Internal Revenue Code Section 409A. Notwithstanding anything contained herein to the contrary, if at the time of a termination of employment, (i) Employee is a "specified employee" as defined in Code Section 409A, and the regulations and guidance thereunder in effect at the time of such termination ("409A"), and, (ii) any of the payments or benefits provided hereunder may constitute "deferred compensation" under 409A, then, and only to the extent required by such provisions, the date of payment of such payments or benefits otherwise provided shall be delayed for a period of up to six (6) months following the date of termination.
Appears in 9 contracts
Samples: Employment Agreement (Centrue Financial Corp), Employment Agreement (Centrue Financial Corp), Employment Agreement (Centrue Financial Corp)
Internal Revenue Code Section 409A. Notwithstanding anything contained herein to the contrary, if at the time of a termination of employment, (i) Employee is a "“specified employee" ” as defined in Code Section 409A, and the regulations and guidance thereunder in effect at the time of such termination ("“409A"”), and, (ii) any of the payments or benefits provided hereunder may constitute "“deferred compensation" ” under 409A, then, and only to the extent required by such provisions, the date of payment of such payments or benefits otherwise provided shall be delayed for a period of up to six (6) months following the date of termination. The parties intend, however, that this Agreement shall be exempt from the 409A as either a separation pay arrangement or a short term deferral of compensation.
Appears in 6 contracts
Samples: Employment Agreement (Centrue Financial Corp), Employment Agreement (Centrue Financial Corp), Employment Agreement (Centrue Financial Corp)
Internal Revenue Code Section 409A. Notwithstanding anything contained herein to the contrary, if at the time of a termination of employment, (i) Employee is a "“specified employee" ” as defined in Code Section 409A, 409A and the regulations and guidance thereunder in effect at the time of such termination ("“409A"”), ; and, (ii) any of the payments or benefits provided hereunder may constitute "“deferred compensation" ” under 409A, then, and only to the extent required by such provisions, the date of payment of such payments or benefits otherwise provided shall be delayed for a period of up to six (6) months following the date of termination.
Appears in 3 contracts
Samples: Employment Agreement (Level One Bancorp Inc), Employment Agreement (Level One Bancorp Inc), Employment Agreement (Level One Bancorp Inc)
Internal Revenue Code Section 409A. Notwithstanding anything contained herein to the contrary, if at the time of a termination of employment, (i) Employee Executive is a "“specified employee" ” as defined in Internal Revenue Code Section 409A, and the regulations and guidance thereunder in effect at the time of such termination ("“409A"”), and, (ii) any of the payments or benefits provided hereunder may constitute "“deferred compensation" ” under 409A, then, and only to the extent required by such provisions, the date of payment of such payments or benefits otherwise provided shall be delayed for a period of up to six (6) months following the date of termination.
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Internal Revenue Code Section 409A. Notwithstanding anything contained herein to the contrary, if at the time of a termination of employment, (i) Employee is a "“specified employee" ” as defined in Code Section 409A, and the regulations and guidance thereunder in effect at the time of such termination ("409A")termination, and, (ii) any of the payments or benefits provided hereunder may constitute "“deferred compensation" ” under 409A, then, and only to the extent required by such provisions, the date of payment of such payments or benefits otherwise provided shall be delayed for a period of up to six (6) months following the date of termination. The parties intend, however, that this Agreement shall be exempt from the 409A as either a separation pay arrangement or a short term deferral of compensation.
Appears in 1 contract
Internal Revenue Code Section 409A. Notwithstanding anything contained herein to the contrary, if at the time of a termination of employment, (i) Employee is a "“specified employee" ” as defined in Internal Revenue Code Section 409A, and the regulations and guidance thereunder in effect at the time of such termination ("“409A"”), and, (ii) any of the payments or benefits provided hereunder may constitute "“deferred compensation" ” under 409A, then, and only to the extent required by such provisions, the date of payment of such payments or benefits otherwise provided shall be delayed for a period of up to six (6) months following the date of termination.
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