Common use of Delayed Payments Clause in Contracts

Delayed Payments. Notwithstanding any provision in this Agreement to the contrary, as needed to comply with Section 409A, if Executive is a “specified employee” (within the meaning of Section 409A), payments due under Sections 6, 7, 8, or 10 above shall be subject to a six (6) month delay such that amounts otherwise payable during the six (6) month period following Executive’s Separation from Service shall be accumulated and paid in a lump-sum catch-up payment as of the first day of the seventh month following Executive’s Separation from Service (or, if earlier, the date of Executive’s death).

Appears in 6 contracts

Sources: Executive Employment Agreement (Parkway Acquisition Corp.), Employment Agreement (First Community Bancshares Inc /Nv/), Employment Agreement (First Community Bancshares Inc /Nv/)

Delayed Payments. Notwithstanding any provision in this Agreement to the contrary, as needed to comply with Section 409A, if Executive is a “specified employee” (within the meaning of Section 409A), payments due under Sections 6, 7, 8, 9 or 10 11 above shall be subject to a six (6) month delay such that amounts otherwise payable during the six (6) month period following Executive’s Separation from Service shall be accumulated and paid in a lump-sum catch-up payment as of the first day of the seventh month following Executive’s Separation from Service (or, if earlier, the date of Executive’s death).

Appears in 5 contracts

Sources: Employment Agreement (First Community Bankshares Inc /Va/), Employment Agreement (First Community Bankshares Inc /Va/), Employment Agreement (First Community Bankshares Inc /Va/)

Delayed Payments. Notwithstanding any provision in this the Agreement to the contrary, as needed to comply with Section 409A, if the Executive is a “specified employee” (within the meaning of Section 409A), to the extent needed to comply with Section 409A, payments due under Sections 6, 7, 8, or 10 above shall Section 6.04 of the Agreement which are considered part of a deferred compensation arrangement under Section 409A will be subject to a six (6) month delay such that amounts otherwise payable during the six (6) month period following the Executive’s Separation separation from Service service shall be accumulated and paid in a lump-sum catch-up payment as of the first day of the seventh month following the Executive’s Separation separation from Service service (or, if earlier, the date of the Executive’s death).

Appears in 4 contracts

Sources: Employment Termination Benefits Agreement (Astronics Corp), Employment Termination Benefits Agreement (Astronics Corp), Employment Termination Benefits Agreement (Astronics Corp)

Delayed Payments. Notwithstanding any provision in this the Agreement to the contrary, as needed to comply with Section 409A, if the Executive is a “specified employee” (within the meaning of Section 409A), payments due under Sections 6, 7, 8, or 10 above Section 7 shall be subject to a six (6) month delay such that amounts otherwise payable during the six (6) month period following the Executive’s Separation separation from Service service shall be accumulated and paid in a lump-sum catch-up payment as of the first day of the seventh month following the Executive’s Separation separation from Service service (or, if earlier, the date of the Executive’s death).

Appears in 2 contracts

Sources: Employment Agreement (Mb Financial Inc /Md), Employment Agreement (Mb Financial Inc /Md)

Delayed Payments. Notwithstanding any provision in this Agreement to the contrary, as needed to comply with Section 409A, if the Executive is a “specified employee” (within the meaning of Section 409A), payments due under Sections 6, 7, 8, or 10 above Section 6(a) shall be subject to a six (6) month delay such that amounts otherwise payable during the six (6) month period following the Executive’s Separation separation from Service service shall be accumulated and paid in a lump-sum catch-up payment as of the first day of the seventh month following the Executive’s Separation separation from Service service (or, if earlier, the date of the Executive’s death).

Appears in 2 contracts

Sources: Employment Agreement (Mb Financial Inc /Md), Employment Agreement (Mb Financial Inc /Md)

Delayed Payments. Notwithstanding any provision in this Agreement to the contrary, as needed to comply with Section 409A, if Executive is a "specified employee" (within the meaning of Section 409A), payments due under Sections 6, 7, 8, or 10 above shall be subject to a six (6) month delay such that amounts otherwise payable during the six (6) month period following Executive’s 's Separation from Service shall be accumulated and paid in a lump-sum catch-up payment as of the first day of the seventh month following Executive’s 's Separation from Service (or, if earlier, the date of Executive’s 's death).

Appears in 2 contracts

Sources: Executive Employment Agreement (Parkway Acquisition Corp.), Executive Employment Agreement (Parkway Acquisition Corp.)

Delayed Payments. Notwithstanding any provision in this Agreement to the contrary, as needed to comply with Section 409A, if the Executive is a “specified employee” (within the meaning of Section 409A), payments due under Sections 6, 7, 8, or 10 above Section 7(a) shall be subject to a six (6) month delay such that amounts otherwise payable during the six (6) month period following the Executive’s Separation separation from Service service shall be accumulated and paid in a lump-sum catch-up payment as of the first day of the seventh month following the Executive’s Separation separation from Service service (or, if earlier, the date of the Executive’s death).

Appears in 1 contract

Sources: Employment Agreement (Mb Financial Inc /Md)

Delayed Payments. Notwithstanding any provision in this Agreement to the contrary, as needed to comply with Section 409A, if Executive is a “specified employee” (within the meaning of Section 409A), payments due under Sections 6, 7, 8, or 10 Section 4 above shall be subject to a six (6) month delay such that amounts otherwise payable during the six (6) month period following Executive’s Separation separation from Service service (as defined in Treasury Reg. §1.409A-1(h)) shall be accumulated and paid in a lump-sum catch-up payment as of the first day of the seventh month following Executive’s Separation separation from Service service (or, if earlier, the date of Executive’s death).

Appears in 1 contract

Sources: Merger Agreement (First Community Bancshares Inc /Nv/)

Delayed Payments. Notwithstanding any provision in this Agreement to the contrary, as to the extent needed to comply with Section 409A, if Executive is a “specified employee” (within the meaning of Section 409A)Specified Employee, payments due under Sections 6, 7, 8, or 10 above shall be subject to a six (6) month delay such that amounts otherwise payable during the six (6) month period following Executive’s Separation from Service shall be accumulated and paid in a lump-sum catch-up payment as of the first day of the seventh month following Executive’s Separation from Service (or, if earlier, the date of Executive’s death).

Appears in 1 contract

Sources: Executive Employment Agreement (Parkway Acquisition Corp.)

Delayed Payments. Notwithstanding any provision in this the Agreement to the contrary, as needed to comply with Section 409A, if the Executive is a “specified employee” (within the meaning of Section 409A), to the extent needed to comply with Section 409A, payments due under Sections 6, 7, 8, or 10 above shall Section 9 of the Agreement which are considered part of a deferred compensation arrangement under Section 409A will be subject to a six (6) month delay such that amounts otherwise payable during the six (6) month period following the Executive’s Separation separation from Service service shall be accumulated and paid in a lump-sum catch-up payment as of the first day of the seventh month following the Executive’s Separation separation from Service service (or, if earlier, the date of the Executive’s death).

Appears in 1 contract

Sources: Employment Agreement (Idex Corp /De/)