Common use of Six-Month Delay Clause in Contracts

Six-Month Delay. Notwithstanding anything herein to the contrary, if the Executive is a “specified employee” within the meaning of Treasury Regulation Section 1.409A-1(i) (or any successor thereto) on his Termination Date, any payments hereunder that are triggered by termination of employment and which are not exempt as separation pay under Treasury Regulation Section 1.409A-1(b)(9) or as short-term deferral pay, shall not begin to be paid until six months after his Termination Date, and at that time, the Executive will receive in one lump sum payment of all the payments that would have otherwise been paid to the Executive during the first six months following the Executive’s Termination Date. The Company shall determine, consistent with any guidance issued under Code Section 409A, the portion of payments that are required to be delayed, if any.

Appears in 12 contracts

Samples: Employment Agreement (Texas Roadhouse, Inc.), Employment Agreement (Texas Roadhouse, Inc.), Employment Agreement (Texas Roadhouse, Inc.)

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Six-Month Delay. Notwithstanding anything herein to the contrary, if the Executive is a “specified employee” within the meaning of Treasury Regulation Section 1.409A-1(i) (or any successor thereto) on his Termination Datethe Date of Termination, any payments hereunder under this Agreement that are triggered by termination of employment and which are not exempt as separation pay under Treasury Regulation Section 1.409A-1(b)(9) or as short-term deferral pay, shall not begin to be paid until six months after his Termination Datethe Date of Termination, and at that time, the Executive will receive in one lump sum payment of all the payments (without interest) that would have otherwise been paid to the Executive during the first six (6) months following the Executive’s Termination DateDate of Termination. The Company shall determine, consistent with any guidance issued under Code Section 409A, the portion of payments that are required to be delayed, if any.. ​

Appears in 6 contracts

Samples: Employment Agreement (Texas Roadhouse, Inc.), Employment Agreement (Texas Roadhouse, Inc.), Employment Agreement (Texas Roadhouse, Inc.)

Six-Month Delay. Notwithstanding anything herein to the contrary, if the Executive is a “specified employee” within the meaning of Treasury Regulation Section 1.409A-1(i) (or any successor thereto) on his Termination Date, any payments hereunder that are triggered by termination of employment and which are not exempt as separation pay under Treasury Regulation Section 1.409A-1(b)(9) or as short-term deferral pay, shall not begin to be paid until six months after his Termination Date, and at that time, the Executive will receive in one lump sum payment of all the payments that would have otherwise been paid to the Executive during the first six months following the Executive’s 's Termination Date. The Company shall determine, consistent with any guidance issued under Code Section 409A, the portion of payments that are required to be delayed, if any.

Appears in 6 contracts

Samples: Employment Agreement (Texas Roadhouse, Inc.), Employment Agreement (Texas Roadhouse, Inc.), 2018  employment Agreement (Texas Roadhouse, Inc.)

Six-Month Delay. Notwithstanding anything herein to the contrary, if the Executive is a “specified employee” within the meaning of Treasury Regulation Section 1.409A-1(i) (or any successor thereto) on his her Termination Date, any payments hereunder that are triggered by termination of employment and which are not exempt as separation pay under Treasury Regulation Section 1.409A-1(b)(9) or as short-term deferral pay, shall not begin to be paid until six months after his her Termination Date, and at that time, the Executive will receive in one lump sum payment of all the payments that would have otherwise been paid to the Executive during the first six months following the Executive’s Termination Date. The Company shall determine, consistent with any guidance issued under Code Section 409A, the portion of payments that are required to be delayed, if any.

Appears in 4 contracts

Samples: Employment Agreement (Texas Roadhouse, Inc.), Employment Agreement (Texas Roadhouse, Inc.), 2015 Employment Agreement (Texas Roadhouse, Inc.)

Six-Month Delay. Notwithstanding anything herein to the contrary, if the Executive is a “specified employee” within the meaning of Treasury Regulation Section 1.409A-1(i) (or any successor thereto) on his Termination Datethe Date of Termination, any payments hereunder under this Agreement that are triggered by termination of employment and which are not exempt as separation pay under Treasury Regulation Section 1.409A-1(b)(9) or as short-term deferral pay, shall not begin to be paid until six months after his Termination Datethe Date of Termination, and at that time, the Executive will receive in one lump sum payment of all the payments (without interest) that would have otherwise been paid to the Executive during the first six (6) months following the Executive’s Termination DateDate of Termination. The Company shall determine, consistent with any guidance issued under Code Section 409A, the portion of payments that are required to be delayed, if any.

Appears in 2 contracts

Samples: Employment Agreement (Texas Roadhouse, Inc.), Employment Agreement (Texas Roadhouse, Inc.)

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Six-Month Delay. Notwithstanding anything herein to the contrary, if the Executive is a “specified employee” within the meaning of Treasury Regulation Section 1.409A-1(i) (or any successor thereto) on his her Termination Date, any payments hereunder that are triggered by termination of employment and which are not exempt as separation pay under Treasury Regulation Section 1.409A-1(b)(9) or as short-term deferral pay, shall not begin to be paid until six months after his her Termination Date, and at that time, the Executive will receive in one lump sum payment of all the payments that would have otherwise been paid to the Executive during the first six months following the Executive’s 's Termination Date. The Company shall determine, consistent with any guidance issued under Code Section 409A, the portion of payments that are required to be delayed, if any.

Appears in 2 contracts

Samples: 2018 Employment Agreement (Texas Roadhouse, Inc.), 2018  employment Agreement (Texas Roadhouse, Inc.)

Six-Month Delay. Notwithstanding anything herein to the contrary, if the Executive is a “specified employee” within the meaning of Treasury Regulation Section 1.409A-1(i) (or any successor ​ TXRH Executive Employment Agreement – XXXXXX thereto) on his Termination Datethe Date of Termination, any payments hereunder under this Agreement that are triggered by termination of employment and which are not exempt as separation pay under Treasury Regulation Section 1.409A-1(b)(9) or as short-term deferral pay, shall not begin to be paid until six months after his Termination Datethe Date of Termination, and at that time, the Executive will receive in one lump sum payment of all the payments (without interest) that would have otherwise been paid to the Executive during the first six (6) months following the Executive’s Termination DateDate of Termination. The Company shall determine, consistent with any guidance issued under Code Section 409A, the portion of payments that are required to be delayed, if any.. ​

Appears in 2 contracts

Samples: Employment Agreement (Texas Roadhouse, Inc.), Employment Agreement (Texas Roadhouse, Inc.)

Six-Month Delay. Notwithstanding anything herein in this Agreement to the contrary, if the Executive is a "specified employee" within the meaning of Treasury Regulation Section 1.409A-1(i) (or any successor thereto) on his Termination Datetermination of employment, any payments hereunder that are triggered by Executive's termination of employment and which that are not exempt as separation pay under Treasury Regulation Regulations Section 1.409A-1(b)(9) or as short-term deferral paypay or otherwise exempt from Code Section 409A, shall not begin to be paid until the earlier to occur of Executive's death or the date that is six months and one day after his Termination Datetermination of employment, and at that time, the Executive will receive in one lump sum payment all of all the payments severance payment that would have otherwise been paid to the Executive during the first six months following the Executive’s Termination Datehis termination of employment. The Company shall determine, consistent with any guidance issued under Code Section 409A, the portion of severance payments that are required to be delayed, if any.

Appears in 1 contract

Samples: Beacon Enterprise Solutions (Beacon Enterprise Solutions Group Inc)

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