Common use of Separation from Service Clause in Contracts

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 46 contracts

Sources: Executive Employment Agreement (Precision Biosciences Inc), Executive Employment Agreement (Precision Biosciences Inc), Executive Employment Agreement (Precision Biosciences Inc)

Separation from Service. A termination of employment or separation from service shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits that constitute nonqualified deferred compensation within the meaning of Section 409A upon or following a termination of employment or separation from service unless such termination also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 20 contracts

Sources: Employment Agreement (Novan, Inc.), Merger Agreement (First Citizens Bancshares Inc /De/), Merger Agreement (First Citizens Bancshares Inc /De/)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for relating to the payment of any amounts or benefits upon or following a termination of employment unless such termination also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 19 contracts

Sources: Executive Employment Agreement (Gryphon Digital Mining, Inc.), Executive Employment Agreement (Tenax Therapeutics, Inc.), Employment Agreement (Charles & Colvard LTD)

Separation from Service. A termination of employment shall will not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits subject to Code Section 409A upon or following a termination of employment unless such termination is also constitutes a “Separation from Service” within the meaning of Code Section 409A and, for purposes of any such provision of this Agreement, references to a “resignation,” “termination,” “termination of employment,” “separation from service” or like terms shall will mean Separation from Service.

Appears in 17 contracts

Sources: Employment Agreement (Travel & Leisure Co.), Employment Agreement (Travel & Leisure Co.), Employment Agreement (Wyndham Hotels & Resorts, Inc.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits subject to Code Section 409A upon or following a termination of employment unless such termination is also constitutes a “Separation from Service” within the meaning of Code Section 409A and, for purposes of any such provision of this Agreement, references to a “resignation,” “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 13 contracts

Sources: Employment Agreement (Bionovo Inc), Employment Agreement (Bionovo Inc), Employment Agreement (Enzo Biochem Inc)

Separation from Service. A termination of employment service shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits that are considered nonqualified deferred compensation under Section 409A upon or following a termination of employment service, unless such termination is also constitutes a “Separation separation from Serviceservice” within the meaning of Section 409A and, for and the payment thereof prior to a “separation from service” would violate Section 409A. For purposes of any such provision of this AgreementAgreement relating to any such payments or benefits, references to a “termination,” “termination of employment,” “separation from termination of service,” or like terms shall mean Separation “separation from Serviceservice.

Appears in 8 contracts

Sources: Employment Agreement (UniTek Global Services, Inc.), Employment Agreement (UniTek Global Services, Inc.), Employment Agreement (UniTek Global Services, Inc.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits subject to Code Section 409A upon or following a termination of employment unless such termination is also constitutes a “Separation from Service” within the meaning of Code Section 409A and Treas. Reg. §1.409A-1(h) (without giving effect to any elective provisions that may be available under such definition) and, for purposes of any such provision of this Agreement, references to a “resignation,” “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 8 contracts

Sources: Employment Agreement (Harris Interactive Inc), Employment Agreement (Harris Interactive Inc), Employment Agreement (Harris Interactive Inc)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits subject to Section 409A upon or following a termination of employment unless such termination is also constitutes a “Separation separation from Serviceservice” within the meaning of Section 409A and409A, and for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation “separation from Service.service” within the meaning of Section 409A.

Appears in 7 contracts

Sources: Employment Agreement (Vallon Pharmaceuticals, Inc.), Employment Agreement (Vallon Pharmaceuticals, Inc.), Employment Agreement (Vallon Pharmaceuticals, Inc.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits subject to Section 409A upon or following a termination of employment unless un-less such termination is also constitutes a “Separation separation from Serviceservice” within the meaning of Section 409A and409A, and for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation “separation from Service.service” within the meaning of Section 409A.

Appears in 6 contracts

Sources: Employment Agreement (Eterna Therapeutics Inc.), Employment Agreement (Eterna Therapeutics Inc.), Employment Agreement (GRI BIO, Inc.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination also constitutes a “Separation from Service” within the meaning of Section 409A 409A, and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 6 contracts

Sources: Employment Agreement (Four Oaks Fincorp Inc), Employment Agreement (Four Oaks Fincorp Inc), Employment Agreement (Four Oaks Fincorp Inc)

Separation from Service. A termination of employment the Employment Period shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination is also constitutes a “Separation separation from Serviceservice” within the meaning of Section 409A and409A, and for purposes of any such provision of this Agreement, references to a “termination,” ”, “termination of the Employment Period”, “termination of employment,or similar terms shall mean “separation from service” or like terms shall mean Separation from Service.

Appears in 6 contracts

Sources: Employment Agreement (Metaldyne Performance Group Inc.), Employment Agreement (Metaldyne Performance Group Inc.), Employment Agreement (Metaldyne Performance Group Inc.)

Separation from Service. A termination of employment shall will not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits following or upon or following a termination of employment (to the extent such payments or benefits are subject to Code Section 409A) unless such termination also constitutes a “Separation from Service” within the meaning of Code Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 5 contracts

Sources: Employment Agreement (Applied Dna Sciences Inc), Employment Agreement (Dex Media, Inc.), Employment Agreement (Supermedia Inc.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the any payment of any amounts or benefits that the Company determines may be considered nonqualified deferred compensation under Code Section 409A upon or following a termination of employment unless such termination also constitutes is a “Separation from of Service” within with the meaning of Code Section 409A 409A, and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or the like terms shall mean Separation from Servicea separation of service. The determination of whether and when a separation of service has occurred for purposes of this Agreement shall be made in in accordance with the presumptions set forth in Section 1.409A-1(h) of the Treasury Regulations.

Appears in 5 contracts

Sources: Executive Employment Agreement (Veru Inc.), Executive Employment Agreement (Veru Inc.), Executive Employment Agreement (Veru Inc.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Amended Employment Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this Amended Employment Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 5 contracts

Sources: Executive Employment Agreement (Quintiles Transnational Holdings Inc.), Executive Employment Agreement (Quintiles Transnational Holdings Inc.), Executive Employment Agreement (Quintiles Transnational Holdings Inc.)

Separation from Service. A Notwithstanding anything to the contrary herein, a termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement Amended Offer Letter providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination is also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this AgreementAmended Offer Letter, references to a “resignation,” “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 5 contracts

Sources: Employee Offer Letter (Zeltiq Aesthetics Inc), Employee Offer Letter (Zeltiq Aesthetics Inc), Employee Offer Letter (Zeltiq Aesthetics Inc)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts mounts or benefits upon or following a termination of employment that are considered “nonqualified deferred compensation” under Code Section 409A unless such termination is also constitutes a Separation from Service” within the meaning of Section 409A Service and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 4 contracts

Sources: Employment Agreement (William Lyon Homes), Employment Agreement (William Lyon Homes), Employment Agreement (William Lyon Homes)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination is also constitutes a “Separation separation from Serviceservice” within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation “separation from Serviceservice.

Appears in 4 contracts

Sources: Employment Agreement (Forian Inc.), Employment Agreement (Forian Inc.), Employment Agreement (Forian Inc.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment that are considered “non-qualified deferred compensation” under Code Section 409A unless such termination is also constitutes a “Separation separation from Serviceservice” within the meaning of Code Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation “separation from Serviceservice.

Appears in 3 contracts

Sources: Employment Agreement (William Lyon Homes), Employment Agreement (William Lyon Homes), Employment Agreement (William Lyon Homes)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 3 contracts

Sources: Employment Agreement (Four Oaks Fincorp Inc), Employment Agreement (Four Oaks Fincorp Inc), Employment Agreement (First Bancorp /Nc/)

Separation from Service. A Notwithstanding anything to the contrary herein, a termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement letter providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination is also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this Agreementletter, references to a “resignation,” “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 3 contracts

Sources: Employment Agreement, Employment Offer Letter Agreement (Zeltiq Aesthetics Inc), Employment Offer Letter Agreement (Zeltiq Aesthetics Inc)

Separation from Service. A Notwithstanding anything to the contrary herein, a termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement Offer Letter providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination is also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this AgreementOffer Letter, references to a “resignation,” “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 3 contracts

Sources: Employee Offer Letter Amendment (Zeltiq Aesthetics Inc), Employee Offer Letter Amendment (Zeltiq Aesthetics Inc), Employee Offer Letter Amendment (Zeltiq Aesthetics Inc)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination also constitutes a "Separation from Service" within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a "termination,” “" "termination of employment,” “" "separation from service" or like terms shall mean "Separation from Service."

Appears in 3 contracts

Sources: Employment Agreement (First Bancorp /Nc/), Employment Agreement (First Bancorp /Nc/), Employment Agreement (First Bancorp /Nc/)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination is also constitutes a “Separation separation from Serviceservice” within the meaning of Code Section 409A and, for purposes of any such provision of this Agreement, references to a “resignation,” “termination,” “terminate,” “termination of employment,” “separation from service” or like terms shall mean Separation separation from Serviceservice.

Appears in 2 contracts

Sources: Change in Control Agreement (Champion Enterprises Inc), Change in Control Agreement (Champion Enterprises Inc)

Separation from Service. A termination of employment or separation from service shall not be deemed to have occurred for purposes of any provision of this Consulting Agreement providing for the payment of any amounts or benefits that constitute nonqualified deferred compensation within the meaning of Section 409A upon or following a termination of employment or separation from service unless such termination also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this Consulting Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 2 contracts

Sources: Executive Employment Agreement (Quintiles Transnational Holdings Inc.), Consulting Agreement (Quintiles Transnational Holdings Inc.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination is also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service(within the meaning of Code Section 409A).

Appears in 2 contracts

Sources: Employment Agreement (HCC Insurance Holdings Inc/De/), Employment Agreement (HCC Insurance Holdings Inc/De/)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits subject to Internal Revenue Code Section 409A upon or following a termination of employment unless such termination is also constitutes a “Separation from Service” within the meaning of Internal Revenue Code Section 409A and, for purposes of any such provision of this Agreement, references to a “terminationresignation,” “termination”, “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 2 contracts

Sources: Employment Agreement (Harris Interactive Inc), Employment Agreement (Harris Interactive Inc)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 2 contracts

Sources: Executive Employment Agreement (Precision Biosciences Inc), Executive Employment Agreement (Precision Biosciences Inc)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this the Plan or any Award Agreement providing for the payment of any amounts or benefits that are considered nonqualified deferred compensation under Section 409A upon or following a termination of employment employment, unless such termination is also constitutes a “Separation separation from Serviceservice” within the meaning of Section 409A and, for and the payment thereof prior to a “separation from service” would violate Section 409A. For purposes of any such provision of this Agreementthe Plan or any Award Agreement relating to any such payments or benefits, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation “separation from Serviceservice.

Appears in 2 contracts

Sources: 2017 Omnibus Incentive Plan (Darling Ingredients Inc.), Employment Agreement

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits subject to Code Section 409A upon or following a termination of employment unless such termination is also constitutes a “Separation from Service” within the meaning of Code Section 409A (“Separation from Service”) and, for purposes of any such provision of this Agreement, references to a “resignation,” “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 1 contract

Sources: Employment Agreement (Wyndham Worldwide Corp)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement the Plan providing for the payment of any amounts or benefits that constitute “nonqualified deferred compensation” under Code Section 409A upon or following a termination of employment unless such termination is also constitutes a “Separation separation from Serviceservice” within the meaning of Code Section 409A and, for purposes of any such provision of this Agreementthe Plan, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation “separation from Serviceservice”.

Appears in 1 contract

Sources: Employment Agreement (Beauty Health Co)

Separation from Service. A Solely to the extent necessary to comply with Section 409A, a termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination is also constitutes a “Separation separation from Serviceservices” within the meaning of Section 409A and, and for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation “separation from Serviceservice.

Appears in 1 contract

Sources: Employment Agreement

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination is also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.409A.

Appears in 1 contract

Sources: Employment Agreement (Choice Hotels International Inc /De)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination also constitutes a “Separation separation from Serviceservice” within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.409A.

Appears in 1 contract

Sources: Executive Employment Agreement (Quintiles Transnational Holdings Inc.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment that are considered “nonqualified deferred compensation” under 409A of the Code unless such termination is also constitutes a “Separation separation from Serviceservice” within the meaning of Section 409A of the Code and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation “separation from Serviceservice.

Appears in 1 contract

Sources: Employment Agreement (Biogen Inc.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits subject to Section 409A of the Code upon or following a termination of employment unless such termination is also constitutes a "Separation from Service" within the meaning of Section 409A of the Code and, for purposes of any such provision of this Agreement, references to a "resignation," "termination,” “" "termination of employment,” “separation from service” " or like terms shall mean means Separation from Service.

Appears in 1 contract

Sources: Employment Agreement (Mobiquity Technologies, Inc.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for relating to the payment of any amounts or benefits upon or following a termination of employment unless such termination also constitutes a "Separation from Service" within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a "termination,” “" "termination of employment,” “" "separation from service" or like terms shall mean Separation from Service.

Appears in 1 contract

Sources: Employment Agreement (Pantry Inc)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits subject to Section 409A of the Code upon or following a termination of employment unless such termination is also constitutes a “Separation from Service” within the meaning of Section 409A of the Code and, for purposes of any such provision of this Agreement, references to a “resignation,” “termination,” “termination of employment,” “separation from service” or like terms shall mean means Separation from Service.

Appears in 1 contract

Sources: Employment Agreement (Mobiquity Technologies, Inc.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits subject to Code Section 409A upon or following a termination of employment unless such termination is also constitutes a “Separation separation from Serviceservice” within the meaning of Code Section 409A (“Separation from Service”), and, for purposes of any such provision of this Agreement, references to a “resignation,” “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 1 contract

Sources: Employment Agreement (Wyndham Worldwide Corp)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination is also constitutes a “Separation separation from Serviceservice” within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a “resignation,” “termination,” “terminate,” “termination of employment,” “separation from service” or like terms shall mean Separation separation from Serviceservice.

Appears in 1 contract

Sources: Executive Employment Agreement (Champion Enterprises Inc)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination also constitutes a “Separation from Service” within the meaning of Section 409A 409A, and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 1 contract

Sources: Merger Agreement (Four Oaks Fincorp Inc)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the any payment of any amounts or benefits that the Company determines may be considered nonqualified deferred compensation under Code Section 409A upon or following a termination of employment unless such termination also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.19

Appears in 1 contract

Sources: Executive Employment Agreement (Veru Inc.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of with respect to any provision of this Agreement providing for the payment of any amounts amount or benefits upon or following a benefit that is subject to Section 409A unless such termination of employment unless such or services meets the definition of “separation from service” within the meaning of Section 409A. Any references to “termination”, “termination also constitutes a of employment”, Separation employment termination” or “date of termination” or like references shall be deemed to be references to “separation from Serviceservice” within the meaning of Section 409A and, for purposes or date of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 1 contract

Sources: Employment Agreement (API Technologies Corp.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement GENERAL RELEASE AGREEMENT providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination also constitutes a “Separation from Service” within the meaning of Section 409A and, for purposes of any such provision of this AgreementGENERAL RELEASE AGREEMENT, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 1 contract

Sources: General Release and Severance Agreement (Quintiles Transnational Holdings Inc.)

Separation from Service. A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits following or upon or following a termination of employment unless such termination also constitutes a “Separation from Service” within the meaning of Code Section 409A and, for purposes of any such provision of this Agreement, references to a “termination,” “termination of employment,” “separation from service” or like terms shall mean Separation from Service.

Appears in 1 contract

Sources: Employment Agreement (DEX ONE Corp)