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 the Executive’s separation from service during a period in which the Executive 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): (i) the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following the Executive’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following the Executive’s separation from service (or, if the Executive dies during such period, within 30 days after the Executive’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. For purposes of this Agreement, the term “Specified Employee” has the meaning given such term in Code Section 409A and the final regulations thereunder; provided, however, that the Corporation’s Specified Employees and its application of the six-month delay rule of Code Section 409A(a)(2)(B)(i) shall be determined in accordance with rules adopted by the Board or a committee thereof, which shall be applied consistently with respect to all nonqualified deferred compensation arrangements of the Corporation, 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 the ExecutiveEmployee’s separation from service during a period in which the Executive 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): ): (i) the The amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following the ExecutiveEmployee’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following the ExecutiveEmployee’s separation from service (or, if the Executive Employee dies during such period, within 30 days after the ExecutiveEmployee’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 409A of the Code Section 409A and the final regulations thereunder; provided, however, that the CorporationCompany’s Specified Employees and its application of the six-month delay rule of Code Section subsection 409A(a)(2)(B)(i) shall of the Code will be determined in accordance with rules adopted by the Board or a committee thereof, which shall will be applied consistently with respect to all nonqualified deferred compensation arrangements of the CorporationCompany, 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 the Executive’s separation from service during a period in which the Executive 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): ): (i) the The amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following the Executive’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following the Executive’s separation from service (or, if the Executive dies during such period, within 30 days after the 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 409A of the Code Section 409A and the final regulations thereunder; provided, however, that the CorporationCompany’s Specified Employees and its application of the six-month delay rule of Code Section subsection 409A(a)(2)(B)(i) shall of the Code will be determined in accordance with rules adopted by the Board or a committee thereof, which shall will be applied consistently with respect to all nonqualified deferred compensation arrangements of the CorporationCompany, 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 the Executive’s your separation from service during a period in which the Executive 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): (i) ): i. the amount of such Nonnon-Exempt Deferred Compensation exempt deferred compensation that would otherwise be payable during the six-month period immediately following the Executive’s your separation from service will be accumulated through and paid or provided on the first day of the seventh month following the Executive’s your separation from service (or, if the Executive dies you die during such period, within 30 days after the Executive’s your 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. For purposes of this AgreementAs permitted in the Final 409A Regulations, the term “Specified Employee” has the meaning given such term in Code Section 409A and the final regulations thereunder; provided, however, that the CorporationCompany’s Specified Employees and its application of the six-month delay rule of Code Section 409A(a)(2)(B)(i) of the Code shall be determined in accordance with rules adopted by the Board or a committee thereofCompany, which shall be applied consistently with respect to all nonqualified deferred compensation arrangements of the CorporationCompany, 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 the Executive’s separation from service during a period in which the Executive 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): (iA) the amount of such Nonnon-Exempt Deferred Compensation exempt deferred compensation that would otherwise be payable during the six-month period immediately following the Executive’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following the Executive’s separation from service (or, if the Executive dies during such period, within 30 days after the Executive’s death) (in either case, the “Required Delay Period”); and (iiB) the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period. For purposes of this Agreement, the term “Specified Employee” has the meaning given such term in Code Section 409A and the final regulations thereunder; : provided, however, that the CorporationCompany’s Specified Employees and its application of the six-month delay rule of Code Section 409A(a)(2)(B)(i) shall be determined in accordance with rules adopted by the Board or a committee thereof, which shall be applied consistently with respect to all nonqualified deferred compensation arrangements of the CorporationCompany, 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 the ExecutiveParticipant’s separation from service during a period in which the Executive Participant is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by Employer the Administrator under Treas. Reg. 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 the ExecutiveParticipant’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following the ExecutiveParticipant’s separation from service (or, if the Executive Participant dies during such period, within 30 days after the ExecutiveParticipant’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. For purposes of this AgreementPlan, the term “Specified Employee” has the meaning given such term in Code Section 409A and the final regulations thereunder; provided, however, that that, as permitted in such final regulations, the CorporationCompany’s Specified Employees and its application of the six-month delay rule of Code Section 409A(a)(2)(B)(i) shall be determined in accordance with rules adopted by the Board or a any committee thereofof the Board, which shall be applied consistently with respect to all nonqualified deferred compensation arrangements of the CorporationCompany, 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 Non-Exempt Deferred Compensation would otherwise be payable or distributable under this Agreement by reason of the Executive’s separation from service during a period in which the Executive he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by the 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 the Executive’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following the Executive’s separation from service (or, if the Executive dies during such period, within 30 days after the Executive’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. For purposes of this Agreement, the term “Specified Employee” has the meaning given such term in Code Section 409A and the final regulations thereunder; provided. Notwithstanding the foregoing, however, any Non-Exempt Deferred Compensation that the Corporation’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 Code Section 409A(a)(2)(B)(i(i) shall be determined in accordance with rules adopted by 18 months following the Board date of this Amendment, or a committee thereof, which shall be applied consistently with respect to all nonqualified deferred compensation arrangements (ii) six months following the date of the Corporation, 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 the Executive’s your separation from service during a period in which the Executive is you are a Specified Employee (as defined below), 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): (i) the amount of such Nonnon-Exempt Deferred Compensation exempt deferred compensation that would otherwise be payable during the six-month period immediately following the Executive’s your separation from service will be accumulated through and paid or provided on the first day of the seventh month following the Executive’s your separation from service (or, if the Executive dies you die during such period, within 30 days after the Executive’s your 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. For purposes of this Agreement, the term “Specified Employee” has the meaning given such term in Code Section 409A and the final regulations thereunder; : provided, however, that the CorporationCompany’s Specified Employees and its application of the six-six- month delay rule of Code Section 409A(a)(2)(B)(i) shall be determined in accordance with rules adopted by the Board or a committee thereof, which shall be applied consistently with respect to all nonqualified deferred compensation arrangements of the CorporationCompany, 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 the Executive’s your separation from service during a period in which the Executive 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): (i) ): i. the amount of such Nonnon-Exempt Deferred Compensation exempt deferred compensation that would otherwise be payable during the six-month period immediately following the Executive’s your separation from service will be accumulated through and paid or provided on the first day of the seventh month following the Executive’s your separation from service (or, if the Executive dies you die during such period, within 30 days after the Executive’s your 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. For purposes of this AgreementAs permitted in the Final 409A Regulations, the term “Specified Employee” has the meaning given such term in Code Section 409A and the final regulations thereunder; provided, however, that the CorporationCompany’s Specified Employees and its application of the six-month delay rule of Code Section 409A(a)(2)(B)(i) of the Code shall be determined in accordance with rules adopted by the Board or a committee thereofCompany, which shall be applied consistently with respect to all nonqualified deferred compensation arrangements of the CorporationCompany, including this Agreement.