Common use of Specified Employees Clause in Contracts

Specified Employees. Notwithstanding anything herein to the contrary (including specifically as may otherwise be set forth in Section 9(c)), if any payment or benefit provided to Executive in connection with his or her termination of employment is determined to constitute “nonqualified deferred compensation” within the meaning of Section 409A and Executive is determined to be a “specified employee” as defined in Section 409A(a)(2)(b)(i), then such payment or benefit shall not be paid until the first payroll date to occur following the six-month anniversary of the date of termination of Executive’s employment or, if earlier, on Executive’s death (the “Specified Employee Payment Date”). The aggregate of any payments that would otherwise have been paid before the Specified Employee Payment Date shall be paid to Executive in a lump sum on the Specified Employee Payment Date and thereafter, any remaining payments shall be paid without delay in accordance with their original schedule.

Specified Employees. Notwithstanding anything herein to the contrary (including specifically as may otherwise be set forth in Section 9(c))any other provision of this Agreement, if any payment or benefit provided to Executive the Employee in connection with his or her the Employee’s termination of employment is determined to constitute “nonqualified deferred compensation” within the meaning of Section 409A and Executive the Employee is determined to be a “specified employee” as defined in Section 409A(a)(2)(b)(i), then such payment or benefit shall not be paid until the first payroll date to occur following the six-month anniversary of the date of the Employee’s termination of Executive’s employment or, if earlier, on Executivethe Employee’s death (the “Specified Employee Payment Date”). The aggregate of any payments that would otherwise have been paid before the Specified Employee Payment Date shall be paid to Executive the Employee in a lump sum on the Specified Employee Payment Date and and, thereafter, any remaining payments shall be paid without delay in accordance with their original schedule.

Specified Employees. Notwithstanding anything herein to the contrary (including specifically as may otherwise be set forth in Section 9(c))any other provision of this Agreement, if any payment or benefit provided to Executive in connection with his or her Executive’s termination of employment is determined to constitute “nonqualified deferred compensation” within the meaning of Section Code §409A and Executive is determined to be a “specified employee” as defined in Section Code §409A(a)(2)(b)(i), then then, to the extent necessary to comply with Code §409A, such payment or benefit shall not be paid until the first payroll date to occur following the six-month anniversary of the date of termination of Executive’s employment termination or, if earlier, on Executive’s death (the “Specified Employee Payment Date”). The aggregate of any payments that would otherwise have been paid before the Specified Employee Payment Date shall be paid to Executive in a lump sum on the Specified Employee Payment Date and thereafter, any remaining payments shall be paid without delay in accordance with their original schedule.