Common use of Section 409A Matters Clause in Contracts

Section 409A Matters. Notwithstanding the foregoing, in the event vesting pursuant to this Section 5 is determined to constitute "nonqualified deferred compensation" subject to Section 409A of the Code, then, to the extent the Grantee is a "specified employee" under Section 409A of the Code subject to the six-month delay thereunder, any such vesting or related payments to be made during the six-month period commencing on the Grantee's "separation from service" (as defined in Section 409A of the Code) shall be delayed until the expiration of such six-month period.

Section 409A Matters. Notwithstanding the foregoing, in the event vesting pursuant to this Section 5 is determined to constitute "“nonqualified deferred compensation" ” subject to Section 409A of the Code, then, to the extent the Grantee is a "“specified employee" ” under Section 409A of the Code subject to the six-month delay thereunder, any such vesting or related payments to be made during the six-month period commencing on the Grantee's "’s “separation from service" ” (as defined in Section 409A of the Code) shall be delayed until the expiration of such six-month period.