Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) days after the date of termination; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.
Appears in 32 contracts
Samples: Confidentiality, Non Solicitation and Non Competition Agreement, Transition Agreement and General Release, Agreement and Release (EQT Corp)
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) days after the date of termination; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.
Appears in 15 contracts
Samples: Agreement and Release (EQT Corp), Release Agreement, Release Agreement (EQT Corp)
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) days after the date of termination; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day sixty (60)-day period begins in one (1) calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second (2nd) such calendar year, even if the release becomes irrevocable in the first (1st) such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.
Appears in 6 contracts
Samples: Agreement and Release (EQT Corp), Agreement and Release (EQT Corp), Agreement and Release (EQT Corp)
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on EmployeeExecutive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 60 days after the date of terminationExecutive’s Separation from Service; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee Executive is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.
Appears in 5 contracts
Samples: Employment Agreement (Popeyes Louisiana Kitchen, Inc.), Employment Agreement (Popeyes Louisiana Kitchen, Inc.), Employment Agreement (Popeyes Louisiana Kitchen, Inc.)
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 60 days after the date of termination; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, the Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.
Appears in 4 contracts
Samples: Confidentiality, Non Solicitation and Change of Control Agreement (EQM Midstream Partners, LP), Confidentiality, Non Solicitation and Change of Control Agreement (Equitrans Midstream Corp), Confidentiality, Non Solicitation and Change of Control Agreement (Equitrans Midstream Corp)
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on EmployeeExecutive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) days after the date of terminationTermination Date; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.
Appears in 4 contracts
Samples: Employment Agreement (EVO Payments, Inc.), Employment Agreement (EVO Payments, Inc.), Employment Agreement (EVO Payments, Inc.)
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s 's execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) days after the date of termination; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.
Appears in 4 contracts
Samples: Confidentiality, Non Solicitation and Non Competition Agreement (Equitrans Midstream Corp), Confidentiality, Non Solicitation and Non Competition Agreement (Equitrans Midstream Corp), Confidentiality, Non Solicitation and Non Competition Agreement (Equitrans Midstream Corp)
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 60 days after the date of termination; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Nonnon-Exempt Deferred Compensationexempt deferred compensation for purpose of the Section 409A Guidance, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.
Appears in 3 contracts
Samples: Employment Agreement (Immucor Inc), Employment Agreement (Immucor Inc), Employment Agreement (Immucor Inc)
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employeethe Executive’s execution and non-revocation of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 60 days after the date Executive’s termination of terminationemployment; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Nonnon-Exempt Deferred Compensationexempt deferred compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee the Executive is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.
Appears in 3 contracts
Samples: Severance Agreement (Sally Beauty Holdings, Inc.), Severance Agreement (Sally Beauty Holdings, Inc.), Termination Agreement (Sally Beauty Holdings, Inc.)
Timing of Release of Claims. Whenever in this Agreement the provision of a payment or benefit is conditioned on EmployeeExecutive’s execution and non-revocation of a release of claims, such release must be executed executed, and all revocation periods shall have expired expired, within sixty (60) 60 days after the date of termination; termination of Executive’s employment, failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Nonnon-Exempt Deferred Compensationexempt deferred compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.
Appears in 2 contracts
Samples: Employment Agreement (Toys R Us Inc), Employment Agreement (Toys R Us Inc)
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on EmployeeExecutive’s execution of a release of claims, such release must be executed executed, and all revocation periods shall have expired expired, within sixty (60) 60 days after the date of terminationtermination of Executive’s employment; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.
Appears in 2 contracts
Samples: Employment Agreement (Toys R Us Inc), Employment Agreement (Toys R Us Inc)
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on EmployeeExecutive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 60 days after the date Date of terminationTermination; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee Executive is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.
Appears in 2 contracts
Samples: Employment Agreement (Southside Bancshares Inc), Employment Agreement (Southside Bancshares Inc)
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) days after the date of termination; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.
Appears in 2 contracts
Samples: Confidentiality, Non Solicitation and Non Competition Agreement (EQT Corp), Confidentiality, Non Solicitation and Non Competition Agreement (EQT Corp)
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 60 days after the date Date of terminationTermination; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.
Appears in 1 contract
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) days after the date of 9 termination; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.
Appears in 1 contract
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 60 days after the date of terminationEmployee’s Separation from Service; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.
Appears in 1 contract
Samples: Employment Agreement (Popeyes Louisiana Kitchen, Inc.)
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s 's execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) days after the date of termination; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.
Appears in 1 contract
Samples: Transition Agreement and General Release (Equitrans Midstream Corp)
Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 60 days after the date of terminationEmployee’s Separation from Service; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.. Employee’s Initials: _________________
Appears in 1 contract
Samples: Employment Agreement (Popeyes Louisiana Kitchen, Inc.)
Timing of Release of Claims. Whenever in this Agreement a the provision of payment or benefit is conditioned on Employee’s 's execution and non-revocation of a release of claims, such release release, must be executed executed, and all revocation periods shall have expired expired, within sixty (60) 60 days after the date of terminationtermination of Employee's employment; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.
Appears in 1 contract
Samples: Executive Employment Agreement (Superior Industries International Inc)