Common use of Delayed Payments Clause in Contracts

Delayed Payments. (i) Notwithstanding any other payment schedule provided herein to the contrary, if, and only if, Executive is deemed on the Termination Date to be a “specified employee” within the meaning of that term under section 409A(a)(2)(B) of the Code, then the terms of this Section 9(c) shall apply as required by section 409A of the Code. Any payment that is considered deferred compensation under section 409A of the Code payable on account of a “separation from service” shall be made on the date which is the earlier of (y) the expiration of the six (6) month period measured from the date of such “separation from service” of Executive or (z) the date of Executive’s death (the “Delay Period”) to the extent required under section 409A of the Code. Upon the expiration of the Delay Period, all payments delayed pursuant to the immediately preceding sentence (whether they otherwise would have been payable in a single sum or in installments in the absence of such delay) shall be paid to Executive in a lump sum by the Company, and all remaining payments due under this Agreement shall be paid or provided in accordance with the normal payment dates specified for them herein; and

Appears in 4 contracts

Samples: Employment Agreement (Heritage Global Inc.), Employment Agreement (Heritage Global Inc.), Employment Agreement (Counsel RB Capital Inc.)

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Delayed Payments. (i) Notwithstanding any other payment schedule provided herein to the contrary, if, and only if, Executive is deemed on the Termination Date to be a “specified employee” within the meaning of that term under section 409A(a)(2)(B) of the Code, then the terms of this Section 9(c) shall apply as required by section 409A of the Code. Any payment that is considered deferred compensation under section 409A of the Code payable on account of a “separation from service” shall be made on the date which is the earlier of (y) the expiration of the six (6) month period measured from the date of such “separation from service” of Executive or (z) the date of Executive’s death (the “Delay Period”) to the extent required under section 409A of the Code. Upon the expiration of the Delay Period, all payments delayed pursuant to the immediately preceding sentence (whether they otherwise would have been payable in a single sum or in installments in the absence of such delay) shall be paid to Executive in a lump sum by the Company, and all remaining payments due under this Agreement shall be paid or provided in accordance with the normal payment dates specified for them herein; and

Appears in 3 contracts

Samples: Employment Agreement (Heritage Global Inc.), Employment Agreement (Heritage Global Inc.), Employment Agreement (Heritage Global Inc.)

Delayed Payments. (i) Notwithstanding any other payment schedule provided herein to the contrary, if, and only if, Executive is deemed on the Termination Date to be a “specified employee” within the meaning of that term under section Code Section 409A(a)(2)(B) of the Code), then the terms of this Section 9(c) 17.C shall apply as required by section 409A of the Code. Code Section 409A. Any payment that is considered deferred compensation under section Code Section 409A of the Code payable on account of a “separation from service” shall be made on the date which is the earlier of (y) the expiration of the six (6) month period measured from the date of such “separation from service” of Executive or (z) the date of Executive’s death (the “Delay Period”) to the extent required under section 409A of the Code. Section 409A. Upon the expiration of the Delay Period, all payments delayed pursuant to the immediately preceding sentence (whether they otherwise would have been payable in a single sum or in installments in the absence of such delay) shall be paid to Executive in a lump sum by the Company, and all remaining payments due under this Agreement shall be paid or provided in accordance with the normal payment dates specified for them herein; and

Appears in 2 contracts

Samples: Employment Agreement (National Health Investors Inc), Employment Agreement (National Health Investors Inc)

Delayed Payments. (i) Notwithstanding any other payment schedule provided herein to the contrary, if, and only if, Executive is deemed on the Termination Date to be a “specified employee” within the meaning of that term under section Section 409A(a)(2)(B) of the Code), then the terms of this Section 9(c) 17.C shall apply as required by section 409A of the Code. Section 409A. Any payment that is considered deferred compensation under section Section 409A of the Code payable on account of a “separation from service” shall be made on the date which is the earlier of (y) the expiration of the six (6) month period measured from the date of such “separation from service” of Executive or (z) the date of Executive’s death (the “Delay Period”) to the extent required under section 409A of the Code. Section 409A. Upon the expiration of the Delay Period, all payments delayed pursuant to the immediately preceding sentence (whether they otherwise would have been payable in a single sum or in installments in the absence of such delay) shall be paid to Executive in a lump sum by the Company, and all remaining payments due under this Agreement shall be paid or provided in accordance with the normal payment dates specified for them herein; and

Appears in 2 contracts

Samples: Employment Agreement (National Health Investors Inc), Employment Agreement (National Health Investors Inc)

Delayed Payments. (i) Notwithstanding any other payment schedule provided herein to the contrary, if, and only if, the Executive is deemed on the Termination Date her termination date to be a “specified employee” within the meaning of that term under section 409A(a)(2)(B) of the Code, then the terms of this Section 9(c) Subsection shall apply as required by section 409A of the Code. Section 409A. Any payment that is considered deferred compensation under section Section 409A of the Code payable on account of a “separation from service” shall be made on the date which that is the earlier of (y) the expiration of the six (6) month period measured from the date of such “separation from service” of the Executive or (z) the date of the Executive’s death (the “Delay Period”) to the extent required under section 409A of the Code. and in accordance with Section 409A. Upon the expiration of the Delay Period, all payments delayed pursuant to the immediately preceding sentence (whether they otherwise would have been payable in a single sum or in installments in the absence of such delay) shall be paid to the Executive in a lump sum by the Company, and all remaining payments due under this Agreement shall be paid or provided in accordance with the normal payment dates specified for them herein; and.

Appears in 1 contract

Samples: Employment Agreement (Diversicare Healthcare Services, Inc.)

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Delayed Payments. (i) Notwithstanding any other payment schedule provided herein to the contrary, if, and only if, the Executive is deemed on the Termination Date his termination date to be a “specified employee” within the meaning of that term under section 409A(a)(2)(B) of the Code, then the terms of this Section 9(c) Subsection shall apply as required by section 409A of the Code. Section 409A. Any payment that is considered deferred compensation under section Section 409A of the Code payable on account of a “separation from service” shall be made on the date which that is the earlier of (y) the expiration of the six (6) 504214-1 month period measured from the date of such “separation from service” of the Executive or (z) the date of the Executive’s death (the “Delay Period”) to the extent required under section 409A of the Code. and in accordance with Section 409A. Upon the expiration of the Delay Period, all payments delayed pursuant to the immediately preceding sentence (whether they otherwise would have been payable in a single sum or in installments in the absence of such delay) shall be paid to the Executive in a lump sum by the Company, and all remaining payments due under this Agreement shall be paid or provided in accordance with the normal payment dates specified for them herein; and.

Appears in 1 contract

Samples: Employment Agreement (Diversicare Healthcare Services, Inc.)

Delayed Payments. (i) Notwithstanding any other payment schedule provided herein to the contrary, if, and only if, the Executive is deemed on the Termination Date his termination date to be a “specified employee” within the meaning of that term under section 409A(a)(2)(B) of the Code, then the terms of this Section 9(c) Subsection shall apply as required by section 409A of the Code. Section 409A. Any payment that is considered deferred compensation under section Section 409A of the Code payable on account of a “separation from service” shall be made on the date which that is the earlier of (y) the expiration of the six (6) month period measured from the date of such “separation from service” of the Executive or (z) the date of the Executive’s death (the “Delay Period”) to the extent required under section 409A of the Code. and in accordance with Section 409A. Upon the expiration of the Delay Period, all payments delayed pursuant to the immediately preceding sentence (whether they otherwise would have been payable in a single sum or in installments in the absence of such delay) shall be paid to the Executive in a lump sum by the Company, and all remaining payments due under this Agreement shall be paid or provided in accordance with the normal payment dates specified for them herein; and.

Appears in 1 contract

Samples: Employment Agreement (Diversicare Healthcare Services, Inc.)

Delayed Payments. (i) Notwithstanding any other payment schedule provided herein to the contrary, if, and only if, Executive Xxxxxx is deemed on the Termination Date his termination date to be a “specified employee” within the meaning of that term under section 409A(a)(2)(B) of the Code, then the terms of this Section 9(c) Subsection shall apply as required by section 409A of the Code. Section 409A. Any payment that is considered deferred compensation under section Section 409A of the Code payable on account of a “separation from service” shall be made on the date which that is the earlier of (y) the expiration of the six (6) month period measured from the date of such “separation from service” of Executive Xxxxxx or (z) the date of Executive’s Xxxxxx’x death (the “Delay Period”) to the extent required under section 409A of the Code. Section 409A. Upon the expiration of the Delay Period, all payments delayed pursuant to the immediately preceding sentence (whether they otherwise would have been payable in a single sum or in installments in the absence of such delay) shall be paid to Executive Xxxxxx in a lump sum by the Company, and all remaining payments due under this Agreement shall be paid or provided in accordance with the normal payment dates specified for them herein; and.

Appears in 1 contract

Samples: Retention Bonus Agreement (Advocat Inc)

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