Common use of Specified Employee Clause in Contracts

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive is a “specified employee” (within the meaning of Treasury Regulation Section 1.409A-1(i)) on the date of the Executive’s “separation from service”, any benefit or payment that constitutes non-exempt “nonqualified deferred compensation” (within the meaning of Section 409A) and is payable on account of the Executive’s separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such delayed payment shall be paid to the Executive in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a six-month period from the date of Executive’s “separation from service,” or (ii) Executive’s death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “nonqualified deferred compensation” subject to Section 409A and the six-month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(9), or in any other applicable exception or provision of Section 409A.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive Employee is a “specified employee” (within the meaning of Treasury Regulation Section 1.409A-1(i)) on the date of the ExecutiveEmployee’s “separation from service”, any benefit or payment that constitutes non-exempt “nonqualified deferred compensation” (within the meaning of Section 409A) and is payable on account of the Executive’s separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such delayed payment shall be paid to the Executive Employee in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a the six-month period from the date of ExecutiveEmployee’s “separation from service,” or (ii) ExecutiveEmployee’s death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “nonqualified deferred compensation” subject to Section 409A and the six-month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(9), or in any other applicable exception or provision of Section 409A.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive Employee is a “specified employee” (within the meaning of Treasury Regulation Section 1.409A-1(i)) on the date of the ExecutiveEmployee’s “separation from service”, any benefit or payment that constitutes non-exempt “nonqualified deferred compensation” (within the meaning of Section 409A) and is payable on account of the ExecutiveEmployee’s separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such delayed payment shall be paid to the Executive XxXxxxxx in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a six-month period from the date of ExecutiveEmployee’s “separation from service,” or (ii) ExecutiveEmployee’s death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “nonqualified deferred compensation” subject to Section 409A and the six-month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(9), or in any other applicable exception or provision of Section 409A.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive Employee is a “specified employee” (within the meaning of Treasury Regulation Section 1.409A-1(i)) on the date of the ExecutiveEmployee’s “separation from service”, any benefit or payment that constitutes non-exempt “nonqualified deferred compensation” (within the meaning of Section 409A) and is payable on account of the ExecutiveEmployee’s separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such delayed payment shall be paid to the Executive Xx. XxXxxx in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a six-month period from the date of ExecutiveEmployee’s “separation from service,” or (ii) ExecutiveEmployee’s death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “nonqualified deferred compensation” subject to Section 409A and the six-month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(9), or in any other applicable exception or provision of Section 409A.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive is a “"specified employee” " (within the meaning of Treasury Regulation Section 1.409A-1(i)) on the date of the Executive’s “'s "separation from service”", any benefit or payment that constitutes non-exempt “"nonqualified deferred compensation” " (within the meaning of Section 409A) and is payable on account of the Executive’s 's separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such such, delayed payment shall be paid to the Executive in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a six-month period from the date of Executive’s “'s "separation from service,” " or (ii) Executive’s 's death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “"nonqualified deferred compensation” " subject to Section 409A and the six-month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(91.409A-1(b}(9), or in any other applicable exception or provision of Section 409A.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive is a “specified employee” (within the meaning of Treasury Regulation Section 1.409A-1(i)) on the date of the Executive’s “separation from service”, ,” any benefit or payment that constitutes non-exempt “nonqualified deferred compensation” (within the meaning of Section 409A) and is payable on account of the Executive’s separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such delayed payment shall be paid to the Executive in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a six-month period from the date of Executive’s “separation from service,” or (ii) Executive’s death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “nonqualified deferred compensation” subject to Section 409A and the six-month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(9), or in any other applicable exception or provision of Section 409A.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive Employee is a “specified employee” (within the meaning of Treasury Regulation Section 1.409A-1(i)) on the date of the ExecutiveEmployee’s “separation from service”, any benefit or payment that constitutes non-exempt “nonqualified deferred compensation” (within the meaning of Section 409A) and is payable on account of the ExecutiveEmployee’s separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such delayed payment shall be paid to the Executive Xx. Xxxxxxx in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a six-month period from the date of ExecutiveEmployee’s “separation from service,” or (ii) ExecutiveEmployee’s death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “nonqualified deferred compensation” subject to Section 409A and the six-month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(9), or in any other applicable exception or provision of Section 409A.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive Employee is a “specified employee” (within the meaning of Treasury Regulation Section 1.409A-1(i)) on the date of the ExecutiveEmployee’s “separation from service”, any benefit or payment that constitutes non-exempt “nonqualified deferred compensation” (within the meaning of Section 409A) and is payable on account of the ExecutiveEmployee’s separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such delayed payment shall be paid to the Executive Ms. Hand in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a six-month period from the date of ExecutiveEmployee’s “separation from service,” or (ii) ExecutiveEmployee’s death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “nonqualified deferred compensation” subject to Section 409A and the six-month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(9), or in any other applicable exception or provision of Section 409A.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive Employee is a “specified employee” (within the meaning of Treasury Regulation Section 1.409A-1(i)) on the date of the ExecutiveEmployee’s “separation from service”, any benefit or payment that constitutes non-exempt “nonqualified deferred compensation” (within the meaning of Section 409A) and is payable on account of the Executive’s separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such delayed payment shall be paid to the Executive Employee in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a six-month period from the date of ExecutiveEmployee’s “separation from service,” or (ii) ExecutiveEmployee’s death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “nonqualified deferred compensation” subject to Section 409A and the six-month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(9), or in any other applicable exception or provision of Section 409A.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive is a “"specified employee” " (within the meaning of Treasury Regulation Section 1.409A-1(i1.409A-1 (i)) on the date of the Executive’s “'s "separation from service”", any benefit or payment that constitutes non-exempt “"nonqualified deferred compensation” " (within the meaning of Section 409A) and is payable on account of the Executive’s 's separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such such, delayed payment shall be paid to the Executive in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a six-month period from the date of Executive’s “'s "separation from service,” " or (ii) Executive’s 's death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “"nonqualified deferred compensation” " subject to Section 409A and the six-month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(9), or in any other applicable exception or provision of Section 409A.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive is a “specified employee” (within the meaning of Treasury Regulation Section 1.409A-1(i)) on the date of the Executive’s “separation from service”, any benefit or payment that constitutes non-exempt “nonqualified deferred compensation” (within the meaning of Section 409A) and is payable on account of the Executive’s separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such delayed payment shall be paid to the Executive in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a six-month period from the date of Executive’s “separation from service,” or (ii) Executive’s death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “nonqualified deferred compensation” subject to Section 409A and the six-month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(9), or in any other applicable exception or provision of Section 409A.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive Employee is a “specified employee” (within the meaning of Treasury Regulation Section 1.409A-1(i)) on the date of the ExecutiveEmployee’s “separation from service”, any benefit or payment that constitutes non-exempt “nonqualified deferred compensation” (within the meaning of Section 409A) and is payable on account of the ExecutiveEmployee’s separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such delayed payment shall be paid to the Executive Xx. Xxxxxxxx in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a six-month period from the date of ExecutiveEmployee’s “separation from service,” or (ii) ExecutiveEmployee’s death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “nonqualified deferred compensation” subject to Section 409A and the six-month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(9), or in any other applicable exception or provision of Section 409A.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive Employee is a “specified employee” (within the meaning of Treasury Regulation Section 1.409A-1(i)) on the date of the ExecutiveEmployee’s “separation from service”, any benefit or payment that constitutes non-exempt “nonqualified deferred compensation” (within the meaning of Section 409A) and is payable on account of the ExecutiveEmployee’s separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such delayed payment shall be paid to the Executive Xx. XxXxxx in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a six-month period from the date of ExecutiveEmployee’s “separation from service,” or (ii) ExecutiveEmployee’s death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “nonqualified deferred compensation” subject to Section 409A and the six-six- month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(9), or in any other applicable exception or provision of Section 409A.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive is a “specified employee” (within the meaning of Treasury Regulation Section 1.409A-1(i)) on the date of the ExecutiveEmployee’s “separation from service”, any benefit or payment that constitutes non-exempt “nonqualified deferred compensation” (within the meaning of Section 409A) and is payable on account of the ExecutiveEmployee’s separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such delayed payment shall be paid to the Executive in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a six-month period from the date of ExecutiveEmployee’s “separation from service,” or (ii) Executive’s death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “nonqualified deferred compensation” subject to Section 409A and the six-month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(9), or in any other applicable exception or provision of Section 409A.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if the Executive Employee is a “specified employee” (within the meaning of Treasury Regulation Section 1.409A-1(i)) on the date of the ExecutiveEmployee’s “separation from service”, any benefit or payment that constitutes non-exempt “nonqualified deferred compensation” (within the meaning of Section 409A) and is payable on account of the ExecutiveEmployee’s separation from service shall be delayed in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i), and any such delayed payment shall be paid to the Executive Hand in a lump sum during the ten (10) day period commencing on the earlier of (i) the expiration of a six-month period from the date of ExecutiveEmployee’s “separation from service,” or (ii) ExecutiveEmployee’s death. To the greatest extent permitted under Section 409A, any separate payment or benefit under the Agreement will not be deemed to constitute “nonqualified deferred compensation” subject to Section 409A and the six-month delay requirement to the extent provided in the exceptions in Treasury Regulation Sections 1.409A-1(b)(4) or 1.409A-1(b)(9), or in any other applicable exception or provision of Section 409A.