Supplemental Salary Continuation. The Company shall pay to Executive an additional amount equal to (i) if Executive has been employed continuously with the Company as of the Termination Date for less than five years, six months of Executive's base salary in effect as of the Termination Date, or (ii) if Executive has been employed continuously with the Company as of the Termination Date for five years or more, twelve months of Executive's base salary in effect as of the Termination Date. Subject to Section 12, such supplemental salary continuation shall be paid to Executive in accordance with the Company's regular payroll schedule, at the regular base salary payroll rate in effect as of the Termination Date, commencing on the first regular payroll date of the Company that occurs following the completion of all payments under Section 10(a) and continuing for six months (or twelve months as applicable if Executive has been employed continuously for five years or more). The Company and Executive intend the payments under this section 10(b) to be deferred compensation payable in compliance with the requirements of Section 409A of the Code.
Appears in 7 contracts
Samples: Employment Agreement (Buffalo Wild Wings Inc), Employment Agreement (Buffalo Wild Wings Inc), Employment Agreement (Buffalo Wild Wings Inc)
Supplemental Salary Continuation. The Company shall pay to Executive an additional amount equal to (i) if Executive has been employed continuously with the Company as of the Termination Date for less than five years, six months of Executive's ’s base salary in effect as of the Termination Date, or (ii) if Executive has been employed continuously with the Company as of the Termination Date for five years or more, twelve months of Executive's ’s base salary in effect as of the Termination Date. Subject to Section 1211, such supplemental salary continuation shall be paid to Executive in accordance with the Company's ’s regular payroll schedule, at the regular base salary payroll rate in effect as of the Termination Date, commencing on the first regular payroll date of the Company that occurs following the completion of all payments under Section 10(a9(a) and continuing for six months (or twelve months as applicable if Executive has been employed continuously for five years or more). The Company and Executive intend the payments under this section 10(bSection 9(b) to be deferred compensation payable in compliance with the requirements of Section 409A of the Code.
Appears in 5 contracts
Samples: Employment Agreement (Buffalo Wild Wings Inc), Employment Agreement (Buffalo Wild Wings Inc), Employment Agreement (Buffalo Wild Wings Inc)