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 Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.

Appears in 30 contracts

Samples: Agreement and Release (EQT Corp), Agreement and Release (EQT Corp), And Non Competition Agreement (EQM Midstream Partners, LP)

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Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.

Appears in 14 contracts

Samples: Agreement and Release (EQT Corp), Agreement and Release (EQT Corp), Non Solicitation (Equitrans Midstream Corp)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (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 sixty (60)-day period begins in one (1) calendar year and ends in the next calendar year, the payment or benefit shall not be made or commence before the second (2nd) such calendar year, even if the release becomes irrevocable in the first (1st) such calendar year. In other words, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.

Appears in 6 contracts

Samples: Agreement and Release (EQT Corp), Agreement and Release (EQT Corp), Agreement and Release (EQT Corp)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on EmployeeExecutive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 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, Employee Executive is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.

Appears in 5 contracts

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

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on EmployeeExecutive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) days after the date of terminationTermination Date; 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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.

Appears in 4 contracts

Samples: Employment Agreement (EVO Payments, Inc.), Employment Agreement (EVO Payments, Inc.), Employment Agreement (EVO Payments, Inc.)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on the Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 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, the Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.

Appears in 4 contracts

Samples: Change of Control Agreement (EQM Midstream Partners, LP), Change of Control Agreement (Equitrans Midstream Corp), Change of Control Agreement (Equitrans Midstream Corp)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s 's execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.

Appears in 4 contracts

Samples: Non Competition Agreement (Equitrans Midstream Corp), Non Competition Agreement (Equitrans Midstream Corp), Non Solicitation And (Equitrans Midstream Corp)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employeethe Executive’s execution and non-revocation of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 60 days after the date Executive’s termination of terminationemployment; failing which such payment or benefit shall be forfeited. 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, Employee the Executive is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.

Appears in 3 contracts

Samples: Severance Agreement (Sally Beauty Holdings, Inc.), Severance Agreement (Sally Beauty Holdings, Inc.), Termination Agreement (Sally Beauty Holdings, Inc.)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 60 days after the date of termination; 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 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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.

Appears in 3 contracts

Samples: Employment Agreement (Immucor Inc), Employment Agreement (Immucor Inc), Employment Agreement (Immucor Inc)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on EmployeeExecutive’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 60 days after the date Date of terminationTermination; 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, Employee Executive is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.

Appears in 2 contracts

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

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on EmployeeExecutive’s execution of a release of claims, such release must be executed executed, and all revocation periods shall have expired expired, within sixty (60) 60 days after the 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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.

Appears in 2 contracts

Samples: Employment Agreement (Toys R Us Inc), Employment Agreement (Toys R Us Inc)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.

Appears in 2 contracts

Samples: Agreement and Release (EQT Corp), Non‑competition Agreement (EQT Corp)

Timing of Release of Claims. Whenever in this Agreement the provision of a payment or benefit is conditioned on Employeethe Executive’s execution and non-revocation of a release of claims, such release must be executed executed, and all revocation periods shall have expired expired, within sixty (60) 60 days after the date of termination; termination of the Executive’s employment, failing which such payment or benefit shall be forfeited. 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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.

Appears in 2 contracts

Samples: Employment Agreement (Toys R Us Inc), Employment Agreement (Toys R Us Inc)

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Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release. 15.

Appears in 2 contracts

Samples: Work Arrangement Employment Agreement, Solicitation and Non‑competition Agreement

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release. 15.

Appears in 1 contract

Samples: 1 Agreement and Release

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on EmployeeExecutive’s execution of a release of claims, such release must be executed executed, and all revocation periods shall have expired within sixty (60) days after the date of terminationTermination Date; 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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.

Appears in 1 contract

Samples: Employment Agreement (EVO Payments, Inc.)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s 's execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release.

Appears in 1 contract

Samples: Transition Agreement and General Release (Equitrans Midstream Corp)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 60 days after the date of terminationEmployee’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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.. Employee’s Initials: _________________

Appears in 1 contract

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

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 60 days after the date of terminationEmployee’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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her his 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 payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) 60 days after the date Date of terminationTermination; 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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her his signing of the release.

Appears in 1 contract

Samples: Employment Agreement (Southside Bancshares Inc)

Timing of Release of Claims. Whenever in this Agreement a payment or benefit is conditioned on Employee’s execution of a release of claims, such release must be executed and all revocation periods shall have expired within sixty (60) days after the date of 9 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, Employee is not permitted to influence the calendar year of payment based on the timing of his/her signing of the release. 15.

Appears in 1 contract

Samples: Transition Agreement

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