Treatment of Each Installment as a Separate Payment Sample Clauses

Treatment of Each Installment as a Separate Payment. For purposes of applying the provisions of Section 409A to this Agreement, each separately identified amount to which the Executive is entitled under this Agreement shall be treated as a separate payment. In addition, to the extent permissible under Section 409A, any series of installment payments under this Agreement shall be treated as a right to a series of separate payments.
Treatment of Each Installment as a Separate Payment. For purposes of applying the provisions of Section 409A to this Agreement, each separately identified amount to which Employee is entitled under this Agreement shall be treated as a separate payment. In addition, to the extent permissible under Section 409A, any series of installment payments under this Agreement shall be treated as a right to a series of separate payments. [signatures appear on following page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CYALUME TECHNOLOGIES, INC., a Delaware corporation By: /s/ Zivi Nedivi Name: Zivi Nedivi Title: Chief Executive Officer EDGAR E. CRANOR /s/ Edgar E. Cranor
Treatment of Each Installment as a Separate Payment. For purposes of applying the provisions of Code Section 409A to this Agreement, each separately identified amount to which the Employee is entitled under this Agreement shall be treated as a separate payment. In addition, to the extent permissible under Code Section 409A, any series of installment payments under this Agreement shall be treated as a right to a series of separate payments. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day, month and year first above written.     EMPLOYEE:   /s/ Erick A. Fernandez  Print Name: Erick A. Fernandez      COMPANY:   FEDERATED NATIONAL HOLDING  COMPANY, a Florida corporation   By: /s/ Michael H. Braun  Name: Michael H. Braun  Title: CEO and President    APPENDIX A 
Treatment of Each Installment as a Separate Payment. For purposes of applying the provisions of Code Section 409A to this Agreement, each separately identified amount to which the Sub-Manager is entitled under this Agreement shall be treated as a separate payment. In addition, to the extent permissible under Code Section 409A, any series of installment payments under this Agreement shall be treated as a right to a series of separate payments.[Signature page follows.] H-12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.ARMOUR RESIDENTIAL MANAGEMENT, LLCBy: Name: Jeffrey J. Zimmer Title: Managing Partner STATON BELL BLANK CHECK LLCBy: Name: Title: ARMOUR RESIDENTIAL REIT, INC., solely with respect to Sections 1, 6(a), 9(b), 11(a), 11(b), 11(e), 14(a), 14(b), 15, and 18 through 32By: Name: Jeffrey J. Zimmer Title: Chairman, Co-CEO & President JEFFREY J. ZIMMER, solely with respect to Sections 1, 9, 11(a), 14(a), 15(a), 18 through 30, and 32By: Name: Jeffrey J. Zimmer
Treatment of Each Installment as a Separate Payment. For purposes of applying the provisions of Section 409A to this Agreement, each separately identified amount to which the Executive is entitled under this Agreement shall be treated as a separate payment. In addition, to the extent permissible under Section 409A, any series of installment payments under this Agreement shall be treated as a right to a series of separate payments. 4.5Severability. It is mutually agreed and understood by the parties that should any of the restrictions and covenants contained in Article 3 be determined by any court of competent jurisdiction to be invalid by virtue of being vague, overly broad, unreasonable as to time, territory or otherwise, then the Agreement shall be amended retroactive to the date of its execution to include the terms and conditions which such court deems to be reasonable and in conformity with the original intent of the parties and the parties hereto consent that under such circumstances, such court shall have the power and authority to determine what is reasonable and in conformity with the original intent of the parties to the extent that such restrictions and covenants are enforceable. In the event any other provision of this Agreement shall be held illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining parts of the Agreement, and the Agreement shall be construed and enforced as if the illegal or invalid provision had not been included. 4.6Modification. No provision of this Agreement may be modified, waived, or discharged unless such modification, waiver, or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company on the Company’s behalf, or by the respective parties’ legal representations and successors. 4.7Dispute Resolution & Applicable Law. All disputes regarding this agreement shall resolved by arbitration to be administered by the American Association of Arbitration. To the extent not preempted by the laws of the United States, the terms and provisions of this agreement are governed by and shall be interpreted in accordance with, the laws of Texas, without giving effect to any choice of law principles. 4.8Legal Fees and Expenses. The prevailing party any arbitration to enforce the terms of this Agreement shall be entitled to recover reasonable costs and expenses, including attorneys' fees. 4.9Successors and Assigns. This Agreement shall inure to the benefit of and be enforceable by the Company's successors and...
Treatment of Each Installment as a Separate Payment. For purposes of applying the provisions of Section 409A, each separately identified amount to which Denton is entitled under the Letter Agreement, the Letter Agreement Amendment, the 2003 SERP or this Separation Agreement shall be treated as a separate payment. In addition, to the extent permissible under Section 409A, any series of installment payments under the Letter Agreement or the Letter Agreement Amendment shall be treated as a right to a series of separate payments.