Common use of Specified Employee Determination Clause in Contracts

Specified Employee Determination. Notwithstanding any provision herein to the contrary, in the event that Executive is determined to be a specified employee within the meaning of Code Section 409A under the default provisions established thereunder, for purposes of any payment on termination of employment under this Agreement, payment(s) shall be made or begin, as applicable, on the first payroll date which is more than six months following the date of separation from service (or, if earlier, upon Executive’s death), to the extent required to avoid any adverse tax consequences under Code Section 409A.

Specified Employee Determination. Notwithstanding any provision anything herein to the contrary, in the event that the Executive is determined to be a specified employee within the meaning of Code in accordance with Section 409A under of the default provisions established thereunder, Code and the regulations and other guidance issued thereunder for purposes of any payment on termination of employment under this Agreementhereunder, payment(s) shall be made or begin, as applicable, applicable on the first payroll date which is more than six months following the date of separation from service (or, if earlier, upon Executive’s death)service, to the extent required to avoid any the adverse tax consequences under Code Section 409A.409A of the Code.

Specified Employee Determination. Notwithstanding any provision anything herein to the contrary, in the event that Executive is determined to be a specified employee within the meaning of Code in accordance with Section 409A under of the default provisions established thereunder, Code and the regulations and other guidance issued thereunder for purposes of any payment on termination of employment under this Agreementhereunder, payment(s) shall be made or begin, as applicable, applicable on the first payroll date which is more than six months following the date of separation from service (or, if earlier, upon Executive’s death)service, to the extent required to avoid any the adverse tax consequences under Section 409A of the Code (“Section 409A.409A”).