Common use of Timing of Certain Payments Under Section 5 Clause in Contracts

Timing of Certain Payments Under Section 5. Payments pursuant to Sections 5(c)(ii) or 5(e)(ii) of this Agreement, if any, shall be payable in equal installments in accordance with the Company’s standard payroll practices over a period of twelve (12) months following the date of termination; provided, however, that if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payments shall be made as follows: (1) no payments shall be made for a six-month period following the date of termination, (2) an amount equal to the aggregate sum that would have been otherwise payable during the initial six-month period shall be paid in a lump sum six months following the date of termination, and (3) during the period beginning six months following the date of termination through the remainder of the twelve-month period, payment of the remaining amount due shall be payable in equal installments in accordance with the Company’s standard payroll practices. If the lump sum amounts described in Section 5(f) of this Agreement become payable, Executive shall receive payment within thirty (30) days of termination; provided, however, that if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payment shall instead be made in a lump sum six months following the date of termination. In addition, notwithstanding any other provision with respect to the timing of payments under this Agreement, including pursuant to Sections 5(c)(iii) or 5(e)(iv) of this Agreement, if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payments shall instead be made in a lump sum six months following the date of termination.

Timing of Certain Payments Under Section 5. Payments pursuant to Sections 5(c)(ii) or 5(e)(ii) of this Agreement, if any, shall be payable in equal installments in accordance with the Company’s standard payroll practices over a period of twelve (12) months following the date of termination; provided, however, that if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payments shall be made as follows: (1) no payments shall be made for a six-month period following the date of termination, (2) an amount equal to the aggregate sum that would have been otherwise payable during the initial six-month period shall be paid in a lump sum six months following the date of termination, and (3) during the period beginning six months following the date of termination through the remainder of the twelve-month period, payment of the remaining amount due shall be payable in equal installments in accordance with the Company’s standard payroll practices. If the lump sum amounts described in Section 5(f) of this Agreement become payable, Executive shall receive payment within thirty (30) days of termination; provided, however, that if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payment shall instead be made in a lump sum six months following the date of termination. In addition, notwithstanding any other provision with respect to the timing of payments under this Agreement, including pursuant to Sections 5(c)(iii) or 5(e)(iv) of this Agreement, if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payments amounts payable following termination of employment in a lump sum, including pursuant to Sections 5(c)(iii), 5(e)(iv) and 5(e)(vi) of this Agreement, shall instead be made in a lump sum paid six months following the date of termination.

Timing of Certain Payments Under Section 5. Payments pursuant to Sections 5(c)(ii) or 5(e)(ii) of this Agreement, if any, shall be payable in equal installments in accordance with the Company’s standard payroll practices over a period of twelve (12) months following the date of terminationtermination (subject to such deductions or amounts to be withheld as required by applicable law and regulations); provided, however, that if and to the extent necessary to comply with prevent any acceleration or additional tax under Section 409A of the Code, and applicable administrative guidance and regulations409A, such payments shall be made as follows: (1i) no payments shall be made for a six-month period following the date of terminationEmployee’s separation of service (as defined in Section 409A(a)(2)(B)(i) of the Code) with the Company, (2ii) an amount equal to the aggregate sum that would have been otherwise payable during the initial six-month period shall be paid in a lump sum six (6) months following the date of terminationEmployee’s separation of service with the Company (subject to such deductions or amounts to be withheld as required by applicable law and regulations), and (3iii) during the period beginning six (6) months following Employee’s separation of service with the date of termination Company through the remainder of the twelve-month period, payment of the remaining amount due shall be payable in equal installments in accordance with the Company’s standard payroll practices. If the lump sum practices (subject to such deductions or amounts described in Section 5(f) of this Agreement become payable, Executive shall receive payment within thirty (30) days of termination; provided, however, that if necessary to comply with Section 409A of the Code, and be withheld as required by applicable administrative guidance law and regulations, such payment shall instead be made in a lump sum six months following the date of termination). In addition, notwithstanding any other provision with respect to the timing of payments under this Agreement, if and to the extent necessary to comply with Section 409A, amounts payable following termination of employment in a lump sum, including pursuant to Sections 5(c)(iii) or 5(e)(ivand 5(e)(iii) of this Agreement, if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payments shall instead be made in a lump sum paid six (6) months following the date of terminationEmployee’s separation of service (subject to such deductions or amounts to be withheld as required by applicable law and regulations).

Timing of Certain Payments Under Section 5. Payments pursuant to Sections 5(c)(ii) or 5(e)(ii) of this Agreement, if any, shall be payable in equal installments in accordance with the Company’s standard payroll practices over a period of twelve (12) months following the date of termination; provided, however, that if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payments shall be made as follows: (1) no payments shall be made for a six-month period following the date of termination, (2) an amount equal to the aggregate sum that would have been otherwise payable during the initial six-month period shall be paid in a lump sum six months following the date of termination, and (3) during the period beginning six months following the date of termination through the remainder of the twelve-month period, payment of the remaining amount due shall be payable in equal installments in accordance with the Company’s standard payroll practices. If the lump sum amounts described in Section 5(f) of this Agreement become payable, Executive shall receive payment within thirty (30) days of termination; provided, however, that if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payment shall instead be made in a lump sum six months following the date of termination. In addition, notwithstanding any other provision with respect to the timing of payments under this Agreement, including pursuant to Sections 5(c)(iii) or 5(e)(iv) of this Agreement, if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payments shall instead be made in a lump sum six months following the date of termination.of

Timing of Certain Payments Under Section 5. Payments pursuant to Sections 5(c)(ii) or 5(e)(ii) of this Agreement, if any, shall be payable in equal installments in accordance with the Company’s standard payroll practices over a period of twelve (12) months following the date of termination; provided, however, that if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payments shall be made as follows: (1) no payments shall be made for a six-month period following the date of termination, (2) an amount equal to the aggregate sum that would have been otherwise payable during the initial six-month period shall be paid in a lump sum six months following the date of termination, and (3) during the period beginning six months following the date of termination through the remainder of the twelve-month period, payment of the remaining amount due shall be payable in equal installments in accordance with the Company’s standard payroll practices. If the lump sum amounts described in Section 5(f) of this Agreement become payable, Executive shall receive payment within thirty (30) days of termination; provided, however, that if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payment shall instead be made in a lump sum six months following the date of termination. In addition, notwithstanding any other provision with respect to the timing of payments under this Agreement, including pursuant to Sections 5(c)(iii) or 5(e)(iv) of this Agreement, if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payments amounts payable following termination of employment in a lump sum, including pursuant to Sections 5(c)(iii) and 5(e)(iii) of this Agreement, shall instead be made in a lump sum paid six months following the date of termination.

Timing of Certain Payments Under Section 5. Payments pursuant to Sections 5(c)(ii) or 5(e)(ii) of this Agreement, if any, shall be payable in equal installments in accordance with the Company’s standard payroll practices over a period of twelve (12) months following the date of termination; provided, however, that if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payments shall be made as follows: (1) no payments shall be made for a six-month period following the date of termination, (2) an amount equal to the aggregate sum that would have been otherwise payable during the initial six-month period shall be paid in a lump sum six months following the date of termination, and (3) during the period beginning six months following the date of termination through the remainder of the twelve-month period, payment of the remaining amount due shall be payable in equal installments in accordance with the Company’s standard payroll practices. If the lump sum amounts described in Section 5(f) of this Agreement become payable, Executive shall receive payment within thirty (30) days of termination; provided, however, that if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payment shall instead be made in a lump sum six months following the date of termination. In addition, notwithstanding any other provision with respect to the timing of payments under this Agreement, including pursuant to Sections 5(c)(iii) or 5(e)(iv) of this Agreement, if necessary to comply with Section 409A of the Code, and applicable administrative guidance and regulations, such payments amounts payable following termination of employment in a lump sum, including pursuant to Sections 5(c)(iii) and 5(e)(iv) of this Agreement, shall instead be made in a lump sum paid six months following the date of termination.

Timing of Certain Payments Under Section 5. Payments pursuant to Sections 5(c)(ii) or ), 5(e)(ii) of this Agreementand 5(f), if any, shall be payable in equal installments in accordance with the Company’s standard payroll practices over a the applicable period of twelve (12) months contemplated by such Sections following the date of terminationtermination (subject to such deductions or amounts to be withheld as required by applicable law and regulations); provided, however, that if and to the extent necessary to comply with prevent any acceleration or additional tax under Section 409A of the Code, and applicable administrative guidance and regulations409A, such payments shall be made as follows: (1i) no payments shall be made for a six-month period following the date of termination, Executive’s separation of service (2as defined in Section 409A(a)(2)(B)(i) of the Code) with the Company; (ii) an amount equal to the aggregate sum that would have been otherwise payable during the initial six-month period shall be paid in a lump sum six (6) months following the date of termination, Executive’s separation of service with the Company (subject to such deductions or amounts to be withheld as required by applicable law and regulations); and (3iii) during the period beginning six (6) months following Executive’s separation of service with the date of termination Company through the remainder of the twelve-month applicable period, payment of the remaining amount due shall be payable in equal installments in accordance with the Company’s standard payroll practices. If the lump sum practices (subject to such deductions or amounts described in Section 5(f) of this Agreement become payable, Executive shall receive payment within thirty (30) days of termination; provided, however, that if necessary to comply with Section 409A of the Code, and be withheld as required by applicable administrative guidance law and regulations, such payment shall instead be made in a lump sum six months following the date of termination). In addition, notwithstanding any other provision with respect to the timing of payments under this Agreement, including pursuant if and to Sections 5(c)(iii) or 5(e)(iv) of this Agreement, if the extent necessary to comply with Section 409A 409A, amounts payable following termination of the Codeemployment in a lump sum, and applicable administrative guidance and regulations, such payments shall instead be made in a lump sum paid six (6) months following the date of terminationExecutive’s separation of service (subject to such deductions or amounts to be withheld as required by applicable law and regulations).