Unforeseeable Emergency. If the Employer designates in the Adoption Agreement that distributions are permitted under the Plan upon the occurrence of an Unforeseeable Emergency event, a distribution from the Deferred Compensation Account may be made to a Participant in the event of an Unforeseeable Emergency, subject to the following provisions: 5.6.1 A Participant may, at any time prior to his Separation from Service for any reason, make application to the Committee to receive a distribution in a lump sum of all or a portion of the vested balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.6) because of an Unforeseeable Emergency. A distribution because of an Unforeseeable Emergency shall not exceed the amount required to satisfy the Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of such distribution, after taking into account the extent to which the Unforeseeable Emergency may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant’s assets (to the extent the liquidation of such assets would not itself cause severe financial hardship) or by stopping current deferrals under the Plan pursuant to Section 4.1.9. 5.6.2 The Participant’s request for a distribution on account of Unforeseeable Emergency must be made in writing to the Committee. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency. 5.6.3 If a distribution under this Section 5.6 is approved by the Committee, such distribution will be made as soon as practicable following the date it is approved. The processing of the request shall be completed as soon as practicable from the date on which the Committee receives the properly completed written request for a distribution on account of an Unforeseeable Emergency. If a Participant’s Separation from Service occurs after a request is approved in accordance with this Section 5.6.3, but prior to distribution of the full amount approved, the approval of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Plan. 5.6.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 6 contracts
Samples: Adoption Agreement (Santarus Inc), Adoption Agreement (Semtech Corp), Executive Nonqualified Excess Plan Adoption Agreement (Sandridge Energy Inc)
Unforeseeable Emergency. If Prior to having received the Employer designates in total amount of payments the Adoption Agreement that distributions are permitted under the Plan upon the occurrence of an Unforeseeable Emergency event, a distribution from the Deferred Compensation Account Executive may be made entitled to a Participant receive as set forth in Subparagraphs III (A), (B), (C) and (D) hereinabove, the event of an Unforeseeable Emergency, subject to the following provisions:
5.6.1 A Participant may, at any time prior to his Separation from Service for any reason, Executive may make application to the Committee Plan Administrator to receive a distribution in a lump sum of all or a portion of the vested unpaid accrued liability account balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.6Paragraph III(H)) because of an Unforeseeable Emergency. A distribution because of an Unforeseeable Emergency shall not exceed the amount required to satisfy the Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of such distribution, after taking into account the extent to which the Unforeseeable Emergency may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the ParticipantExecutive’s assets (to the extent the liquidation of such assets would not itself cause severe financial hardship) or by stopping current deferrals under the Plan pursuant to Section 4.1.9.
5.6.2 ). The ParticipantExecutive’s request for a distribution on account of Unforeseeable Emergency must be made in writing to the CommitteePlan Administrator. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Accountvested unpaid accrued liability account balance, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency.
5.6.3 . If a distribution under this Section 5.6 III(H) is approved by the CommitteePlan Administrator, such distribution will be made as soon as practicable within thirty (30) days following the date it the distribution is approved. The processing of the request shall be completed as soon as practicable from the date on which the Committee Plan Administrator receives the properly completed written request for a distribution on account of an Unforeseeable Emergency. If a Participant’s Separation from Service occurs after a request is approved in accordance with this Section 5.6.3, but prior to distribution of the full amount approved, the approval of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the The Plan shall be distributed in accordance with the applicable distribution provisions of the Plan.
5.6.4 The Committee Administrator may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan Agreement may be conveniently administered.
Appears in 5 contracts
Samples: Executive Salary Continuation Agreement (Peoples Bancorp of North Carolina Inc), Executive Salary Continuation Agreement (Peoples Bancorp of North Carolina Inc), Executive Salary Continuation Agreement (Peoples Bancorp of North Carolina Inc)
Unforeseeable Emergency. If the Employer designates in the Adoption Agreement that distributions are permitted under the Plan upon the occurrence of A Participant may request a distribution due to an Unforeseeable Emergency event, a distribution from if the Deferred Compensation Account may Plan Sponsor has elected to permit Unforeseeable Emergency withdrawals under Section 8.01(a) of the Adoption Agreement. The request must be made to a Participant in the event of an Unforeseeable Emergency, subject writing and must be submitted to the following provisions:
5.6.1 A Participant may, at any time prior to his Separation from Service for any reason, make application to Administrator along with evidence that the Committee to receive a distribution in a lump sum of all or a portion of the vested balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.6) because of circumstances constitute an Unforeseeable Emergency. A The Administrator has the discretion to require whatever evidence it deems necessary to determine whether a distribution because of is warranted. Whether a Participant has incurred an Unforeseeable Emergency shall not exceed will be determined by the amount required to satisfy Administrator on the basis of the relevant facts and circumstances in its sole discretion, but, in no event, will an Unforeseeable Emergency plus amounts necessary be deemed to pay taxes reasonably anticipated as a result of such distribution, after taking into account exist if the extent to which the Unforeseeable Emergency may hardship can be relieved relieved: (a) through reimbursement or compensation by insurance or otherwise or otherwise, (b) by liquidation of the Participant’s assets (to the extent the such liquidation of such assets would not itself cause severe financial hardship, or (c) or by stopping current cessation of deferrals under the Plan pursuant Plan. A distribution due to Section 4.1.9.
5.6.2 The Participant’s request for a distribution on account of an Unforeseeable Emergency must be made in writing limited to the Committeeamount reasonably necessary to satisfy the emergency need and may include any amounts necessary to pay any federal, state or local income tax penalties reasonably anticipated to result from the distribution. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency.
5.6.3 If a distribution under this Section 5.6 is approved by the Committee, such distribution will be made as soon as practicable following in the date it is approvedform of a single lump sum cash payment. The processing If permitted by Section 8.01(b) of the request shall Adoption Agreement, a Participant’s deferral elections for the remainder of the Plan Year will be completed as soon as practicable from the date on which the Committee receives the properly completed written request for cancelled upon a distribution on account of an withdrawal due to Unforeseeable Emergency. If a the payment of all or any portion of the Participant’s Separation from Service occurs after a request vested Account is approved being delayed in accordance with Section 9.6 at the time he experiences an Unforeseeable Emergency, the amount being delayed shall not be subject to the provisions of this Section 5.6.3, but prior to distribution 9.3 until the expiration of the full amount approved, the approval six month period of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Plandelay required by section 9.6.
5.6.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 3 contracts
Samples: Salaried Retirement Equalization Savings Program (Delphi Automotive PLC), Salaried Retirement Equalization Savings Program (Delphi Corp), Salaried Retirement Equalization Savings Program (Delphi Corp)
Unforeseeable Emergency. If the Employer designates in the Adoption Agreement that distributions are permitted under the Plan upon the occurrence of A Participant may request a distribution due to an Unforeseeable Emergency event, a distribution from if the Deferred Compensation Account may Plan Sponsor has elected to permit Unforeseeable Emergency withdrawals under Section 8.01(a) of the Adoption Agreement. The request must be made to a Participant in the event of an Unforeseeable Emergency, subject writing and must be submitted to the following provisions:
5.6.1 A Participant may, at any time prior to his Separation from Service for any reason, make application to Administrator along with evidence that the Committee to receive a distribution in a lump sum of all or a portion of the vested balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.6) because of circumstances constitute an Unforeseeable Emergency. A The Administrator has the discretion to require whatever evidence it deems necessary to determine whether a distribution because of is warranted, and may require the Participant to certify that the need cannot be met from other sources reasonably available to the Participant. Whether a Participant has incurred an Unforeseeable Emergency shall not exceed will be determined by the amount required to satisfy Administrator on the basis of the relevant facts and circumstances in its sole discretion, but, in no event, will an Unforeseeable Emergency plus amounts necessary be deemed to pay taxes reasonably anticipated as a result of such distribution, after taking into account exist if the extent to which the Unforeseeable Emergency may hardship can be relieved relieved: (a) through reimbursement or compensation by insurance or otherwise or otherwise, (b) by liquidation of the Participant’s assets (to the extent the such liquidation of such assets would not itself cause severe financial hardship, or (c) or by stopping current cessation of deferrals under the Plan pursuant Plan. A distribution due to Section 4.1.9.
5.6.2 The Participant’s request for a distribution on account of an Unforeseeable Emergency must be made in writing limited to the Committeeamount reasonably necessary to satisfy the emergency need and may include any amounts necessary to pay any federal, state, foreign or local income taxes and penalties reasonably anticipated to result from the distribution. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency.
5.6.3 If a distribution under this Section 5.6 is approved by the Committee, such distribution will be made as soon as practicable following in the date it is approvedform of a single lump sum cash payment. The processing If permitted by Section 8.01(b) of the request shall Adoption Agreement, a Participant’s deferral elections for the remainder of the Plan Year will be completed as soon as practicable from the date on which the Committee receives the properly completed written request for cancelled upon a distribution on account of withdrawal due to an Unforeseeable Emergency. If a the payment of all or any portion of the Participant’s Separation from Service occurs after a request vested Account is approved being delayed in accordance with Section 9.6 at the time he experiences an Unforeseeable Emergency, the amount being delayed shall not be subject to the provisions of this Section 5.6.3, but prior to distribution 9.3 until the expiration of the full amount approved, the approval six month period of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Plandelay required by section 9.6.
5.6.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 3 contracts
Samples: Adoption Agreement (BSB Bancorp, Inc.), Deferred Compensation Plan (Lsi Corp), Adoption Agreement (Markel Corp)
Unforeseeable Emergency. If the Employer designates in the Adoption Agreement that distributions are permitted under the Plan upon the occurrence of an Unforeseeable Emergency event, a A distribution from the Deferred Compensation Account may be made to a Participant in the event of an Unforeseeable Emergency, subject to the following provisions:
5.6.1 A Participant may, at any time prior to his Separation separation from Service for any reason, make application to the Committee to receive a distribution in a lump sum of all or a portion of the vested balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.6) because of an Unforeseeable Emergency. A distribution because of an Unforeseeable Emergency shall not exceed the amount required to satisfy the Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of such distribution, after taking into account the extent to which the Unforeseeable Emergency may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant’s assets (to the extent the liquidation of such assets would not itself cause severe financial hardship) or by stopping current deferrals under the Plan pursuant to Section 4.1.9).
5.6.2 The Participant’s request for a distribution on account of Unforeseeable Emergency must be made in writing to the Committee. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency.
5.6.3 If a distribution under this Section 5.6 is approved by the Committee, such distribution will be made as soon as practicable following the date it is approved. The processing of the request shall be completed as soon as practicable from the date on which the Committee receives the properly completed written request for a distribution on account of an Unforeseeable Emergency. A distribution due to Unforeseeable Emergency shall not affect any deferral election previously made by the Participant. If a Participant’s Separation separation from Service occurs after a request is approved in accordance with this Section 5.6.3, but prior to distribution of the full amount approved, the approval of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Plan.
5.6.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 2 contracts
Samples: Nonqualified Deferred Compensation Plan (Marquee Holdings Inc.), Nonqualified Deferred Compensation Plan (Amc Entertainment Inc)
Unforeseeable Emergency. If A Participant may request a distribution due to an Unforeseeable Emergency if the Employer designates in Plan Sponsor has elected to permit Unforeseeable Emergency withdrawals under Section 8.01(a) of the Adoption Agreement Agreement. The request must be in writing and must be submitted to the Administrator along with evidence that distributions are permitted under the Plan upon circumstances constitute an Unforeseeable Emergency. The Administrator has the occurrence discretion to require whatever evidence it deems necessary to determine whether a distribution is warranted. Whether a Participant has incurred an Unforeseeable Emergency will be determined by the Administrator on the basis of the relevant facts and circumstances in its sole discretion, but, in no event, will a distribution on account of an Unforeseeable Emergency event, a distribution from the Deferred Compensation Account may be made to a Participant in the event of an Unforeseeable Emergency, subject to the following provisions:
5.6.1 A Participant may, at any time prior to his Separation from Service for any reason, make application to the Committee to receive a distribution in a lump sum of all or a portion of the vested balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.6) because of an Unforeseeable Emergency. A distribution because of an Unforeseeable Emergency shall not exceed the amount required to satisfy extent the Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of such distribution, after taking into account the extent to which the Unforeseeable Emergency is or may be relieved relieved: (a) through reimbursement or compensation by insurance or otherwise or otherwise, (b) by liquidation of the Participant’s assets (to the extent the such liquidation of such assets would not itself cause severe financial hardship, or (c) or by stopping current cessation of deferrals under the Plan pursuant Plan. A distribution due to Section 4.1.9.
5.6.2 The Participant’s request for a distribution on account of an Unforeseeable Emergency must be made in writing limited to the Committeeamount reasonably necessary to satisfy the emergency need and may include any amounts necessary to pay any federal, state, local or foreign income taxes or penalties reasonably anticipated to result from the distribution. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency.
5.6.3 If a distribution under this Section 5.6 is approved by the Committee, such distribution will be made as soon as practicable following in the date it is approvedform of a single lump sum cash payment. The processing distribution may be made from any nonqualified plan in which the Participant participates that provides for payment upon an Unforeseeable Emergency, provided that the nonqualified plan under which payment is to be made was designated at the time of payment. If permitted by Section 8.01(b) of the request shall Adoption Agreement, a Participant’s deferral elections for the remainder of the Plan Year will not be completed as soon as practicable from the date on which the Committee receives the properly completed written request for cancelled upon a distribution on account of an withdrawal due to Unforeseeable Emergency. If a the payment of all or any portion of the Participant’s Separation from Service occurs after a request vested Account is approved being delayed in accordance with Section 9.6 at the time he experiences an Unforeseeable Emergency, the amount being delayed shall not be subject to the provisions of this Section 5.6.3, but prior to distribution 9.3 until the expiration of the full amount approved, the approval 6-month period of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Plandelay required by Section 9.6.
5.6.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 2 contracts
Samples: Supplemental Investment Savings Plan (Ingram Micro Holding Corp), Supplemental Investment Savings Plan (Ingram Micro Holding Corp)
Unforeseeable Emergency. If the Employer designates in the Adoption Agreement that distributions are permitted under the Plan upon the occurrence of A Participant may request a distribution due to an Unforeseeable Emergency event, a distribution from if the Deferred Compensation Account may Plan Sponsor has elected to permit Unforeseeable Emergency withdrawals under Section 8.01(a) of the Adoption Agreement. The request must be made to a Participant in the event of an Unforeseeable Emergency, subject writing and must be submitted to the following provisions:
5.6.1 A Participant may, at any time prior to his Separation from Service for any reason, make application to Administrator along with evidence that the Committee to receive a distribution in a lump sum of all or a portion of the vested balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.6) because of circumstances constitute an Unforeseeable Emergency. A The Administrator has the discretion to require whatever evidence it deems necessary to determine whether a distribution because of is warranted, and may require the Participant to certify that the need cannot be met from other sources reasonably available to the Participant. Whether a Participant has incurred an Unforeseeable Emergency shall not exceed will be determined by the amount required to satisfy Administrator on the basis of the relevant facts and circumstances in its sole discretion, but, in no event, will an Unforeseeable Emergency plus amounts necessary be deemed to pay taxes reasonably anticipated as a result of such distribution, after taking into account exist if the extent to which the Unforeseeable Emergency may hardship can be relieved relieved: (a) through reimbursement or compensation by insurance or otherwise or otherwise, (b) by liquidation of the Participant’s assets (to the extent the such liquidation of such assets would not itself cause severe financial hardship, or (c) or by stopping current cessation of deferrals under the Plan pursuant Plan. A distribution due to Section 4.1.9.
5.6.2 The Participant’s request for a distribution on account of an Unforeseeable Emergency must be made in writing limited to the Committeeamount reasonably necessary to satisfy the emergency need and may include any amounts necessary to pay any federal, state, foreign or local income taxes and penalties reasonably anticipated to result from the distribution. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency.
5.6.3 If a distribution under this Section 5.6 is approved by the Committee, such distribution will be made as soon as practicable following in the date it is approvedform of a single lump sum cash payment. The processing If permitted by Section 8.01(b) of the request shall Adoption Agreement, a Participant’s deferral elections for the remainder of the Plan Year will be completed as soon as practicable from the date on which the Committee receives the properly completed written request for cancelled upon a distribution on account of withdrawal due to an Unforeseeable Emergency. If a the payment of all or any portion of the Participant’s Separation from Service occurs after a request vested Account is approved being delayed in accordance with Section 9.6 at the time he experiences an Unforeseeable Emergency, the amount being delayed shall not be subject to the provisions of this Section 5.6.3, but prior to distribution 9.3 until the expiration of the full amount approved, the approval six month period of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Plandelay required by Section 9.6.
5.6.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 2 contracts
Samples: Adoption Agreement (Juniper Networks Inc), Adoption Agreement (Juniper Networks Inc)
Unforeseeable Emergency. If the Employer designates in the Adoption Agreement that distributions are permitted under the Plan upon the occurrence of an Unforeseeable Emergency event, a A distribution from the Deferred Compensation Account may be made to a Participant in the event of an Unforeseeable Emergency, subject to the following provisions:
5.6.1 5.7.1 A Participant may, at any time prior to his Separation separation from Service for any reason, make application to the Committee to receive a distribution in a lump sum of all or a portion of the vested balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.65.7) because of an Unforeseeable Emergency. A distribution because of an Unforeseeable Emergency shall not exceed the amount required to satisfy the Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of such distribution, after taking into account the extent to which the Unforeseeable Emergency may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant’s assets (to the extent the liquidation of such assets would not itself cause severe financial hardship) or by stopping current deferrals under the Plan pursuant to Section 4.1.9).
5.6.2 5.7.2 The Participant’s request for a distribution on account of Unforeseeable Emergency must be made in writing to the Committee. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency.
5.6.3 5.7.3 If a distribution under this Section 5.6 5.7 is approved by the Committee, such distribution will be made as soon as practicable following the date it is approved. The processing of the request shall be completed as soon as practicable from the date on which the Committee receives the properly completed written request for a distribution on account of an Unforeseeable Emergency. Any deferral election of the Participant in effect at the time of a distribution on account of an Unforeseeable Emergency may be cancelled upon the Participant’s request, and if so cancelled, any subsequent deferral by the Participant shall be made pursuant to a new Participant Deferral Agreement which shall become effective as of the first day of January following the date such Participant Deferral Agreement is received by the Committee. If a Participant’s Separation separation from Service occurs after a request is approved in accordance with this Section 5.6.35.7.3, but prior to distribution of the full amount approved, the approval of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Plan.
5.6.4 5.7.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 2 contracts
Samples: Executive Nonqualified Excess Plan (Ufp Technologies Inc), Executive Nonqualified Excess Plan Document (Sandridge Energy Inc)
Unforeseeable Emergency. If the Employer designates in the Adoption Agreement that distributions are permitted under the Plan upon the occurrence of an Unforeseeable Emergency event, a A distribution from the Deferred Compensation Account may be made to a Participant in the event of an Unforeseeable Emergency, subject to the following provisions:
5.6.1 A Participant may, at any time prior to his Separation separation from Service for any reason, make application to the Committee to receive a distribution in a lump sum of all or a portion of the vested balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.6) because of an Unforeseeable Emergency. A distribution because of an Unforeseeable Emergency shall not exceed the amount required to satisfy the Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of such distribution, after taking into account the extent to which the Unforeseeable Emergency may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant’s assets (to the extent the liquidation of such assets would not itself cause severe financial hardship) or by stopping current deferrals under to the Plan pursuant to under Section 4.1.94.1.8.
5.6.2 The Participant’s request for a distribution on account of Unforeseeable Emergency must be made in writing to the Committee. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency.
5.6.3 If a distribution under this Section 5.6 is approved by the Committee, such distribution will be made as soon as practicable following the date it is approved. The processing of the request shall be completed as soon as practicable from the date on which the Committee receives the properly completed written request for a distribution on account of an Unforeseeable Emergency. .. If a Participant’s Separation separation from Service occurs after a request is approved in accordance with this Section 5.6.3, but prior to distribution of the full amount approved, the approval of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Plan.
5.6.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 2 contracts
Samples: Nonqualified Deferred Compensation Plan (Amc Entertainment Inc), Nonqualified Deferred Compensation Plan (Amc Entertainment Holdings, Inc.)
Unforeseeable Emergency. If the Employer designates in the Adoption Agreement that distributions are permitted under the Plan upon the occurrence of an Unforeseeable Emergency event, a distribution from the Deferred Compensation Account may be made to a Participant in the event of an Unforeseeable Emergency, subject to the following provisions:
5.6.1 A Participant may, at any time prior to his Separation from Service for any reason, make application to the Committee to receive a distribution in a lump sum of all or a portion of the vested balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.6) because of an Unforeseeable Emergency. A distribution because of an Unforeseeable Emergency shall not exceed the amount required to satisfy the Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of such distribution, after taking into account the extent to which the Unforeseeable Emergency may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant’s 's assets (to the extent the liquidation of such assets would not itself cause severe financial hardship) or by stopping current deferrals under the Plan pursuant to Section 4.1.9.
5.6.2 The Participant’s 's request for a distribution on account of Unforeseeable Emergency must be made in writing to the Committee. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency.
5.6.3 If a distribution under this Section 5.6 is approved by the Committee, such distribution will be made as soon as practicable following the date it is approved. The processing of the request shall be completed as soon as practicable from the date on which the Committee receives the properly completed written request for a distribution on account of an Unforeseeable Emergency. If a Participant’s 's Separation from Service occurs after a request is approved in accordance with this Section 5.6.3, but prior to distribution of the full amount approved, the approval of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Plan.
5.6.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 2 contracts
Samples: Adoption Agreement (Douglas Dynamics, Inc), Adoption Agreement (Bridgepoint Education Inc)
Unforeseeable Emergency. If the Employer designates in the Adoption Agreement that distributions are permitted under the Plan upon the occurrence of an Unforeseeable Emergency event, a distribution from the Deferred Compensation Account may be made to a Participant in the event of an Unforeseeable Emergency, subject to the following provisions:
5.6.1 A Participant may, at any time prior to his Separation from Service for any reason, make an application to the Committee to cancel all active deferral elections or to cancel deferral elections and receive a distribution in a lump sum of all or a portion of the vested balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.6) because of an Unforeseeable Emergency. A distribution because of an Unforeseeable Emergency shall not exceed the amount required to satisfy the Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of such distribution, after taking into account the extent to which the Unforeseeable Emergency may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant’s 's assets (to the extent the liquidation of such assets would not itself cause severe financial hardship) or by stopping current deferrals under the Plan pursuant to Section 4.1.94.1.10.
5.6.2 The Participant’s 's request for a distribution on account of Unforeseeable Emergency must be made in writing to the Committee. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency.
5.6.3 If a cancellation of deferral elections is approved, such cancellation will be effective as soon as practicable. If a distribution under this Section 5.6 is approved by the Committee, such distribution will be made as soon as practicable following the date it is approved. The processing of the request shall be completed as soon as practicable from the date on which the Committee receives the properly completed written request for a distribution on account of an Unforeseeable Emergency. If a Participant’s 's Separation from Service occurs after a request is approved in accordance with this Section 5.6.3, but prior to distribution of the full amount approved, the approval of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Plan.
5.6.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 1 contract
Samples: Nonqualified Deferred Compensation Plan Adoption Agreement (Mercantile Bank Corp)
Unforeseeable Emergency. If the Employer designates in the Adoption Agreement that distributions are permitted under the Plan upon the occurrence of an Unforeseeable Emergency event, An unforeseeable emergency means a distribution from the Deferred Compensation Account may be made to a Participant in the event of an Unforeseeable Emergency, subject severe financial hardship to the following provisions:
5.6.1 A Participant may, at any time prior to his Separation Executive resulting from Service for any reason, make application to the Committee to receive a distribution in a lump sum of all sudden and unexpected illness or a portion accident of the vested balance in the Deferred Compensation Account (determined as Executive or of a dependent of the date Executive, loss of the distributionExecutive's property due to casualty, if any, is made under this Section 5.6) because of an Unforeseeable Emergency. A distribution because of an Unforeseeable Emergency shall not exceed the amount required to satisfy the Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Executive. The circumstances that constitute an "Unforeseeable Emergency" would depend upon the facts of each case, but, in any case, payment may not be made in the event that such distribution, after taking into account the extent to which the Unforeseeable Emergency hardship is or may be relieved (1) through reimbursement or compensation by insurance or otherwise otherwise, or by (2) liquidation of the Participant’s assets (Executive's assets, to the extent the that liquidation of such assets would not itself cause severe financial hardship) . The need to send a Executive's child to college or the desire to purchase a home shall not be construed as an Unforeseeable Emergency. An Executive may request a distribution due to an Unforeseeable Emergency by stopping current deferrals submitting a written request to the Bank accompanied by evidence to demonstrate that the circumstances being experienced qualify as an Unforeseeable Emergency. The Bank shall have the authority to require such evidence as it deems necessary to determine if a distribution is warranted. If an application for a hardship distribution due to an Unforeseeable Emergency is approved, the distribution shall be limited to both the amount sufficient to meet the emergency and the Executive's accrued account balance. The allowable distribution shall be payable in a method determined by the Bank as soon as possible after approval of such distribution. Distributions made for an Unforeseeable Emergency will directly reduce the benefit on a proportionate basis over the payment period. An Executive who has commenced receiving benefits under the Plan pursuant to Section 4.1.9.
5.6.2 The Participant’s may request for a distribution on account acceleration of Unforeseeable Emergency must be made such payments in writing to the Committee. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency.
5.6.3 If a distribution under this Section 5.6 is approved by the Committee, such distribution will be made as soon as practicable following the date it is approved. The processing of the request shall be completed as soon as practicable from the date on which the Committee receives the properly completed written request for a distribution on account event of an Unforeseeable Emergency. If a Participant’s Separation from Service occurs after a request is approved in accordance with this Section 5.6.3, but prior The Bank may permit accelerated payments to distribution of the full extent such accelerated payment does not exceed the amount approved, necessary to meet the approval of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Planemergency.
5.6.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 1 contract
Samples: Deferred Compensation Plan (SVB Financial Services Inc)
Unforeseeable Emergency. If the Employer designates in the Adoption Agreement that distributions are permitted under the Plan upon the occurrence of an Unforeseeable Emergency event, a A distribution from the Deferred Compensation Account may be made to a Participant in the event of an Unforeseeable Emergency, subject to the following provisions:
5.6.1 5.7.1 A Participant may, at any time prior to his Separation separation from Service for any reason, make application to the Committee to receive a distribution in a lump sum of all or a portion of the vested balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.65.7) because of an Unforeseeable Emergency. A distribution because of an Unforeseeable Emergency shall not exceed the amount required to satisfy the Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of such distribution, after taking into account the extent to which the Unforeseeable Unfore seeable Emergency may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant’s assets (to the extent the liquidation of such assets would not itself cause severe financial hardship) or by stopping current deferrals under the Plan pursuant to Section 4.1.9).
5.6.2 5.7.2 The Participant’s request for a distribution on account of Unforeseeable Emergency must be made in writing to the Committee. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Unfore seeable Emergency.
5.6.3 5.7.3 If a distribution under this Section 5.6 5.7 is approved by the Committee, such distribution will be made as soon as practicable following the date it is approved. The processing of the request shall be completed as soon as practicable from the date on which the Committee receives the properly completed written request for a distribution on account of an Unforeseeable Emergency. A distribution due to Unforeseeable Emergency shall not affect any deferral election previously made by the Participant. If a Participant’s Separation separation from Service occurs after a request is approved in accordance with this Section 5.6.35.7.3, but prior to distribution of the full amount approved, the approval of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Plan.
5.6.4 5.7.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 1 contract
Samples: Executive Nonqualified Excess Plan (Proassurance Corp)
Unforeseeable Emergency. Prior to Employee's termination of employment with the Company, Employee may, in the Committee's sole discretion, receive a withdrawal from Employee's Account in the case of an "unforeseeable emergency". If Employee requests a payment pursuant to this paragraph, he or she shall have the burden of proof of establishing, to the Committee's satisfaction, the existence of such "unforeseeable emergency", and the amount of the payment needed to satisfy the same. In that regard, Employee shall provide the Committee with such financial data and information as the Committee may request. If the Employer designates in the Adoption Agreement Committee determines that distributions are permitted under the Plan upon the occurrence of an Unforeseeable Emergency event, a distribution from the Deferred Compensation Account may payment should be made to Employee under this paragraph such payment shall be made within a Participant in reasonable time after the event of an Unforeseeable Emergency, subject to the following provisions:
5.6.1 A Participant may, at any time prior to his Separation from Service for any reason, make application to the Committee to receive a distribution in a lump sum of all or a portion Committee's determination of the vested balance in the Deferred Compensation Account (determined as existence of the date the distribution, if any, is made under this Section 5.6) because of an Unforeseeable Emergency. A distribution because of an Unforeseeable Emergency shall not exceed such "unforeseeable emergency" and the amount required of payment so needed. As used herein, the term "unforeseeable emergency" means a severe financial hardship to satisfy the Unforeseeable Emergency plus amounts necessary Employee resulting from a sudden and unexpected illness or accident of Employee or of a dependent of Employee, loss of Employee's property due to pay taxes reasonably anticipated casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of such distributionevents beyond the control of Employee. The circumstances that shall constitute an "unforeseeable emergency" shall depend upon the facts of each case, after taking into account but, in any case, payment may not be made to the extent to which the Unforeseeable Emergency that such hardship is or may be relieved (i) through reimbursement or compensation by insurance or otherwise otherwise, or (ii) by liquidation of the Participant’s assets (Employee's assets, to the extent the liquidation of such assets would not itself cause severe financial hardship) or by stopping current deferrals under the Plan pursuant to Section 4.1.9.
5.6.2 The Participant’s request for a distribution on account . Examples of Unforeseeable Emergency must be made in writing to the Committee. The request must specify the nature of the financial hardship, the total amount requested what are not considered to be distributed from "unforeseeable emergencies" include the Deferred Compensation Account, and need to send Employee's child to college or the total amount purchase of the actual expense incurred or to be incurred on account a home. Withdrawals of the Unforeseeable Emergency.
5.6.3 If a distribution under this Section 5.6 is approved by the Committee, such distribution will be made as soon as practicable following the date it is approved. The processing of the request shall be completed as soon as practicable from the date on which the Committee receives the properly completed written request for a distribution on account amounts because of an Unforeseeable Emergency. If a Participant’s Separation from Service occurs after a request is approved in accordance with this Section 5.6.3, but prior "unforeseeable emergency" shall not exceed an amount reasonably needed to distribution of satisfy the full amount approved, the approval of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Planemergency need.
5.6.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 1 contract
Samples: Compensation Deferral Agreement (Sealed Air Corp/De)
Unforeseeable Emergency. If the Employer designates in the Adoption Agreement that distributions are permitted under the Plan upon the occurrence of an Unforeseeable Emergency event, a distribution from the Deferred Compensation Account may be made to a Participant in the event of an Unforeseeable Emergency, subject to the following provisions:
5.6.1 A Participant may, at any time prior to his Separation from Service for any reason, make application to the Committee to receive a distribution in a lump sum of all or a portion of the vested balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.6) because of an Unforeseeable Emergency. A distribution because of an Unforeseeable Emergency shall not exceed the amount required to satisfy the Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of such distribution, after taking into account the extent to which the Unforeseeable Emergency may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant’s assets (to the extent the liquidation of such assets would not itself cause severe financial hardship) or by stopping current deferrals under the Plan pursuant to Section 4.1.94. 1.9.
5.6.2 The Participant’s Participants request for a distribution on account of Unforeseeable Emergency must be made in writing to the Committee. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency.
5.6.3 If a distribution under this Section 5.6 is approved by the Committee, such distribution will be made as soon as practicable following the date it is approved. The processing of the request shall be completed as soon as practicable from the date on which the Committee receives the properly completed written request for a distribution on account of an Unforeseeable Emergency. If a Participant’s Separation from Service occurs after a request is approved in accordance with this Section 5.6.3, but prior to distribution of the full amount approved, the approval of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Plan.
5.6.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 1 contract
Samples: Adoption Agreement (Smith a O Corp)
Unforeseeable Emergency. If the Employer designates in the Adoption Agreement that distributions are permitted under the Plan upon the occurrence of an Unforeseeable Emergency event, a A distribution from the Deferred Compensation Account may be made to a Participant in the event of an Unforeseeable Emergency, subject to the following provisions:
5.6.1 5.7.1 A Participant may, at any time prior to his Separation separation from Service for any reason, make application to the Committee to receive a distribution in a lump sum of all or a portion of the vested balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.65.7) because of an Unforeseeable Emergency. A distribution because of an Unforeseeable Emergency shall not exceed the amount required to satisfy the Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of such distribution, after taking into account the extent to which the Unforeseeable Emergency may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant’s 's assets (to the extent the liquidation of such assets would not itself cause severe financial hardship) or by stopping current deferrals under the Plan pursuant to Section 4.1.9).
5.6.2 5.7.2 The Participant’s 's request for a distribution on account of Unforeseeable Emergency must be made in writing to the Committee. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency.
5.6.3 5.7.3 If a distribution under this Section 5.6 5.7 is approved by the Committee, such distribution will be made as soon as practicable following the date it is approved. The processing of the request shall be completed as soon as practicable from the date on which the Committee receives the properly completed written request for a distribution on account of an Unforeseeable Emergency. Any deferral election of the Participant in effect at the time of a distribution on account of an Unforeseeable Emergency may be cancelled upon the Participant's request, and if so cancelled, any subsequent deferral by the Participant shall be made pursuant to a new Participant Deferral Agreement which shall become effective as of the first day of January following the date such Participant Deferral Agreement is received by the Committee. If a Participant’s Separation 's separation from Service occurs after a request is approved in accordance with this Section 5.6.35.7.3, but prior to distribution of the full amount approved, the approval of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Plan.
5.6.4 5.7.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 1 contract
Samples: Executive Nonqualified Excess Plan (Werner Enterprises Inc)
Unforeseeable Emergency. If the Employer designates in the Adoption Agreement designates that distributions are permitted under the Plan upon the occurrence of an Unforeseeable Emergency event, a distribution from the Deferred Compensation Account may be made to a Participant in the event of an Unforeseeable Emergency, subject to the following provisions:
5.6.1 A Participant may, at any time prior to his Separation from Service for any reason, make an application to the Committee to cancel all active deferral elections or to cancel deferral elections and receive a distribution in a lump sum of all or a portion of the vested balance in the Deferred Compensation Account (determined as of the date the distribution, if any, is made under this Section 5.6) because of an Unforeseeable Emergency. A distribution because of an Unforeseeable Emergency shall not exceed the amount required to satisfy the Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of such distribution, after taking into account the extent to which the Unforeseeable Emergency may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant’s assets (to the extent the liquidation of such assets would not itself cause severe financial hardship) or by stopping current deferrals under the Plan pursuant to Section 4.1.94.1.10.
5.6.2 The Participant’s request for a distribution on account of Unforeseeable Emergency must be made in writing to the Committee. The request must specify the nature of the financial hardship, the total amount requested to be distributed from the Deferred Compensation Account, and the total amount of the actual expense incurred or to be incurred on account of the Unforeseeable Emergency.
5.6.3 If a cancellation of deferral elections is approved such cancellation will be effective as soon as practicable. If a distribution under this Section 5.6 is approved by the Committee, such distribution will be made as soon as practicable following the date it is approved. The processing of the request shall be completed as soon as practicable from the date on which the Committee receives the properly completed written request for a distribution on account of an Unforeseeable Emergency. If a Participant’s Separation from Service occurs after a request is approved in accordance with this Section 5.6.3, but prior to distribution of the full amount approved, the approval of the request shall be automatically null and void and the benefits which the Participant is entitled to receive under the Plan shall be distributed in accordance with the applicable distribution provisions of the Plan.
5.6.4 The Committee may from time to time adopt additional policies or rules consistent with the requirements of Section 409A of the Code to govern the manner in which such distributions may be made so that the Plan may be conveniently administered.
Appears in 1 contract
Samples: Deferred Compensation Plan (Everus Construction Group, Inc.)