Common use of Timing of Release of Claims Clause in Contracts

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Executive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date of termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation may elect to make or commence payment at any time during such period.

Appears in 3 contracts

Samples: Severance Protection Agreement (CommScope Holding Company, Inc.), Severance Protection Agreement (CommScope Holding Company, Inc.), Severance Protection Agreement (CommScope Holding Company, Inc.)

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Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Executive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date of termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code409A, the Corporation Bank may elect to make or commence payment at any time during such period.

Appears in 3 contracts

Samples: Employment Agreement (MetroCity Bankshares, Inc.), Employment Agreement (MetroCity Bankshares, Inc.), Employment Agreement (MetroCity Bankshares, Inc.)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the ExecutiveEmployee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date of termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation Employer may elect to make or commence payment at any time during such period.

Appears in 3 contracts

Samples: Change in Control Severance Agreement (Southern National Bancorp of Virginia Inc), Change in Control Severance Agreement (Southern National Bancorp of Virginia Inc), Change in Control Severance Agreement (Southern National Bancorp of Virginia Inc)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Executive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date of termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation Bank may elect to make or commence payment at any time during such period.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (Prime Meridian Holding Co)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Executive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th 60ff day after the date Date of termination Termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation Employer may elect to make or commence payment at any time during such period.

Appears in 1 contract

Samples: Employment Agreement (FB Financial Corp)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the ExecutiveEmployee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date of termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation Employer may elect to make or commence payment at any time during such period.. ​

Appears in 1 contract

Samples: Change in Control Severance Agreement (Primis Financial Corp.)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Executive’s Xxxxxx’x execution of a release of claims, such release must be executed and all revocation periods shall have expired within 60 sixty (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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date Date of termination Termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation Company may elect to make or commence payment at any time during such period.

Appears in 1 contract

Samples: Employment Agreement (FirstCash Holdings, Inc.)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Executive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date of termination Termination Date provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation Bank may elect to make or commence payment at any time during such period.

Appears in 1 contract

Samples: Executive Employment Agreement (CBTX, Inc.)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the ExecutiveEmployee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date Date of termination Termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation Company may elect to make or commence payment at any time during such period.

Appears in 1 contract

Samples: Merger Agreement (ZAIS Financial Corp.)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the ExecutiveFeehan’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 60 sixty (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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date Date of termination Termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation Company may elect to make or commence payment at any time during such period.

Appears in 1 contract

Samples: Employment Agreement (Firstcash, Inc)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Executive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date of termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation Employer may elect to make or commence payment at any time during such period.

Appears in 1 contract

Samples: Employment Agreement (Southern National Bancorp of Virginia Inc)

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Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Executive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date Date of termination Termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation Bank may elect to make or commence payment at any time during such period.

Appears in 1 contract

Samples: Employment Agreement (FB Financial Corp)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Executive’s execution of a release of claims, such release must be executed executed, and all revocation periods shall have expired within 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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date Date of termination Termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation Employer may elect to make or commence payment at any time during such period.

Appears in 1 contract

Samples: Employment Agreement (FB Financial Corp)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Executive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date Date of termination Termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or LEGAL02/43757576v4 benefit is exempt from Section 409A of the Code, the Corporation Employer may elect to make or commence payment at any time during such period.

Appears in 1 contract

Samples: Employment Agreement (FB Financial Corp)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Executive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 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, then then, subject to subsection (c) above, such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date Date of termination Termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation Company may elect to make or commence payment at any time during such 60-day period.

Appears in 1 contract

Samples: Change in Control Agreement (Genuine Parts Co)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Executive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 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, then then, subject to subsection 9.3 above, such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date Date of termination Termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation Employer may elect to make or commence payment at any time during such period.

Appears in 1 contract

Samples: Employment Agreement (Comstock Holding Companies, Inc.)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Executive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 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, then such payment or benefit (including any installment payments) that would have otherwise been payable during such 60-day period shall be accumulated and paid on the 60th day after the date of termination provided such release shall have been executed and such revocation periods shall have expired. If such payment or benefit is exempt from Section 409A of the Code, the Corporation may elect to make or commence payment at any time during such period.have

Appears in 1 contract

Samples: Employment Agreement (Southern National Bancorp of Virginia Inc)

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