Common use of Specified Employee Clause in Contracts

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if Employee is deemed by the Company at the time of Employee’s Separation from Service to be a “specified employee” for purposes of Section 409A, to the extent delayed commencement of any portion of the benefits to which Employee is entitled under this Agreement is required in order to avoid a prohibited distribution under Section 409A, such portion of Employee’s benefits shall not be provided to Employee prior to the earlier of (A) the expiration of the six (6)-month period measured from the date of Employee’s Separation from Service with the Company or (B) the date of Employee’s death. Upon the first business day following the expiration of the applicable Section 409A period, all payments deferred pursuant to the preceding sentence shall be paid in a lump sum to Employee (or Employee’s estate or beneficiaries), and any remaining payments due to Employee under this Agreement shall be paid as otherwise provided herein.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if Employee is deemed by the Company at the time of Employee’s Separation from Service to be a “specified employee” for purposes of Section 409A, to the extent delayed commencement of any portion of the benefits to which Employee is entitled under this Agreement is required in order to avoid a prohibited distribution under Section 409A, such portion of Employee’s benefits shall not be provided to Employee prior to the earlier of (Ai) the expiration of the six (6)-month six-month period measured from the date of Employee’s Separation from Service with the Company or (Bii) the date of Employee’s death. Upon the first business day following the expiration of the applicable Section 409A period, all payments deferred pursuant to the preceding sentence shall be paid in a lump sum to Employee (or Employee’s estate or beneficiaries), and any remaining payments due to Employee under this Agreement shall be paid as otherwise provided herein.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if If Employee is deemed by the Company at the time of Employee’s Separation from Service to be a “specified employee” for purposes of Section 409A409A(a)(2)(B)(i) of the Code, to the extent delayed commencement of any portion of the benefits to which Employee is entitled under this the Agreement is required in order to avoid a prohibited distribution under Section 409A409A(a)(2)(B)(i) of the Code, such portion of Employee’s benefits shall not be provided to Employee prior to the earlier of (Ai) the expiration of the six (6)-month six-month period measured from the date of the Employee’s Separation from Service with the Company or (Bii) the date of Employee’s death. Upon the first business day following the expiration of the applicable Code Section 409A 409A(a)(2)(B)(i) period, all payments deferred pursuant to the preceding sentence this Section shall be paid in a lump sum to Employee (or Employee’s estate or beneficiaries), and any remaining payments due to Employee under this the Agreement shall be paid as otherwise provided herein.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if Employee is deemed by the Company at the time of Employee’s Separation from Service to be a “specified employee” for purposes of Section 409A, to the extent delayed commencement of any portion of the benefits to which Employee is entitled under this Agreement is required in order to avoid a prohibited distribution under Section 409A, such portion of Employee’s benefits shall not be provided to Employee prior to the earlier of (Ai) the expiration of the six (6)-month six-month period measured from the date of Employee’s Separation from Service with the Company or (Bii) the date of Employee’s death. Upon the first business day following the expiration of the applicable Section 409A perioddelay period described in the preceding sentence, all payments deferred pursuant to the preceding sentence shall be paid in a lump sum to Employee (or Employee’s estate or beneficiaries), and any remaining payments due to Employee under this Agreement shall be paid as otherwise provided herein.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if Employee is deemed by the Company Employer at the time of Employee’s Separation from Service to be a “specified employee” for purposes of Section 409A, to the extent delayed commencement of any portion of the benefits to which Employee is entitled under this Agreement is required in order to avoid a prohibited distribution under Section 409A, such portion of Employee’s benefits shall not be provided to Employee prior to the earlier of (Ai) the expiration of the six (6)-month six-month period measured from the date of Employee’s Separation from Service with the Company Employer or (Bii) the date of Employee’s death. Upon the first business day following the expiration of the applicable Section 409A period, all payments deferred pursuant to the preceding sentence shall be paid in a lump sum to Employee (or Employee’s estate or beneficiaries), and any remaining payments due to Employee under this Agreement shall be paid as otherwise provided herein.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if Employee is deemed by the Company at the time of Employee’s Separation from Service to be a “specified employee” for purposes of Section 409A409A(a)(2)(B)(i), to the extent delayed commencement of any portion of the benefits payments to which Employee is entitled under this Agreement is required in order to avoid a prohibited distribution under Section 409A, such portion of Employee’s benefits payments shall not be provided made (without interest) to Employee prior to the earlier of (Ai) the expiration of the six (6)-month six-month period measured from the date of Employee’s Separation from Service with the Company or (Bii) the date of Employee’s death. Upon the end of the first business day following payroll period during which the expiration of the applicable Section 409A periodperiod occurs, all payments deferred pursuant to the preceding sentence shall be paid in a lump sum to Employee (or Employee’s estate or beneficiaries), and any remaining payments due to Employee under this Agreement shall be paid as otherwise provided herein.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if Employee is deemed by the Company at the time of Employee’s Separation from Service to be a “specified employeeEmployee” for purposes of Section 409A, to the extent delayed commencement of any portion of the benefits to which Employee is entitled under this Agreement is required in order to avoid a prohibited distribution under Section 409A, such portion of Employee’s benefits shall not be provided to Employee prior to the earlier of (Ai) the expiration of the six (6)-month six-month period measured from the date of Employee’s Separation from Service with the Company or (Bii) the date of Employee’s death. Upon the first business day following the expiration of the applicable Section 409A period, all payments deferred pursuant to the preceding sentence shall be paid in a lump sum to Employee (or Employee’s estate or beneficiaries), and any remaining payments due to Employee under this Agreement shall be paid as otherwise provided herein.

Specified Employee. Notwithstanding anything in this Agreement any provision herein to the contrary, if Employee is deemed by the Company at the time of Employee’s Separation from Service to be a “specified employee” for purposes of Section 409A409A(a)(2)(B)(i), to the extent delayed commencement of any portion of the benefits to which Employee is entitled under this Agreement is required in order to avoid a prohibited distribution under Section 409A409A(a)(2)(B)(i), such portion of Employee’s benefits shall will not be provided to Employee prior to the earlier of (Ai) the expiration of the six (6)-month six-month period measured from the date of Employee’s Separation from Service with the Company or (Bii) the date of Employee’s death. Upon the first business day following the expiration of the applicable Section 409A 409A(a)(2)(B)(i) period, all payments deferred pursuant to the preceding sentence shall will be paid in a lump sum to Employee (or Employee’s estate or beneficiaries), and any remaining payments due to Employee under this Agreement shall will be paid as otherwise provided herein.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if Employee is deemed by the Company at the time of Employee’s Separation from Service to be a “specified employee” for purposes of Section 409A, to the extent delayed commencement of any portion of the benefits to which Employee is entitled under this Agreement is required in order to avoid a prohibited distribution under Section 409A, such portion of Employee’s benefits shall not be provided to Employee prior to the earlier of (Ai) the expiration of the six (6)-month period measured from the date of Employee’s Separation from Service with the Company or (Bii) the date of Employee’s death. Upon the first business day following the expiration of the applicable Section 409A period, all payments deferred pursuant to the preceding sentence shall be paid in a lump sum to Employee (or Employee’s estate or beneficiaries), and any remaining payments due to Employee under this Agreement shall be paid as otherwise provided herein.

Specified Employee. Notwithstanding anything in this Agreement to the contrary, if Employee Executive is deemed by the Company at the time of EmployeeExecutive’s Separation from Service to be a “specified employee” for purposes of Section 409A, to the extent delayed commencement of any portion of the benefits to which Employee Executive is entitled under this Agreement in connection with a Separation from Service is required in order to avoid a prohibited distribution under Section 409A, such portion of EmployeeExecutive’s benefits shall not be provided to Employee Executive prior to the earlier of (A) the expiration of the six (6)-month six-month period measured from the date of EmployeeExecutive’s Separation from Service with the Company or (B) the date of EmployeeExecutive’s death. Upon the first business day following the expiration of the applicable Section 409A perioddelay period determined under (A) or (B) of this clause (iii), all payments deferred pursuant to the preceding sentence shall be paid in a lump sum to Employee Executive (or EmployeeExecutive’s estate or beneficiaries), without interest, and any remaining payments due to Employee Executive under this Agreement shall be paid as otherwise provided herein.