The Accrued Benefits. (ii) Continued payment of Executive’s Base Salary (but not as an employee) for a period of 12 months commencing on the date of termination or such later date provided for under Section 409A without triggering adverse tax consequences to Executive under Section 409A; provided, however, that if such payments commence more than 30 days following the date of termination, the first such payment shall equal the sum of all payments that would have been made from the date of termination to the date of such first payment were it not for the delay in payment for Section 409A purposes.
The Accrued Benefits. (d) Upon termination of Executive's employment by reason of Retirement, Executive shall be entitled to:
The Accrued Benefits. (iii) An amount equal to the greater of (x) Executive's Base Salary at its highest annual rate during the one year period prior to such Nonqualifying Event and (y) the sum of (A) 50% of such Base Salary plus (B) the product of 1/12 of such Base Salary times Executive's full and partial years of employment with the Company ("Years of Service") (such greater amount, the "Basic Termination Benefit"), which such Benefit shall be payable in cash in equal installments at the times and in accordance with the applicable Company payroll system over a period of months equal to the greater of (C) 12 and (D) the sum of 6 plus Executive's Years of Service (the greater of (C) and (D), the "Payment Period");
The Accrued Benefits. 6.3.2 subject to Executive’s continued compliance with the obligations in Sections 4, 7 and 9 hereof, an amount equal to Executive’s monthly Base Salary rate (but not as an employee), paid monthly for the Severance Period; provided that to the extent that the payment of any amount constitutes “nonqualified deferred compensation” for purposes of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), any such payment scheduled to occur during the first sixty (60) days following the termination of employment will not be paid until the first regularly scheduled pay period following the sixtieth (60th) day following such termination and will include payment of any amount that was otherwise scheduled to be paid prior thereto. As used herein, the Severance Period shall equal one (1) month for each full year of employment with the Company, not to exceed twelve (12) months.
The Accrued Benefits. For the avoidance of doubt, upon termination of Executive’s employment due to death or Disability, the Initial Options, the Initial RSUs, and, if applicable, the First Annual Award shall fully vest and, in the case of death, any options attributable to the Awards shall continue to be exercisable for 12 months following death and, in the case of disability, shall continue to be exercisable for 60 months following the date of Disability. Anything herein, or in any other plan, program or arrangement of the Company, notwithstanding, the entitlements set forth in the preceding sentence shall apply whether death or Disability occurs during or following the first 12 months from the date of any such Award grant.