Termination as a Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits subject to Section 409A upon or following a termination of employment until such termination is also a “separation from service” within the meaning of Section 409A and for purposes of any such provision of this Agreement, references to a “resignation,” “termination,” “terminate,” “termination of employment” or like terms shall mean separation from service.
Termination as a Separation from Service. If the Executive is entitled to payment pursuant to Section 2(a)(i), (ii) or (iv) or the last sentence of Section 2(a) of this Agreement but has not experienced a “separation from service” within the meaning of Section 409A of the Code, the payments will not begin, subject to Section 2(i), until the later of (i) the payment date identified in Section 2(b) or (ii) the date first to occur of the Executive’s “separation from service” within the meaning of Section 409A of the Code, a “change of control” of the Company within the meaning of Section 409A of the Code, the Executive’s “disability” within the meaning of Section 409A of the Code or the Executive’s death.
Termination as a Separation from Service. For purposes of Section 2 of this Agreement, references to a resignation of employment or termination of employment, respectively, shall be deemed to refer to a “separation from service” within the meaning of Section 409A of the Code with respect to amounts that constitute nonqualified deferred compensation within the meaning of Section 409A of the Code.
