Six-Month Wait for Key Employees Following Separation from Service. To the extent that any amount payable under this Agreement constitutes an amount payable under a "nonqualified deferred compensation plan," as defined in Internal Revenue Code Section 409A ("Section 409A"), following a "separation from service," as defined in Section 409A, then, notwithstanding any other provision in this Agreement to the contrary, such payment will not be made until the date that is six months following the Employee's "separation from service," but only if the Employee is then deemed to be a "specified employee" under Section 409A.
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Samples: Employment Agreement (Rexahn Pharmaceuticals, Inc.), Employment Agreement (Rexahn Pharmaceuticals, Inc.), Employment Agreement (Rexahn Pharmaceuticals, Inc.)
Six-Month Wait for Key Employees Following Separation from Service. To the extent that any amount payable under this Agreement constitutes an amount payable under a "“nonqualified deferred compensation plan," ” as defined in Internal Revenue Code Section 409A ("“Section 409A"”), following a "“separation from service," ” as defined in Section 409A, then, notwithstanding any other provision in this Agreement to the contrary, such payment will not be made until the date that is six months following the Employee's "’s “separation from service," ” but only if the Employee is then deemed to be a "“specified employee" ” under Section 409A.
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Six-Month Wait for Key Employees Following Separation from Service. To the extent that any amount payable under this Agreement constitutes an amount payable under a "nonqualified deferred compensation plan," as defined in Internal Revenue Code Section 409A ("Section 409A"), following a "separation from service," as defined in Section 409A, then, notwithstanding any other provision in this Agreement to the contrary, such payment will not be made until the date that is six (6) months following after the Employee's "separation from service," but only if the Employee is then deemed to be a "specified employee" under Section 409A.409A pursuant to procedures elected by the Company to the extent that it elects not to rely upon Section 409A's default provisions for determining "specified employees".
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Samples: Employment Agreement (Rexahn Pharmaceuticals, Inc.)