Treatment as Separation Pay. This Section shall not apply to the extent such payments can be considered to be separation pay that is not part of a deferred compensation arrangement under Section 409A. If permitted by Section 409A, cash payments to Employee pursuant to Section 4 or Section 6 shall be considered first to come from separation pay.
Appears in 7 contracts
Samples: Employment Agreement (First Community Bancshares Inc /Nv/), Employment Agreement (First Community Bancshares Inc /Nv/), Employment Agreement (First Community Bancshares Inc /Nv/)
Treatment as Separation Pay. This Section shall not apply to the extent such payments can be considered to be separation pay that is not part of a deferred compensation arrangement under Section 409A. If permitted by Section 409A, cash payments to Employee Executive pursuant to Section 4 7, 8, 9 or Section 6 11 shall be considered first to come from separation pay.
Appears in 5 contracts
Samples: Employment Agreement (First Community Bankshares Inc /Va/), Employment Agreement (First Community Bankshares Inc /Va/), Employment Agreement (First Community Bankshares Inc /Va/)
Treatment as Separation Pay. This Section 19 shall not apply to the extent such payments can be considered to be separation pay that is not part of a deferred compensation arrangement under Section 409A. If permitted by Section 409A, cash payments to Employee the Executive pursuant to Section 4 or Section 6 6(a) shall be considered first to come from separation pay.”
Appears in 2 contracts
Samples: Employment Agreement (Mb Financial Inc /Md), Employment Agreement (Mb Financial Inc /Md)
Treatment as Separation Pay. This Section 18 shall not apply to the extent such payments can be considered to be separation pay that is not part of a deferred compensation arrangement under Section 409A. If permitted by Section 409A, cash payments to Employee the Executive pursuant to Section 4 or Section 6 6(a) shall be considered first to come from separation pay.”
Appears in 2 contracts
Samples: Employment Agreement (Mb Financial Inc /Md), Employment Agreement (Mb Financial Inc /Md)
Treatment as Separation Pay. This Section 21 shall not apply to the extent such payments can be considered to be separation pay that is not part of a deferred compensation arrangement under Section 409A. If permitted by Section 409A, cash payments to Employee the Executive pursuant to Section 4 or Section 6 7 shall be considered first to come from separation pay.”
Appears in 2 contracts
Samples: Employment Agreement (Mb Financial Inc /Md), Employment Agreement (Mb Financial Inc /Md)
Treatment as Separation Pay. This Section shall not apply to the extent that such payments can be considered to be separation pay that is not part of a deferred compensation arrangement under Section 409A. If permitted by Section 409A, cash payments to Employee Executive pursuant to Section 4 or Section 6 5 shall be considered first to come from separation pay.
Appears in 1 contract
Samples: Merger Agreement (First Community Bancshares Inc /Nv/)
