Common use of Potential Six-Month Delay Clause in Contracts

Potential Six-Month Delay. Notwithstanding anything to the contrary in this Agreement, no amounts payable under this Agreement shall be paid to the Participant during the six-month period following the Participant’s Separation from Service to the extent that the Company reasonably determines that paying such amounts prior to the expiration of such six-month period would result in a prohibited distribution under Section 409A(a)(2)(b)(i) of the Code. If the payment of any such amounts is delayed as a result of the previous sentence, then on the first business day following the end of the applicable six-month period (or such earlier date upon which such amounts can be paid under Code Section 409A without resulting in a prohibited distribution, including as a result of the Participant’s death), such amounts shall be paid to the Participant.

Appears in 5 contracts

Samples: Restricted Phantom Unit Agreement (BreitBurn Energy Partners L.P.), Restricted Phantom Unit Agreement (BreitBurn Energy Partners L.P.), Restricted Phantom Unit Agreement (BreitBurn Energy Partners L.P.)

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Potential Six-Month Delay. Notwithstanding anything to the contrary in this Agreement, no amounts payable under this Agreement shall be paid to the Participant during prior to the expiration of the six-month period following the Participant’s his Separation from Service to the extent that the Company reasonably determines that paying such amounts prior to the expiration of such six-month period would result in a prohibited distribution under Section 409A(a)(2)(b)(i409A(a)(2)(B)(i) of the Code. If the payment of any such amounts is delayed as a result of the previous sentence, then on the first business day following the end of the applicable six-month period (or such earlier date upon which such amounts can be paid under Code Section 409A without resulting in a prohibited distribution, including as a result of the Participant’s death), such amounts shall be paid to the Participant.

Appears in 4 contracts

Samples: Restricted Phantom Unit Agreement (Breitburn Energy Partners LP), Restricted Phantom Unit Agreement (Breitburn Energy Partners LP), Restricted Phantom Unit Agreement (Breitburn Energy Partners LP)

Potential Six-Month Delay. Notwithstanding anything to the contrary in this Agreement, no amounts payable under this Agreement shall be paid to the Participant during the six-month period following the Participant’s his Separation from Service to the extent that the Company reasonably determines that paying such amounts prior to the expiration of such six-month period would result in a prohibited distribution under Section 409A(a)(2)(b)(i) of the Code. If the payment of any such amounts is delayed as a result of the previous sentence, then on the first business day following the end of the applicable six-month period (or such earlier date upon which such amounts can be paid under Code Section 409A without resulting in a prohibited distribution, including as a result of the Participant’s death), such amounts shall be paid to the Participant.

Appears in 2 contracts

Samples: Restricted Phantom Unit Agreement (BreitBurn Energy Partners L.P.), Restricted Phantom Unit Agreement (BreitBurn Energy Partners L.P.)

Potential Six-Month Delay. Notwithstanding anything to the contrary in this Agreement, no amounts payable under this Agreement shall be paid to the Participant during prior to the expiration of the six-month period following the Participant’s his Separation from Service to the extent that the Company reasonably determines that paying such amounts prior to the expiration of such six-month period would result in a prohibited distribution under Section 409A(a)(2)(b)(i409A(a)(2)(B)(i) of the Code. If the payment of any such amounts is delayed as a result of the previous sentence, then on the first business day following the end of the applicable six-month period (or such earlier date upon which such Deferred Payment Award amounts can be paid under Code Section 409A without resulting in a prohibited distribution, including as a result of the Participant’s death), such amounts shall be paid to the Participant.

Appears in 1 contract

Samples: Restricted Phantom Unit Agreement (BreitBurn Energy Partners L.P.)

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Potential Six-Month Delay. Notwithstanding anything to the contrary in this Agreement, no amounts payable under this Agreement shall be paid to the Participant during prior to the expiration of the six-month period following the Participant’s his Separation from Service to the extent that the Company reasonably determines that paying such amounts prior to the expiration of such six-month Deferred Payment Award period would result in a prohibited distribution under Section 409A(a)(2)(b)(i409A(a)(2)(B)(i) of the Code. If the payment of any such amounts is delayed as a result of the previous sentence, then on the first business day following the end of the applicable six-month period (or such earlier date upon which such amounts can be paid under Code Section 409A without resulting in a prohibited distribution, including as a result of the Participant’s death), such amounts shall be paid to the Participant.

Appears in 1 contract

Samples: Restricted Phantom Unit Agreement (BreitBurn Energy Partners L.P.)

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