Common use of Timing of Payments and Section 409A Clause in Contracts

Timing of Payments and Section 409A. a) Notwithstanding anything to the contrary in this Agreement, if at the time of the Executive’s termination of employment, the Executive is a Specified employee, any and all amounts payable under Section 6 on account of such Separation from Service that would (but for this provision) be payable within six (6) months following the date of termination, shall instead be paid on the next business day following the expiration of such six (6) month period.

Timing of Payments and Section 409A. a) Notwithstanding anything to the contrary in this Agreement, if at the time of the Executive’s termination of employment, the Executive is a Specified employeeEmployee, any and all amounts payable under Section 6 on account of such Separation from Service that would (but for this provision) be payable within six (6) months following the date of termination, shall instead be paid on the next business day following the expiration of such six (6) month period.

Timing of Payments and Section 409A. (a) Notwithstanding anything to the contrary in this Agreement, if at the time of the Executive’s termination of employment, the Executive is a Specified employeeEmployee (as defined below), any such amounts that may be subject to the Specified Employee rules set forth at (a)(2)(B)(i) of Section 409A of the Code (“Section 409A”) and all amounts payable under Section 6 on account of such Separation from Service (as defined below) that would (but for this provision) be payable within six (6) months following the date of termination, shall instead be paid on the next business day following the expiration of such six (6) month period.

Timing of Payments and Section 409A. a) Notwithstanding anything to the contrary in this Agreement, if at the time of the Executive’s termination of employment, the Executive is a Specified “specified employee”, any and all amounts payable under Section 6 on account of such Separation “separation from Service service” that would (but for this provisionSection 7(a)) be payable within six (6) months following the date of termination, shall instead be paid on the next business day following the expiration of such six (6) month period.

Timing of Payments and Section 409A. a) 1.8.1 Notwithstanding anything to the contrary in this Agreement, if at the time of the Executive’s termination of employment, the Executive is a Specified “specified employee,” as defined below, any and all amounts payable under this Section 6 1 on account of such Separation separation from Service service, to the extent required in order to avoid accelerated taxation and/or tax penalties under Section 409A of the Code (“Section 409A”) that constitute deferred compensation and would (but for this provision) be payable within six (6) months following the date of termination, shall instead be paid on the next business day following the expiration of such six (6) month periodperiod or, if earlier, upon Executive’s death.

Timing of Payments and Section 409A. a) 1.8.1. Notwithstanding anything to the contrary in this Agreement, if at the time of the Executive’s termination of employment, the Executive is a Specified “specified employee,” as defined below, any and all amounts payable under this Section 6 1 on account of such Separation separation from Service service, to the extent required in order to avoid accelerated taxation and/or tax penalties under Section 409A of the Code (“Section 409A”) that constitute deferred compensation and would (but for this provision) be payable within six (6) months following the date of termination, shall instead be paid on the next business day following the expiration of such six (6) month periodperiod or, if earlier, upon Executive’s death.

Timing of Payments and Section 409A. a(i) Notwithstanding anything to the contrary in this Agreement, if If at the time of the Executive’s termination of employmentemployment hereunder terminates, the Executive is a Specified “specified employee,” as hereafter defined, any and all amounts payable under Section 6 on account 5(d), Section 5(e) or Section 5(g) hereof in connection with such termination of such Separation from Service employment that constitute deferred compensation subject to Section 409A, as determined by the Company in its reasonable judgment, and that would (but for this provisionsentence) be payable within six (6) months following the date such termination of terminationemployment, shall instead be paid on the next business day following date that follows the expiration date of such termination of employment by six (6) month periodmonths.

Timing of Payments and Section 409A. a) 7.1. Notwithstanding anything to the contrary in this Agreement, if at the time of the Executive’s 's termination of employment, the Executive is a Specified "specified employee," as defined below, any and all amounts payable under this Section 6 1 on account of such Separation separation from Service service, to the extent required in order to avoid accelerated taxation and/ or tax penalties under Section 409A of the Code ("Section 409A") that constitute deferred compensation and would (but for this provision) be payable within six (6) months following the date of termination, shall instead be paid on the next business day following the expiration of such six (6) month periodperiod or, if earlier, upon Executive's death.