Common use of Six-Month Delay in Certain Circumstances Clause in Contracts

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, as required by Section 409A, if the severance payments under subsection 4(d)(i), whether payable by reason of subsections 4(b), (d) or (e), or any other Termination Benefit, become payable or distributable under this Agreement by reason of Executive’s separation from service during a period in which he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by the Company under Treas. Reg. Section 1.409A-3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes), the amount of such severance payment or other Termination Benefit that would otherwise be payable during the six-month period immediately following Executive’s separation from service will be accumulated and Executive’s right to receive payment or distribution of such accumulated amount will be delayed until the earlier of (i) a date no later than thirty (30) days following Executive’s death or (ii) the first day of the seventh month following Executive’s separation from service, whereupon the accumulated amount will be paid or distributed to Executive on such date and the normal payment or distribution schedule for any remaining payments or distributions will resume.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, as required by Section 409A, if the severance payments under subsection 4(d)(i), whether payable by reason of subsections 4(b), (d) any amount or (e), or any other Termination Benefit, become benefit that would constitute Non-Exempt Deferred Compensation would otherwise be payable or distributable under this Agreement by reason of Executive’s separation from service during a period in which he Executive is a Specified Employee specified employee (as defined belowdetermined by Employer in accordance with Section 409A of the Code and Treasury Regulations § 1.409A-3(i)(2)), then, subject to any permissible acceleration of payment by the Company Employer under Treas. Reg. Section 1.409A-3(j)(4)(ii1.409A- 3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes), ): (i) the amount of such severance payment or other Termination Benefit Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following Executive’s separation from service will be accumulated through and Executive’s right to receive payment paid or distribution of such accumulated amount will be delayed until the earlier of (i) a date no later than thirty (30) days following Executive’s death or (ii) provided on the first day of the seventh month following Executive’s separation from serviceservice (or, whereupon if Executive dies during such period, within 30 days after Executive’s death) (in either case, the accumulated amount will be paid or distributed to Executive on such date “Required Delay Period”); and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resumeresume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, as required by Section 409A, if the severance payments under subsection 4(d)(i), whether payable by reason of subsections 4(b), (d) any amount or (e), or any other Termination Benefit, become benefit that would constitute Non-Exempt LEGAL02/43756981v3 Deferred Compensation would otherwise be payable or distributable under this Agreement by reason of Executive’s Executive ‘ s separation from service during a period in which he Executive is a Specified Employee specified employee (as defined belowdetermined by Employer in accordance with Section 409A of the Code and Treasury Regulations 1.409A-3(i)(2)), then, subject to any permissible acceleration of payment by the Company Employer under Treas. Reg. Section 1.409A-3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes), ): (i) the amount of such severance payment or other Termination Benefit Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following Executive’s Executive ‘s separation from service will be accumulated through and Executive’s right to receive payment paid or distribution of such accumulated amount will be delayed until the earlier of (i) a date no later than thirty (30) days following Executive’s death or (ii) provided on the first day of the seventh month following Executive’s separation from serviceservice (or, whereupon if Executive dies during such period, within 30 days after Executive’s death) (in either case, the accumulated amount will be paid or distributed to Executive on such date “Required Delay Period”); and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resumeresume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, as required by Section 409A, if the severance payments under subsection 4(d)(i), whether payable by reason of subsections 4(b), (d) any amount or (e), or any other Termination Benefit, become benefit that would constitute Non-Exempt Deferred Compensation would otherwise be payable or distributable under this Agreement by LEGAL02/43756812v5 reason of Executive’s separation from service during a period in which he Executive is a Specified Employee specified employee (as defined belowdetermined by Employer in accordance with Section 409A of the Code and Treasury Regulations § 1.409A-3(i)(2)), then, subject to any permissible acceleration of payment by the Company Employer under Treas. Reg. Section 1.409A-3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes), ): (i) the amount of such severance payment or other Termination Benefit Non-Exempt Deferred Compensation that would otherwise be payable during the six-six- month period immediately following Executive’s separation from service will be accumulated through and Executive’s right to receive payment paid or distribution of such accumulated amount will be delayed until the earlier of (i) a date no later than thirty (30) days following Executive’s death or (ii) provided on the first day of the seventh month following Executive’s separation from serviceservice (or, whereupon if Executive dies during such period, within 30 days after Executive’s death) (in either case, the accumulated amount will be paid or distributed to Executive on such date “Required Delay Period”); and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resumeresume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, as required by Section 409A, if the severance payments under subsection 4(d)(i), whether payable by reason of subsections 4(b), (d) any amount or (e), or any other Termination Benefit, become benefit that would constitute Non-Exempt Deferred Compensation would otherwise be payable or distributable under this Agreement by reason of Executive’s separation from service during a period in which he Executive is a Specified Employee specified employee (as defined belowdetermined by Employer in accordance with Section 409A of the Code and Treasury Regulations§ l.409A-3(i)(2)), then, subject to any permissible acceleration of payment by the Company Employer under TreasXxxxx. Reg. Section 1.409A-3(j)(4)(iil .409A-3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes), ): (i) the amount of such severance payment or other Termination Benefit Non-Exempt Deferred Compensation that would otherwise be payable during the six-six month period immediately following Executive’s separation from service will be accumulated through and Executive’s right to receive payment paid or distribution of such accumulated amount will be delayed until the earlier of (i) a date no later than thirty (30) days following Executive’s death or (ii) provided on the first day of the seventh month following Executive’s separation from serviceservice (or, whereupon if Executive dies during such period, within 30 days after Executive’s death) (in either case, the accumulated amount will be paid or distributed to Executive on such date “Required Delay Period”); and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resumeresume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, as required by Section 409A, if the severance payments under subsection 4(d)(i), whether payable by reason of subsections 4(b), (d) any amount or (e), or any other Termination Benefit, become benefit that would constitute Non-Exempt Deferred Compensation would otherwise be payable or distributable under this Agreement by reason of Executive’s separation from service during a period in which he Executive is a Specified Employee specified employee (as defined belowdetermined by Employer in accordance with Section 409A of the Code and Treasury Regulations§ 1.409A-3(i)(2)), then, subject to any permissible acceleration of payment by the Company Employer under Treas. Reg. Section 1.409A-3(j)(4)(iil .409A- 3G)(4)(ii) (domestic relations order), (j)(4)(iiiG)(4)(iii) (conflicts of interest), or (j)(4)(viG)(4)(vi) (payment of employment taxes), ): (i) the amount of such severance payment or other Termination Benefit Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following Executive’s separation from service will be accumulated through and Executive’s right to receive payment paid or distribution of such accumulated amount will be delayed until the earlier of (i) a date no later than thirty (30) days following Executive’s death or (ii) provided on the first day of the seventh month following Executive’s separation from serviceservice (or, whereupon if Executive dies during such period, within 30 days after Executive’s death) (in LEGAL02/43756997v5 either case, the accumulated amount will be paid or distributed to Executive on such date “Required Delay Period”); and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resumeresume at the end of the Required Delay Period.

Six-Month Delay in Certain Circumstances. Notwithstanding anything in this Agreement to the contrary, as required by Section 409A, if any amount or benefit that would constitute non-exempt “deferred compensation” for purposes of Section 409A of the severance payments under subsection 4(d)(i), whether payable by reason of subsections 4(b), (d) or (e), or any other Termination Benefit, become Code would otherwise be payable or distributable under this Agreement by reason of Executive’s separation from service during a period in which he is a Specified Employee (as defined below), then, subject to any permissible acceleration of payment by the Company under Treas. Reg. Section 1.409A-3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes), the amount of such severance payment or other Termination Benefit non-exempt deferred compensation that would otherwise be payable during the six-month period immediately following Executive’s separation from service will be accumulated and Executive’s right to receive payment or distribution of such accumulated amount will be delayed until the earlier of (i) a date no later than thirty (30) days following Executive’s death or (ii) the first day of the seventh month following Executive’s separation from service, whereupon the accumulated amount will be paid or distributed to Executive on such date and the normal payment or distribution schedule for any remaining payments or distributions will resume.