Specified Employee Status. Notwithstanding anything herein to the contrary, if the Executive is deemed a specified employee, as defined under §409A(a)(2)(B)(i) of the Internal Revenue Code of 1986, as amended, as of the date of his separation from service for any reason, then the payment dates hereunder shall be adjusted so that no payment of deferred compensation hereunder that is subject to §409A may be made before the expiration of six (6) months after the date of the Executive’s separation from service, or if earlier, the Executive’s death.
Appears in 5 contracts
Samples: Employment Agreement (Indevus Pharmaceuticals Inc), Employment Agreement (Indevus Pharmaceuticals Inc), Employment Agreement (Indevus Pharmaceuticals Inc)
Specified Employee Status. Notwithstanding anything herein to the contrary, if the Executive is deemed a specified employee, as defined under §409A(a)(2)(B)(i) of the Internal Revenue Code of 1986, as amended, as of the date of his separation from service for any reason, then the payment dates hereunder shall be adjusted so that no payment of deferred compensation hereunder that is subject to §409A may be made before the expiration of six (6) months after the date of the Executive’s separation from service, or if earlier, the Executive’s death.”
Appears in 4 contracts
Samples: Employment Agreement (Indevus Pharmaceuticals Inc), Employment Agreement (Indevus Pharmaceuticals Inc), Employment Agreement (Indevus Pharmaceuticals Inc)
Specified Employee Status. Notwithstanding anything herein to the contrary, if the Executive CEO is deemed a specified employee, as defined under §409A(a)(2)(B)(i) of the Internal Revenue Code of 1986, as amended, as of the date of his separation from service for any reason, then the payment dates hereunder shall be adjusted so that no payment of deferred compensation hereunder that is subject to §409A may be made before the expiration of six (6) months after the date of the ExecutiveCEO’s separation from service, or if earlier, the ExecutiveCEO’s death.
Appears in 1 contract
Specified Employee Status. Notwithstanding anything herein to the contrary, if the Executive CEO is deemed a specified employee, as defined under §409A(a)(2)(B)(i) of the Internal Revenue Code of 1986, as amended, as of the date of his separation from service for any reason, then the payment dates hereunder shall be adjusted so that no payment of deferred compensation hereunder that is subject to §409A may be made before the expiration of six (6) months after the date of the ExecutiveCEO’s separation from service, or if earlier, the ExecutiveCEO’s death.”
Appears in 1 contract
