Common use of Timing of Release of Claims Clause in Contracts

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Executive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 60 days after the Date of Termination; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Executive is not permitted to influence the calendar year of payment based on the timing of her signing of the release.

Appears in 2 contracts

Samples: Employment Agreement (Southside Bancshares Inc), Employment Agreement (Southside Bancshares Inc)

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Timing of Release of Claims. Whenever in this Agreement a the provision of payment or benefit is conditioned on Executive’s execution and non-revocation of a release of claims, such release release, must be executed executed, and all revocation periods shall have expired expired, within 60 days after the Date date of Terminationtermination of Executive’s employment; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Executive is not permitted to influence the calendar year of payment based on the timing of her his signing of the release.

Appears in 2 contracts

Samples: Employment Agreement (Superior Industries International Inc), Employment Agreement (Superior Industries International Inc)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Executive’s execution of a release of claimsRelease, such release Release must be executed and all revocation periods shall have expired within 60 37 days after the Date date of Terminationtermination; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Nonnon-Exempt Deferred Compensationexempt deferred compensation for purpose of the Section 409A Guidance, and if such 6037-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release Release becomes irrevocable in the first such calendar year. In other words, Executive is not permitted to influence the calendar year of payment based on the timing of her his signing of the releaseRelease.

Appears in 1 contract

Samples: Restricted Stock Agreement (Immucor Inc)

Timing of Release of Claims. Whenever in this Agreement a the provision of payment or benefit is conditioned on Executive’s execution and non-revocation of a release of claims, such release release, must be executed executed, and all revocation periods shall have expired expired, within 60 thirty (30) days after the Date date of Terminationtermination of Executive’s employment; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-thirty (30) day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Executive is not permitted to influence the calendar year of payment based on the timing of her his signing of the release.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Superior Industries International Inc)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Executive’s execution of a release of claims, such release must be executed executed, and all revocation periods shall have expired expired, within 60 sixty (60) days after the Date date of Termination; termination of Executive’s employment, failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Executive is not permitted to influence the calendar year of payment based on the timing of her signing of the release.

Appears in 1 contract

Samples: Employment Agreement (Toys R Us Inc)

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Timing of Release of Claims. Whenever in this Agreement a the provision of payment or benefit is conditioned on Executive’s execution and non-revocation of a release of claims, such release must be (i) presented by the Company to Executive within 14 days after termination of Executive’s employment and (ii) executed by Executive, and all revocation periods shall have expired expired, within 60 days after the Date date of Termination; failing which such payment or benefit shall be forfeitedtermination of Executive’s employment. If such payment or benefit constitutes Nonnon-Exempt Deferred Compensationexempt deferred compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Executive is not permitted to influence the calendar year of payment based on the timing of her his signing of the release.

Appears in 1 contract

Samples: Employment Agreement (Mohawk Industries Inc)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Executive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within 60 days after the Date of TerminationExecutive’s Separation from Service; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Executive is not permitted to influence the calendar year of payment based on the timing of her signing of the release.

Appears in 1 contract

Samples: Employment Agreement (Popeyes Louisiana Kitchen, Inc.)

Timing of Release of Claims. Whenever in this Agreement a the provision of payment or benefit is conditioned on Executive’s 's execution and non-revocation of a release of claims, such release release, must be executed executed, and all revocation periods shall have expired expired, within 60 days after the Date date of Terminationtermination of Executive's employment; failing which such payment or benefit shall be forfeited. If such payment or benefit constitutes Non-Exempt Deferred Compensation, and if such 60-day period begins in one calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second such calendar year, even if the release becomes irrevocable in the first such calendar year. In other words, Executive is not permitted to influence the calendar year of payment based on the timing of her his signing of the release.

Appears in 1 contract

Samples: Employment Agreement (Superior Industries International Inc)

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