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 would otherwise be payable or distributable under this Agreement by reason of Employee’s separation from service during a period in which he or she is a Specified Employee (as defined in subsection 7.O(3)(iii)), then, subject to any permissible acceleration of payment by the Company under 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): (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 30 days after Employee’s death) (in either case, the “Required Delay Period”). (ii) The normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period. (iii) For purposes of this Agreement, the term “Specified Employee” has the meaning given such term in section 409A of the Code and the final regulations thereunder; provided, however, that the Company’s Specified Employees and its application of the six-month delay rule of subsection 409A(a)(2)(B)(i) of the Code will be determined in accordance with rules adopted by the Board or a committee thereof, which will be applied consistently with respect to all nonqualified deferred compensation arrangements of the Company, including this Agreement.

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 would otherwise be payable or distributable under this Agreement by reason of Employeethe Executive’s separation from service during a period in which he or she the Executive is a Specified Employee (as defined in subsection 7.O(3)(iii)below), then, subject to any permissible acceleration of payment by the Company Employer under Treasury Regulations section 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 the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following Employeethe Executive’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following Employeethe Executive’s separation from service (or, if Employee the Executive dies during such period, within 30 days after Employeethe Executive’s death) (in either case, the “Required Delay Period”). ; and (ii) The the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period. (iii) . For purposes of this Agreement, the term “Specified Employee” has the meaning given such term in section Code Section 409A of the Code and the final regulations thereunder; provided, however, that the CompanyCorporation’s Specified Employees and its application of the six-month delay rule of subsection Code Section 409A(a)(2)(B)(i) of the Code will shall be determined in accordance with rules adopted by the Board or a committee thereof, which will shall be applied consistently with respect to all nonqualified deferred compensation arrangements of the CompanyCorporation, including this Agreement.

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 would otherwise be payable or distributable under this Agreement by reason of EmployeeExecutive’s separation from service during a period in which he or she is a Specified Employee (as defined in subsection 7.O(3)(iii6.O(3)(iii)), then, subject to any permissible acceleration of payment by the Company under 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): (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 30 days after EmployeeExecutive’s death) (in either case, the “Required Delay Period”). (ii) The normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period. (iii) For purposes of this Agreement, the term “Specified Employee” has the meaning given such term in section 409A of the Code and the final regulations thereunder; provided, however, that the Company’s Specified Employees and its application of the six-month delay rule of subsection 409A(a)(2)(B)(i) of the Code will be determined in accordance with rules adopted by the Board or a committee thereof, which will be applied consistently with respect to all nonqualified deferred compensation arrangements of the Company, including this Agreement.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this the Plan or in any Award Agreement to the contrary, if any amount or benefit that would constitute Non-Exempt Deferred Compensation would otherwise be payable or distributable under this Plan or any Award Agreement by reason of Employeethe Participant’s separation from service during a period in which he or she the Participant is a Specified Employee (as defined in subsection 7.O(3)(iii)below), then, subject to any permissible acceleration of payment by the Company Administrator under Treasury Regulations section 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 the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following Employeethe Participant’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following Employeethe Participant’s separation from service (or, if Employee the Participant dies during such period, within 30 days after Employeethe Participant’s death) (in either case, the “Required Delay Period”). ; and (ii) The the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period. (iii) . For purposes of this AgreementPlan, the term “Specified Employee” has the meaning given such term in section Code Section 409A of the Code and the final regulations thereunder; provided, however, that that, as permitted in such final regulations, the Company’s Specified Employees and its application of the six-month delay rule of subsection Code Section 409A(a)(2)(B)(i) of the Code will shall be determined in accordance with rules adopted by the Board or a any committee thereofof the Board, which will shall be applied consistently with respect to all nonqualified deferred compensation arrangements of the Company, including this AgreementPlan.

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 exempt “deferred compensation” for purposes of Section 409A of the Code would otherwise be payable or distributable under this Agreement by reason of Employee’s your separation from service during a period in which he or she is you are a Specified Employee (as defined in subsection 7.O(3)(iii))Employee, then, subject to any permissible acceleration of payment by the Company under Treasury Regulations section 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 i. the amount of such Nonnon-Exempt Deferred Compensation exempt deferred compensation that would otherwise be payable during the six-month period immediately following Employee’s your separation from service will be accumulated through and paid or provided on the first day of the seventh month following Employee’s your separation from service (or, if Employee dies you die during such period, within 30 days after Employee’s your death) (in either case, the “Required Delay Period”). (; and ii) The . the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period. (iii) For purposes of this Agreement. As permitted in the Final 409A Regulations, the term “Specified Employee” has the meaning given such term in section 409A of the Code and the final regulations thereunder; provided, however, that the Company’s Specified Employees and its application of the six-month delay rule of subsection Section 409A(a)(2)(B)(i) of the Code will shall be determined in accordance with rules adopted by the Board or a committee thereofCompany, which will shall be applied consistently with respect to all nonqualified deferred compensation arrangements of the Company, including this Agreement.

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 would otherwise be payable or distributable under this Agreement by reason of Employeethe Executive’s separation from service during a period in which he or she is a Specified Employee (as defined in subsection 7.O(3)(iii)below), then, subject to any permissible acceleration of payment by the Company Employer under Treasury Regulations section 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 the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following Employeethe Executive’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following Employeethe Executive’s separation from service (or, if Employee the Executive dies during such period, within 30 days after Employeethe Executive’s death) (in either case, the “Required Delay Period”). ; and (ii) The the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period. (iii) . For purposes of this Agreement, the term “Specified Employee” has the meaning given such term in section Code Section 409A of the Code and the final regulations thereunder; provided. Notwithstanding the foregoing, however, any Non-Exempt Deferred Compensation that the Company’s Specified Employees and its application would otherwise be payable or distributable under this Agreement by reason of the six-month delay rule Executive’s separation from service during a period in which he is a Specified Employee shall not be paid before the later of subsection 409A(a)(2)(B)(i(i) 18 months following the date of this Amendment, or (ii) six months following the date of the Code will be determined in accordance with rules adopted by the Board or a committee thereof, which will be applied consistently with respect to all nonqualified deferred compensation arrangements of the Company, including this AgreementExecutive’s separation from service.

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 exempt “deferred compensation” for purposes of Section 409A of the Code would otherwise be payable or distributable under this Agreement by reason of Employee’s your separation from service during a period in which he or she is you are a Specified Employee (as defined in subsection 7.O(3)(iii))Employee, then, subject to any permissible acceleration of payment by the Company under Treasury Regulations section 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 i. the amount of such Nonnon-Exempt Deferred Compensation exempt deferred compensation that would otherwise be payable during the six-month period immediately following Employee’s your separation from service will be accumulated through and paid or provided on the first day of the seventh month following Employee’s your separation from service (or, if Employee dies you die during such period, within 30 days after Employee’s your death) (in either case, the “Required Delay Period”).; and (ii) The . the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period. (iii) For purposes of this Agreement. As permitted in the Final 409A Regulations, the term “Specified Employee” has the meaning given such term in section 409A of the Code and the final regulations thereunder; provided, however, that the Company’s Specified Employees and its application of the six-month delay rule of subsection Section 409A(a)(2)(B)(i) of the Code will shall be determined in accordance with rules adopted by the Board or a committee thereofCompany, which will shall be applied consistently with respect to all nonqualified deferred compensation arrangements of the Company, including this Agreement.

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 exempt “deferred compensation” for purposes of Section 409A of the Code would otherwise be payable or distributable under this Agreement by reason of Employee’s your separation from service during a period in which he or she is you are a Specified Employee (as defined in subsection 7.O(3)(iii)below), then, subject to any permissible acceleration of payment by the Company under Treasury Regulations section 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 the amount of such Nonnon-Exempt Deferred Compensation exempt deferred compensation that would otherwise be payable during the six-month period immediately following Employee’s your separation from service will be accumulated through and paid or provided on the first day of the seventh month following Employee’s your separation from service (or, if Employee dies you die during such period, within 30 days after Employee’s your death) (in either case, the “Required Delay Period”). ; and (ii) The the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period. (iii) . For purposes of this Agreement, the term “Specified Employee” has the meaning given such term in section Code Section 409A of the Code and the final regulations thereunder; : provided, however, that the Company’s Specified Employees and its application of the six-six- month delay rule of subsection Code Section 409A(a)(2)(B)(i) of the Code will shall be determined in accordance with rules adopted by the Board or a committee thereof, which will shall be applied consistently with respect to all nonqualified deferred compensation arrangements of the Company, including this Agreement.

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 exempt “deferred compensation” for purposes of Section 409A of the Code would otherwise be payable or distributable under this Agreement by reason of EmployeeExecutive’s separation from service during a period in which he or she is a Specified Employee (as defined in subsection 7.O(3)(iii)below), then, subject to any permissible acceleration of payment by the Company under Treasury Regulations section 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): ): (iA) The the amount of such Nonnon-Exempt Deferred Compensation 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 30 days after EmployeeExecutive’s death) (in either case, the “Required Delay Period”). ; and (iiB) The the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period. (iii) . For purposes of this Agreement, the term “Specified Employee” has the meaning given such term in section Code Section 409A of the Code and the final regulations thereunder; : provided, however, that the Company’s Specified Employees and its application of the six-month delay rule of subsection Code Section 409A(a)(2)(B)(i) of the Code will shall be determined in accordance with rules adopted by the Board or a committee thereof, which will shall be applied consistently with respect to all nonqualified deferred compensation arrangements of the Company, including this Agreement.