Deemed Effective Date definition
Examples of Deemed Effective Date in a sentence
Moreover, except as provided herein in the case of a Deemed Effective Date, if prior to the Effective Date, (i) the Executive's employment with the Company terminates, or (ii) there is a diminution in the Executive's position (including status, offices, titles, and reporting requirements), authority, duties, and responsibilities with the Company or its Affiliated Companies, then the Executive shall have no rights under this Agreement.
In addition to the foregoing, payments that are or become due on account of a Deemed Effective Date shall be made at the time otherwise provided in this Agreement or, if later, the earlier of the second anniversary of the Date of Termination and the date of occurrence of a “change of control” (within the meaning of Code Section 409A and the regulations thereunder).
In addition to the foregoing, payments that are or become due on account of a Deemed Effective Date shall be made at the time otherwise provided in this Agreement or, if later, the earlier of six months following the Date of Termination and the date of occurrence of a “change in control event” (within the meaning of Code Section 409A and the regulations thereunder).
If the Executive's employment terminates after a Deemed Effective Date as defined in, and under the circumstances described in, the second sentence of Section 1 hereof, then the Company shall provide the Executive with the payments and benefits described under Sections 7(a)(1) through (8).
Moreover, except as provided herein in the case of a Deemed Effective Date, if prior to the Effective Date, (i) the Executive's employment with the Company terminates, or (ii) there is a material diminution in the Executive's position (including titles and reporting requirements), authority, duties, and responsibilities with the Company or its Affiliated Companies, then the Executive shall have no rights under this Agreement.
From and after the Transfer Effective Date specified in such Transfer Supplement or the Deemed Effective Date, as applicable, the transferring Participant shall be released from any obligations it may have under this Agreement and shall cease to be a party to this Agreement.
In addition to the foregoing, payments that are or become due on account of a Deemed Effective Date shall be made at the time otherwise provided in this Agreement or, if later, the earlier of the second anniversary of the Date of Termination and the date of occurrence of a "change of control" (within the meaning of Code Section 409A and the regulations thereunder).
From and after the Transfer Effective Date, as defined and specified in such Transfer Supplement, or the Deemed Effective Date, as applicable, the transferring Participant shall be released from any obligations it may have under this Agreement and shall cease to be a party to this Agreement.
Executive hereby irrevocably resigns all of his positions as a director and officer of the Company, effective as of the close of the Company's business on the Deemed Effective Date.
This Deed shall come into effect on the Effective Date but the parties acknowledge and agree that the amendment to the Servicing Agreement shall be deemed to have taken effect as of the Deemed Effective Date.