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 would otherwise be payable or distributable under this Agreement by reason of the Executive’s Separation separation from Service service during a period in which he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by Employer SBH 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: Termination Agreement (Sally Beauty Holdings, 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 would otherwise be payable or distributable under this Agreement by reason of the Executive’s Separation separation from Service service during a period in which he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by Employer 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: Executive Employment Agreement (Searchmedia Holdings LTD)
Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute nonNon-exempt “deferred compensation” for purposes of Section 409A of the Code Exempt Deferred Compensation would otherwise be payable or distributable under this Agreement by reason of Executive’s Separation 's separation from Service service during a period in which he is a Specified Employee “specified employee” (as defined belowCode Section 409A and the final regulations thereunder), then, subject to any permissible acceleration of payment by Employer Company under Exhibit 10.23 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 (Superior Industries International 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 would otherwise be payable or distributable under this Agreement by reason of Executive’s 's Separation from Service during a period in which he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by 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):
Appears in 1 contract
Samples: Employment Agreement (Graphic Packaging Holding Co)
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 would otherwise be payable or distributable under this Agreement by reason of Executive’s Separation your separation from Service service during a period in which he is you are a Specified Employee (as defined below)Employee, then, subject to any permissible acceleration of payment by Employer 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
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 would otherwise be payable or distributable under this Agreement by reason of Executive’s Separation separation from Service service during a period in which he she is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by Employer 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 (Keryx Biopharmaceuticals Inc)