Xxxxx in Payment in Certain Circumstances. If the Units become vested upon your separation from service pursuant to Sections 6(b) or 6(c) during a period in which you are a “specified employee” (as defined below), then, to the extent delivery of Shares would constitute non-exempt “deferred compensation” under Section 409A of the Code, your right to receive the Shares will be delayed until the earlier of your death or the first day of the seventh month following your separation from service.
Xxxxx in Payment in Certain Circumstances. If the PSUs become vested upon your separation from service pursuant to Section 7(b) during a period in which you are a “Specified Employee” (as defined below), then, to the extent delivery of Shares would constitute non-exempt “deferred compensation” under Section 409A of the Code, your right to receive the Shares will be delayed until the earlier of your death or the first day of the seventh month following your separation from service.
Xxxxx in Payment in Certain Circumstances. If any portion of the Award becomes vested upon your separation from service pursuant to Sections 3(b) or 3(c) during a period in which you are a “specified employee” (as defined below), then, to the extent payment of such portion of the Award would constitute non-exempt “deferred compensation” under Section 409A of the Code, your right to receive such payment will be delayed until the earlier of your death or the first day of the seventh month following your separation from service.
