Reduction Methodology. In the event that Section 6(a) applies and a reduction is required to be applied to the Payments thereunder, the Payments shall be reduced by the Company in its reasonable discretion in accordance with Section 409A and in the following order: (i) reduction of any Payments that are exempt from Section 409A will be reduced first; and (ii) all other Payments will then be reduced as follows: (A) cash payments will be reduced before non-cash payments; and (B) payments to be made on a later payment date will be reduced before payments to be made on an earlier payment date.
Appears in 3 contracts
Sources: Employment Agreement (Heritage Distilling Holding Company, Inc.), Employment Agreement (Heritage Distilling Holding Company, Inc.), Employment Agreement (Heritage Distilling Holding Company, Inc.)