Common use of Six Month Delay for Specified Employees Clause in Contracts

Six Month Delay for Specified Employees. In the event that the Executive is a “specified employee” (as described in Code Section 409A), and any payment or benefit payable pursuant to this Agreement constitutes deferred compensation under Code Section 409A, then, to the extent required to comply with Section 409A of the Code, no such payment or benefit shall be made before the date that is six months after the Executive’s “separation from service” (as described in Code Section 409A) (or, if earlier, the date of the Executive’s death). Any payment or benefit delayed by reason of the prior sentence shall be paid out or provided in a single lump sum at the end of such required delay period in order to catch up to the original payment schedule.

Appears in 8 contracts

Samples: Employment Agreement (Magicjack Vocaltec LTD), Executive Employment Agreement (Magicjack Vocaltec LTD), Executive Employment Agreement (Magicjack Vocaltec LTD)

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Six Month Delay for Specified Employees. In the event that the Executive is a “specified employee” (as described in Code Section 409A), and any payment or benefit payable pursuant to this Agreement constitutes deferred compensation under Code Section 409A, then, subject to the extent required to comply with six-month delay requirement described in Section 409A of the Code409A(2)(b), then no such payment or benefit shall be made before the date that is six months after the Executive’s “separation from service” (as described in Code Section 409A) (or, if earlier, the date of the Executive’s death). Any payment or benefit delayed by reason of the prior sentence shall be paid out or provided in a single lump sum at the end of such required delay period in order to catch up to the original payment schedule.

Appears in 6 contracts

Samples: Executive Employment Agreement (Sharps Technology Inc.), Executive Employment Agreement (Thor Industries Inc), Employment Agreement

Six Month Delay for Specified Employees. In the event that the Executive is a “specified employee” (as described in Code Section 409A409A and determined in accordance with the Company’s policies and procedures), and any payment or benefit payable pursuant to this Agreement constitutes deferred compensation under Code Section 409A, then, subject to the extent required to comply with six-month delay requirement described in Section 409A of the Code409A(2)(b), then no such payment or benefit shall be made before the date that is six months after the Executive’s “separation from service” (as described in Code Section 409A) (or, if earlier, the date of the Executive’s death). Any payment or benefit delayed by reason of the prior sentence shall be paid out or provided in a single lump sum at the end of such required delay period in order to catch up to the original payment schedule.

Appears in 2 contracts

Samples: Executive Employment Agreement (Thor Industries Inc), Executive Employment Agreement (Thor Industries Inc)

Six Month Delay for Specified Employees. In the event that the Executive is a "specified employee" (as described in Code Section 409A), and any payment or benefit payable pursuant to this Agreement constitutes deferred compensation under Code Section 409A, then, to the extent required to comply with Section 409A of the Code, no such payment or benefit shall be made before the date that is six months after the Executive’s “'s "separation from service" (as described in Code Section 409A) (or, if earlier, the date of the Executive’s 's death). Any payment or benefit delayed by reason of the prior sentence shall be paid out or provided in a single lump sum at the end of such required delay period in order to catch up to the original payment schedule.

Appears in 2 contracts

Samples: Executive Employment Agreement (Magicjack Vocaltec LTD), Executive Employment Agreement (Magicjack Vocaltec LTD)

Six Month Delay for Specified Employees. In the event that the Executive is a “specified employee” (as described in Code Section 409A), and any payment or benefit payable pursuant to this Agreement constitutes deferred compensation under Code Section 409A, then, to the extent required to comply with Section 409A of the Code, then no such payment or benefit shall be made before the date that is six months after the Executive’s “separation from service” (as described in Code Section 409A) (or, if earlier, the date of the Executive’s death). Any payment or benefit delayed by reason of the prior sentence shall be paid out or provided in a single lump sum at the end of such required delay period in order to catch up to the original payment schedule.

Appears in 1 contract

Samples: Executive Employment Agreement (Parlux Fragrances Inc)

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Six Month Delay for Specified Employees. In the event that the Executive is a specified employee" (as described in Code Section 409A), and any payment or benefit payable pursuant to this Agreement constitutes deferred compensation under Code Section 409A, then, to the extent required to comply with Section 409A of the Code, no such payment or benefit shall be made before the date that is six months after the Executive’s “Executive 's "separation from service” (as service"(as described in Code Section 409A) (or, if earlier, the date of the Executive’s 's death). Any payment or benefit delayed by reason of the prior sentence shall be paid out or provided in a single lump sum at the end of such required delay period in order to catch up to the original payment schedule.

Appears in 1 contract

Samples: Executive Employment Agreement (Magicjack Vocaltec LTD)

Six Month Delay for Specified Employees. In the event that the Executive executive is a “specified employee” (as described in Code Section 409A), and any payment or benefit payable pursuant to this Agreement agreement constitutes deferred compensation under Code Section 409A, then, to the extent required to comply with Section 409A of the Code, then no such payment or benefit shall be made before the date that is six months after the Executive’s “separation from service” (as described in Code Section 409A) (or, if earlierearliest, de the date of the Executive’s death). Any payment or benefit delayed by reason of the prior sentence shall be paid out or provided in a single lump sum at the end of such required delay period in order to catch up to the original payment schedule.

Appears in 1 contract

Samples: Executive Employment Agreement (Parlux Fragrances Inc)

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