Common use of Payments to Specified Employees Clause in Contracts

Payments to Specified Employees. To the extent that any payment or benefit pursuant to this Agreement constitutes a 409A Payment treated as payable upon Separation from Service, then, if on the date of the Executive’s Separation from Service, the Executive is a Specified Employee, then to the extent required for the Executive not to incur additional taxes pursuant to Code Section 409A, no such 409A Payment shall be made to the Executive earlier than the earlier of (a) six (6) months after the

Appears in 4 contracts

Samples: Key Executive Severance Agreement (Poniard Pharmaceuticals, Inc.), Key Executive Severance Agreement (Poniard Pharmaceuticals, Inc.), Key Executive Severance Agreement (Poniard Pharmaceuticals, Inc.)

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Payments to Specified Employees. To the extent that any payment or benefit pursuant to this Agreement constitutes a 409A Payment treated as payable upon Separation from Service, then, if on the date of the Executive’s Separation from Service, the Executive is a Specified Employee, then to the extent required for the Executive not to incur additional taxes pursuant to Code Section 409A, no such 409A Payment shall be made to the Executive earlier than the earlier of (a) six (6) months after thethe Executive’s Separation from Service or (b) the date of the Executive’s death. Should this Section

Appears in 1 contract

Samples: Key Executive Severance Agreement (Poniard Pharmaceuticals, Inc.)

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