Common use of Payments Subject to Section 409A Clause in Contracts

Payments Subject to Section 409A. (a) Subject to this Section 4.3, payments or benefits under Section 4.1 shall begin only upon the date of a “separation from service” of the Executive (determined as set forth below) that occurs on or after the termination of the Executive’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Executive under Section 4.1:

Appears in 14 contracts

Samples: Executive Severance Agreement (Constant Contact, Inc.), Executive Severance Agreement (Constant Contact, Inc.), Executive Severance Agreement (Constant Contact, Inc.)

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Payments Subject to Section 409A. (a) Subject to this Section 4.35.6, payments or benefits under Section 4.1 5 shall begin only upon the date of a “separation from service” of the Executive (determined as set forth below) that which occurs on or after the termination of the Executive’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Executive under Section 4.15, as applicable:

Appears in 10 contracts

Samples: Employment Agreement (Sepracor Inc /De/), Employment Agreement (Sepracor Inc /De/), Employment Agreement (Sepracor Inc /De/)

Payments Subject to Section 409A. (a) Subject to this Section 4.3, payments or benefits under Section 4.1 shall begin only upon the date of a “separation from service” of the Executive (determined as set forth below) that which occurs on or after the termination of the Executive’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Executive under Section 4.1, as applicable:

Appears in 8 contracts

Samples: Executive Change in Control Retention Agreement (Thermo Fisher Scientific Inc.), Control Retention Agreement (Thermo Fisher Scientific Inc.), Executive Change in Control Retention Agreement (Thermo Fisher Scientific Inc.)

Payments Subject to Section 409A. (ai) Subject to this Section 4.34.2(c), payments or benefits under Section 4.1 4.2(a) shall begin only upon the date of a “separation from service” of the Executive (determined as set forth below) that occurs on or after the termination of the Executive’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Executive under Section 4.1:4.2(a):

Appears in 6 contracts

Samples: Executive Retention Agreement (Tangoe Inc), Executive Retention Agreement (Tangoe Inc), Executive Retention Agreement (Tangoe Inc)

Payments Subject to Section 409A. (a) Subject to this Section 4.35.6, payments or benefits under Section 4.1 5 shall begin only upon the date of a "separation from service" of the Executive (determined as set forth below) that which occurs on or after the termination of the Executive’s 's employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Executive under Section 4.15, as applicable:

Appears in 2 contracts

Samples: Employment Agreement (Sepracor Inc /De/), Employment Agreement (Sepracor Inc /De/)

Payments Subject to Section 409A. (a) Subject to this Section 4.35.7, payments or benefits under Section 4.1 5 shall begin only upon the date of a “separation from service” of the Executive (determined as set forth below) that which occurs on or after the termination of the Executive’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Executive under Section 4.15, as applicable:

Appears in 2 contracts

Samples: Employment Agreement (Sepracor Inc /De/), Employment Agreement (Sepracor Inc /De/)

Payments Subject to Section 409A. (a) Subject to this Section 4.36, payments or benefits under Section 4.1 4 shall begin only upon the date of a “separation from service” of the Executive (determined as set forth below) that which occurs on or after the termination of the Executive’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Executive under Section 4.14, as applicable:

Appears in 2 contracts

Samples: Executive Retention Agreement (Penwest Pharmaceuticals Co), Executive Retention Agreement (Penwest Pharmaceuticals Co)

Payments Subject to Section 409A. (a) Subject to this Section 4.3, payments or benefits under Section 4.1 shall begin only upon the date of a "separation from service" of the Executive (determined as set forth below) that occurs on or after the termination of the Executive’s 's employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Executive under Section 4.1:

Appears in 1 contract

Samples: Executive Severance Agreement (Endurance International Group Holdings, Inc.)

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Payments Subject to Section 409A. (a) Subject to this Section 4.3, payments or benefits under Section 4.1 shall begin only upon the date of a “separation from service” of the Executive (determined as set forth below5/15/08 Officer Form Page 00 xx 00 xxxxx xxxxx) that which occurs on or after the termination of the Executive’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Executive under Section 4.1, as applicable:

Appears in 1 contract

Samples: Control Retention Agreement (Thermo Fisher Scientific Inc.)

Payments Subject to Section 409A. (a) Subject to this Section 4.322, payments or benefits under Section 4.1 10 shall begin only upon the date of a “separation from service” of the Executive (determined as set forth below) that which occurs on or after the termination of the Executive’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Executive under Section 4.110, as applicable:

Appears in 1 contract

Samples: Employment and Confidentiality Agreement (Savient Pharmaceuticals Inc)

Payments Subject to Section 409A. (a) Subject to this Section 4.33.2, payments or benefits under Section 4.1 3.1 shall begin only upon the date of a “separation from service” of the Executive (determined as set forth below) that which occurs on or after the termination of the Executive’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Executive under Section 4.13.1, as applicable:

Appears in 1 contract

Samples: Executive Change in Control Retention Agreement (Thermo Fisher Scientific Inc.)

Payments Subject to Section 409A. (a) Subject to this Section 4.34.4, payments or benefits under Section 4.1 Sections 3.1 and 4.2.2 shall begin only upon the date of a “separation from service” of the Executive (determined as set forth below) that which occurs on or after the termination of the Executive’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Executive under Section 4.1Sections 3.1 and 4.2.2, as applicable:

Appears in 1 contract

Samples: Release Agreement (Bookham, Inc.)

Payments Subject to Section 409A. (a) Subject to this Section 4.34.4, payments or benefits under Section 4.1 4.2 shall begin only upon the date of a “separation from service” of the Executive (determined as set forth below) that which occurs on or after the termination of the Executive’s employment. The following rules shall apply with respect to distribution of the payments and benefits, if any, to be provided to the Executive under Section 4.14.2, as applicable:

Appears in 1 contract

Samples: Executive Retention Agreement (Starent Networks, Corp.)

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