Common use of Six-Month Waiting Period for Distributions Upon Separation From Service Clause in Contracts

Six-Month Waiting Period for Distributions Upon Separation From Service. To the extent required by Section 409A of the Internal Revenue Code of 1986 (as amended) (the “Code”), amounts that would otherwise be payable under this Section 4 during the six-month period immediately following the Employee’s termination, shall instead be paid on the first business day after the expiration of such six-month period, plus interest thereon, at a rate equal to the applicable Federal short-term rate (as defined in Section 1274(d) of the Code) for the month in which such date of termination occurs from the respective dates on which such amounts would otherwise have been paid until the actual date of payment. In no event will any severance payments be made hereunder, unless the relevant termination of employment constitutes “separation from service” under Section 409A.

Appears in 4 contracts

Samples: Employment Agreement (Digital Angel Corp), Employment Agreement (Digital Angel Corp), Employment Agreement (Applied Digital Solutions Inc)

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Six-Month Waiting Period for Distributions Upon Separation From Service. To the extent required by Section 409A of the Internal Revenue Code of 1986 (as amended) (the “Code”), amounts that would otherwise be payable under this Section 4 during the six-month period immediately following the Employee’s termination, shall instead be paid on the first business day after the expiration of such six-month period, plus interest thereon, at a rate equal to the applicable Federal short-term rate (as defined in Section 1274(d) of the Code) for the month in which such date of termination occurs from the respective dates on which such amounts would otherwise have been paid until the actual date of payment. In no event will any severance termination payments be made hereunder, unless the relevant termination of employment constitutes “separation from service” under Section 409A.

Appears in 3 contracts

Samples: Employment Agreement (Veriteq), Employment Agreement (Veriteq), Employment Agreement (Digital Angel Corp)

Six-Month Waiting Period for Distributions Upon Separation From Service. To the extent required by Section 409A of the Internal Revenue Code of 1986 (as amended) (the “Code”), amounts that would otherwise be payable under this Section 4 during the six-month period immediately following the Employee’s termination, shall instead be paid on the first business day after the expiration of such six-month period, plus interest thereon, at a rate equal to the applicable Federal short-term rate (as defined in Section 1274(d) of the Code) for the month in which such date of termination occurs from the respective dates on which such amounts would otherwise have been paid until the actual date of payment. In no event will any severance termination or Change of Control payments be made hereunder, unless the relevant termination of employment constitutes “separation from service” under Section 409A.

Appears in 2 contracts

Samples: Employment Agreement (Veriteq), Employment Agreement (Digital Angel Corp)

Six-Month Waiting Period for Distributions Upon Separation From Service. To the extent required by Section 409A of the Internal Revenue Code Code, any payment of 1986 (as amended) (the “Code”), amounts Shares that would otherwise be payable under this Section 4 Agreement during the six-month period immediately following the EmployeeExecutive’s terminationtermination of Employment, shall instead be paid on the first business day after the expiration of such six-month period, plus interest thereon, at a rate equal to the applicable Federal short-term rate (as defined in Section 1274(d) of the Code) for the month in which such date of termination occurs from the respective dates on which such amounts would otherwise have been paid until the actual date of payment. In no event will any severance payments payment of shares be made hereunder, unless the relevant termination of employment Employment constitutes a “separation from service” under Section 409A.

Appears in 2 contracts

Samples: Agreement (Freescale Semiconductor Holdings I, Ltd.), Restricted Stock Unit Award Agreement (Freescale Semiconductor Holdings I, Ltd.)

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Six-Month Waiting Period for Distributions Upon Separation From Service. To the extent required by Section 409A of the Internal Revenue Code of 1986 (as amended) (the "Code"), amounts that would otherwise be payable under this Section 4 during the six-month period immediately following the Employee’s 's termination, shall instead be paid on the first business day after the expiration of such six-month period, plus interest thereon, at a rate equal to the applicable Federal short-term rate (as defined in Section 1274(d) of the Code) for the month in which such date of termination occurs from the respective dates on which such amounts would otherwise have been paid until the actual date of payment. In no event will any severance payments be made hereunder, unless the relevant termination of employment constitutes "separation from service" under Section 409A.

Appears in 1 contract

Samples: Employment Agreement (Digital Angel Corp)

Six-Month Waiting Period for Distributions Upon Separation From Service. To the extent required by Section 409A of the Internal Revenue Code of 1986 (as amended) (the “Code”), amounts any payment that would otherwise be payable under this Section 4 Agreement during the six-month period immediately following the EmployeeExecutive’s terminationtermination of Employment, shall instead be paid on the first business day after the expiration of such six-month period, plus interest thereon, at a rate equal to the applicable Federal short-term rate (as defined in Section 1274(d) of the Code) for the month in which such date of termination occurs from the respective dates on which such amounts would otherwise have been paid until the actual date of payment. In no event will any severance payments payment be made hereunder, unless the relevant termination of employment Employment constitutes a “separation from service” under Section 409A.

Appears in 1 contract

Samples: Deferred Compensation Agreement (Freescale Semiconductor Holdings I, Ltd.)

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