Common use of Payments Subject to Section 409A Clause in Contracts

Payments Subject to Section 409A. Subject to this Exhibit C, severance payments or benefits under this Agreement shall begin only on or after the date of the Employee’s “separation from service” (determined as set forth below), which occurs on or after the termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Employee under this Agreement:

Appears in 9 contracts

Samples: Employment Agreement (Merrimack Pharmaceuticals Inc), Employment Agreement (Merrimack Pharmaceuticals Inc), Employment Agreement (Merrimack Pharmaceuticals Inc)

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Payments Subject to Section 409A. Subject to this Exhibit C, severance payments or benefits under this Agreement shall begin only on or after the date of the Employee’s “separation from service,” (determined as set forth below), ) which occurs on or after the termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Employee under this Agreement:

Appears in 7 contracts

Samples: Employment Agreement (Merrimack Pharmaceuticals Inc), Disclosure and Developments Agreement (Merrimack Pharmaceuticals Inc), Disclosure and Developments Agreement (Merrimack Pharmaceuticals Inc)

Payments Subject to Section 409A. Subject to the provisions in this Exhibit CSection 18, any severance payments or benefits under this Agreement shall begin only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the date of termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Employee under this Agreement:

Appears in 7 contracts

Samples: Employment Agreement (Cerulean Pharma Inc.), Employment Agreement (Cerulean Pharma Inc.), Employment Agreement (Cerulean Pharma Inc.)

Payments Subject to Section 409A. Subject to this Exhibit C, Any severance payments or benefits under this Agreement shall begin only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the date of termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Employee under this Agreement:

Appears in 5 contracts

Samples: Change in Control Agreement (Varian Semiconductor Equipment Associates Inc), Employment Agreement (Idenix Pharmaceuticals Inc), Change in Control Agreement (Varian Semiconductor Equipment Associates Inc)

Payments Subject to Section 409A. 7.1 Subject to this Exhibit CSection 7, any severance payments or benefits under this Agreement shall begin only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the termination date of the Employee’s termination of employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Employee under this Agreement:

Appears in 4 contracts

Samples: Employment Agreement (Achillion Pharmaceuticals Inc), Employment Agreement (Achillion Pharmaceuticals Inc), Employment Agreement (Achillion Pharmaceuticals Inc)

Payments Subject to Section 409A. 1. Subject to this Exhibit CB, any severance payments or benefits payment(s) that may be due under this the Agreement shall begin (or be paid in full as the case may be) only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefitsseverance payment(s), if any, to be provided to the Employee under this the Agreement, as applicable:

Appears in 3 contracts

Samples: Employment Agreement (Ameresco, Inc.), Employment Agreement (Ameresco, Inc.), Employment Agreement (Ameresco, Inc.)

Payments Subject to Section 409A. 1. Subject to this Exhibit CB, any severance payments or benefits that may be due under this the Agreement shall begin only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefitsseverance payments, if any, to be provided to the Employee under this the Agreement, as applicable:

Appears in 3 contracts

Samples: Employment Agreement (Ameresco, Inc.), Employment Agreement (Ameresco, Inc.), Employment Agreement (Ameresco, Inc.)

Payments Subject to Section 409A. Subject to the provisions in this Exhibit CSection 19, any severance payments or benefits under this Agreement shall begin only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the date of termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Employee under this Agreement:

Appears in 3 contracts

Samples: Employment Agreement (Cerulean Pharma Inc.), Employment Agreement (Cerulean Pharma Inc.), Employment Agreement (Cerulean Pharma Inc.)

Payments Subject to Section 409A. Subject to the provisions in this Exhibit CAttachment B, any severance payments or benefits under this the Agreement shall begin only on or after upon the date of the Employee’s your “separation from service” (determined as set forth below), ) which occurs on or after the date of termination of the Employee’s your employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to you under the Employee under this Agreement:

Appears in 2 contracts

Samples: Cornerstone Therapeutics Inc, Cornerstone Therapeutics Inc

Payments Subject to Section 409A. Subject to the provisions in this Exhibit CSection 5.4, any severance payments or benefits under this Agreement shall begin only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the date of termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Employee under this Agreement:

Appears in 2 contracts

Samples: Employment Agreement (Biodel Inc), Employment Agreement (Biodel Inc)

Payments Subject to Section 409A. Subject to the provisions in this Exhibit CSection 4.6, any severance payments or benefits under this Agreement shall begin only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the date of termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Employee under this Agreement:

Appears in 2 contracts

Samples: Executive Retention Agreement (Kadant Inc), Executive Retention Agreement (Kadant Inc)

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Payments Subject to Section 409A. Subject to the provisions in this Exhibit CSection 8, any severance payments or benefits under this Agreement shall begin only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the date of termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Employee under this Agreement:

Appears in 2 contracts

Samples: Change of Control and Severance Agreement (Nashua Corp), Change of Control and Severance Agreement (Nashua Corp)

Payments Subject to Section 409A. Subject to the provisions in this Exhibit CSection 8.10, any severance payments or benefits under this Agreement shall begin only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the date of termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Employee under this Agreement:

Appears in 1 contract

Samples: Change of Control Agreement (Biodel Inc)

Payments Subject to Section 409A. Subject to the provisions in this Exhibit CSection 4.4, any severance payments or benefits under this Agreement shall begin only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the date of termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Employee under this Agreement:

Appears in 1 contract

Samples: Nitromed Inc

Payments Subject to Section 409A. 1. Subject to this Exhibit CA, any severance payments or and benefits that may be due under this the Agreement shall begin only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the termination of the Employee’s employment. The following rules shall apply with respect to distribution of the severance payments and benefits, if any, to be provided to the Employee under this the Agreement, as applicable:

Appears in 1 contract

Samples: Employment Agreement (Pacira Pharmaceuticals, Inc.)

Payments Subject to Section 409A. Subject to the provisions in this Exhibit CSection 15, any severance payments or benefits under this Agreement shall begin only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the date of termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Employee under this Agreement:

Appears in 1 contract

Samples: Change of Control and Severance Agreement (Nashua Corp)

Payments Subject to Section 409A. 1. Subject to this Exhibit CA, any severance payments or benefits that may be due under this the Agreement shall begin only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefitsseverance payments, if any, to be provided to the Employee under this the Agreement, as applicable:

Appears in 1 contract

Samples: Employment Agreement (Verastem, Inc.)

Payments Subject to Section 409A. Subject to the provisions in this Exhibit CAttachment A, any severance payments or benefits under this the Agreement shall begin only on or after upon the date of the Employee’s “separation from service” (determined as set forth below), ) which occurs on or after the date of termination of the Employee’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Employee under this the Agreement:

Appears in 1 contract

Samples: Severance Agreement and General Release (Cornerstone Therapeutics Inc)

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