Common use of Treatment as Separation Pay Clause in Contracts

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.

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.”

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.”

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.”

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.